[Congressional Record (Bound Edition), Volume 153 (2007), Part 11]
[Senate]
[Pages 15111-15165]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN:
  S. 1561. A bill to amend title 11, United States Code, with respect 
to exceptions to discharge in bankruptcy for certain qualified 
educational loans; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I would like to tell you about Connie 
Martin from Sycamore, IL. Connie's son decided to go to culinary school 
in Chicago 5 years ago at the age of 25. To pay for tuition, he 
borrowed $58,000 in private loans from Sallie Mae at 18 percent 
interest. His first payment was $1,100 a month--his entire monthly 
salary at a downtown eatery where he worked after graduation. His loan 
balance, including government-backed loans, is now $100,000. Connie's 
son has been working hard, and she and her husband have been trying to 
help him make the payments. I worry for borrowers like Connie's son who 
can't start over and will have debt that will likely haunt him for the 
rest of his life.
  The Chicago Sun-Times recently ran a story that described the 
devastating effect large student loan debt has on the lives of 
borrowers. Mr. President, I ask unanimous consent that the following 
article from the Chicago Sun-Times be inserted for the Record.
  Private student loans are the fastest growing and most profitable 
sector of the student loan industry. As college tuition continues to 
rise, the private loan market flourishes. According to the College 
Board, tuition, fees, room and board at public 4-year schools have 
risen by 42 percent over the past 5 years from $9,032 to $12,796. Add 
books, supplies, transportation and other living expenses, and the 
total increases to $16,357 for those paying instate tuition and $26,304 
for those paying out-of-state tuition. Students rely on private loans 
to pay for any unmet need that Federal loans and grants fail to cover. 
According to the College Board, since 2001 the market for private 
student loans has grown at an annual rate of 27 percent to $17.3 
billion in 2006--roughly 20 percent of total student borrowing. Ten 
years ago, only 5 percent of total education loan volume was in private 
loans.
  Private student loans are more profitable than Federal student loans 
because lenders can charge whatever interest rate students will pay, 
barring State usury laws. The interest rates and fees on private loans 
can be as onerous as credit cards. There are reports of private loans 
with interest rates of at least 15 percent and often much higher. 
Unlike Federal student loans, there is no government-imposed loan limit 
on private loans and no regulation over the terms and cost of these 
loans.
  Today, I am pleased to introduce a bill that will give students, who 
find themselves in dire financial straits, a

[[Page 15112]]

chance at a new beginning. My bill takes the bankruptcy law, as it 
pertains to private student loans, back to where it was before the law 
was amended in 2005. Under this legislation, privately issued student 
loans will once again be dischargeable in bankruptcy. My bill also 
clarifies that existing protections are specific to loans that were 
issued by or are guaranteed by State and Federal Government.
  Federally issued or guaranteed student loans have been protected 
during personal bankruptcy since 1978. This provision protects Federal 
investments in higher education. In 2005, a provision was added to law 
to protect the investments of private lenders participating in the 
student loan industry. This change in the law creates a couple of 
problems. First, extending protections to private lenders of student 
loans but not to other potential creditors who are at risk in a 
bankruptcy disposition is inherently unfair. Second, such protections 
are unfair to the debtor. Repayment schedules--with accumulating 
interest--can extend for decades.
  With the 2005 protections in place, there is essentially no risk to 
lenders making high-cost private loans to people who may not be able to 
afford them. There is no risk to private lenders extending credit to 
students at schools with low graduation rates and even lower job 
placement rates.
  Giving private loans such high status in bankruptcy also puts other 
creditors at a significant disadvantage. No one seems to know how or 
why private student loans gained this status in 2005. There is nothing 
in the Congressional Record explaining the reasons behind the change. 
Why should a private student loan lender be able to jump to the front 
of the creditor line--in front of the local furniture store or the 
neighborhood plumber? This bill seeks to restore treatment of privately 
issued student loans in bankruptcy to the same treatment as any other 
debt.
  There is justification for making Federal loans hard to discharge: 
they are backed by taxpayer dollars, and they come with some borrower 
protections in cases of economic hardship, unemployment, death and 
disability. However, private loans involve only private profit and do 
not have the protections that government borrowers enjoy, including 
caps on interest rates, flexible repayment options, and limited 
cancellation rights. Why should student borrowers, who are trying to 
better themselves and our country, be treated in the same manner as 
people trying to escape child support payments, alimony, overdue taxes, 
and criminal fines?
  The 1950s and 1960s saw the democratization of higher education. The 
GI Bill provided money for returning WWII veterans to attend college. 
The National Defense Education Act made college a possibility by making 
low-interest education loans available for countless students all 
across the country. Talented kids from working families began realizing 
the possibility of college, and enrollment at colleges swelled. But 
since then, college costs have gone through the roof. And students--
heeding the call to obtain a good education--are also earning 
themselves years of debt. The average student is graduating with nearly 
$20,000 in debt and in many cases--much, much more--just look at Connie 
Martin's son. Our country has made great strides in making college a 
reality for countless students. Let's not reverse the positive trend we 
started over 50 years ago. That is why I am introducing this bill--to 
give students a chance at a fresh start.
  Mr. President, I ask unanimous consent that the text of the bill and 
an article of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1561

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

     SECTION 1. DISCHARGE IN BANKRUPTCY FOR CERTAIN EDUCATIONAL 
                   LOANS.

       Section 523(a)(8) of title 11, United States Code, is 
     amended by striking ``dependents, for'' and all that follows 
     through subparagraph (B) and inserting ``dependents, for an 
     educational benefit overpayment or loan made, insured, or 
     guaranteed by a governmental unit, or an obligation to repay 
     funds received from a governmental unit as an educational 
     benefit, scholarship, or stipend.''.
                                  ____


                   [From the Sun Times, May 6, 2007]

               Students and Loans: 'Til Death Do Us Part

                           (By Dave Newbart)

       They liken it to a financial death sentence.
       They can't get a car loan, a home mortgage or any other 
     type of loan. They've lost jobs and even spouses over it.
       They are so humiliated they don't want any of their friends 
     or family to know.
       And for most, there is no way out.
       They are former students trapped under the weight of 
     student loans. The same vehicle that allowed them to get a 
     college education has left many graduates buried in debt with 
     no reasonable way to climb out.
       Some students who never graduate are stuck paying off loans 
     without the earning power of a degree--an estimated 
     additional $1 million in lifetime earnings.
       And some students who finish can't afford the monthly 
     payments. Others lose jobs and can't catch back up. Then they 
     get turned down by employers who increasingly check credit 
     records before hiring.
       Some say they would make small monthly payments to show 
     good faith--only to see their balances continue to grow and 
     to receive harassing phone calls from collectors.
       To be sure, most borrowers pay on time; default rates are 
     at an all-time low.
       But for those who run into trouble, changes in federal 
     laws--including many in the last decade--have made student 
     loans among the hardest debts to discharge. They've also made 
     the loans among the most lucrative for private lenders, who 
     face little risk--because the government backs the loans--but 
     reap the benefits when balances balloon.
       Some borrowers say they accept reasonable interest, but 
     they believe the fees and penalties--which over time can 
     double or triple the loan balances--are unfair.


                     Interest rate over 18 percent

       Many of the students awash in debt say that they were 
     blinded by the promise a college degree holds and unprepared 
     to take on high levels of debt at such a young age.
       Connie Martin's son signed up for cooking school in Chicago 
     in 2002 at age 25. To pay for it, he borrowed $73,000, mostly 
     in private loans from Sallie Mae, the largest student lender, 
     at 18 percent interest.
       ``He didn't know what the interest rate was. . . . He just 
     wanted to go to school,'' said Martin, of Sycamore.
       His first payment was $1,100 a month, his entire monthly 
     salary at a downtown eatery where he went to work after 
     graduation.
       ``I don't understand how they can lend a kid that kind of 
     money with no credit history, who never owned anything, with 
     no co-signers,'' said his mother, who only learned of the 
     situation after the bills started to pile up.
       Sallie Mae officials said they no longer offer such high-
     interest loans, and have offered students a chance to 
     refinance at a lower rate if certain conditions are met. ``We 
     recognize it's high,'' spokeswoman Martha Holler said.
       Martin's son declined to comment. His balance has since 
     grown to $98,000.


                     It's like indentured servitude

       Greg Treece, of Downstate Mattoon, now wishes he never 
     enrolled in Washington University's Occupational Therapy 
     program. ``Choosing an expensive private school and borrowing 
     the money to go there is the single greatest mistake I have 
     ever made,'' he said.
       Treece took out $84,000 in loans. Six months after he got 
     out of the St. Louis school, his monthly payment was more 
     than half his take-home pay for his first job in Chicago. He 
     later lost his job. With compounding interest, his loan 
     quickly skyrocketed. At times he seriously wished he could go 
     to jail in exchange for wiping out the debt.
       With a new job, he's managed to pay $60,000, but his 
     balance remains at $111,000 because of fees, penalties and 
     interest. ``It's like indentured servitude,'' he said.
       For those who default, lenders can truly play hardball, 
     often employing no-scruples private collection firms that 
     call borrowers as often as 10 times a day.
       Shirley, an Ivy League-educated lawyer, lost her job in 
     Chicago in the late 1980s. She pleaded for reduced payments 
     from a collector working for the Illinois Student Assistance 
     Commission--but was denied.
       ``I said you are driving me to bankruptcy,'' she recalled. 
     ``They wouldn't budge.''
       In bankruptcy court ISAC claimed she owed $78,000, which 
     included $13,000 for collection costs, 20 percent of the 
     total debt. Nearly all of the debt was eventually erased, 
     according to court records.
       Because that was before the recent law changes, she should 
     have been clear.


                     Loan chief admits ``mistakes''

       But several years later, the collectors began calling 
     again--first from ISAC and then from the U.S. Education 
     Department. They claimed the bill was now over $100,000.
       ``It was as though they were above the law,'' she said. She 
     eventually went to court

[[Page 15113]]

     again and proved she no longer owed the money, but her 
     husband left her in the process. She asked that her real name 
     not be used out of fear of retaliation.
       ISAC and the Education Department say they have several 
     programs that allow students to delay payments in hard times 
     or make lower ones based on income. Officials say they try to 
     help borrowers in default get back into good standing, a 
     process known as rehabilitation. Last year, ISAC rehabbed $30 
     million in defaulted loans, up from $4.4 million in 2002.
       Agency director Andy Davis says the agency has to strike a 
     balance between helping borrowers repay and making sure 
     taxpayers aren't left in the lurch.
       But he acknowledges his workers ``make mistakes'' and said 
     he is looking to make changes in some of the outsourcing of 
     collections.
       Then there are those with hard luck, who make bad decisions 
     or just simply can't get a break.
       Richard and Sheila Friese both have degrees from Southern 
     Illinois University, financed in part on student loans. They 
     were also both discharged from the Navy after suffering 
     injuries while serving stateside. Richard is learning 
     disabled.
       They have never been able to find high-paying jobs; now 
     they both use wheelchairs to get around and suffer from 
     ailments including arthritis, constant abdominal pain and 
     chronic fatigue. They're currently fighting with the Veterans 
     Administration over benefits; they also are wrangling with 
     the Social Security Administration.


                  Collector: ``We will never go away''

       They currently have no income to pay off their combined 
     $141,000 loan balance. ISAC has seized $3,200 in tax refunds 
     from Sheila, 37. Richard, 49, avoids the phone after 
     constantly being called by collectors for Sallie Mae--one of 
     whom he claims called him a ``low-life, S.O.B.'' Holler said 
     Sallie Mae's collectors are trained in fair debt collection 
     practices. ``That should not happen,'' she said.
       If this were virtually any other debt, experts say, the 
     couple would be able to discharge some or all of it through 
     bankruptcy. But the Frieses, of Mundelein, are stuck. ``Our 
     life has hit a brick wall,'' Richard said.
       Davis said it might make sense for the federal government 
     to ``write off'' debt if borrowers--particularly vets--have 
     no hope of paying.
       Pam, 58, of Dolton, graduated from Downstate SIU-
     Edwardsville in 1984, but spent time on welfare. She 
     eventually defaulted on her loan after a dispute over the 
     amount of the balance and monthly payments. Her $12,500 in 
     loans has grown to $28,000. Experts say borrowers should 
     continue to make payments during a dispute so the loan 
     doesn't get out of control.
       She has gone underground, blocking collectors' calls and 
     running her own business so her wages can't be garnisheed. 
     But when collectors do get through, they have a harsh 
     message. ``When they call they say, `We will never go away 
     until you are dead.'''


                            UP, UP AND AWAY

       Percent of students with loans
       1993: less than 50 percent
       2004: 66 percent
       Average debt for graduating seniors
       1993: $9,250
       2004: $19,200
       Number of graduating seniors with debt over $40,000
       1993: 7,000
       2004: 78,000
                                 ______
                                 
      By Mr. BIDEN:
  S. 1562. A bill to direct the Secretary of Energy to provide grants 
to States for the distribution of compact fluorescent lights; to the 
Committee on Energy and Natural Resources.
  Mr. BIDEN. Mr. President, I rise today to introduce the Fluorescent 
Light Implementation Program to Save Americans Value and Energy, or 
FLIP-to-SAVE. This bill does something very simple to save Americans 
money and make us more energy efficient. It distributes compact 
fluorescent light-bulbs. We can save green two ways by changing our 
light-bulbs.
  Compact fluorescent light-bulbs, or CFLs, are highly efficient light-
bulbs that use less than a quarter of the energy of traditional 
incandescent bulbs. The FLIP-to-SAVE program will spend $50 million to 
increase public awareness of how CFLs save money and the environment 
and to distribute them to households across the Nation. It is modeled 
after a successful program in my home State of Delaware, which 
distributed 140,000 CFLs through public libraries. The FLIP-to-SAVE 
program will give States grants, to allow each State to develop a 
program that suits it best, though I expect many will be modeled after 
Delaware's system.
  Through this program, we can expect to replace 16 million inefficient 
incandescent bulbs with CFLs, reducing total residential energy bills 
by over $60 million each year. That means the program ought to pay for 
itself in terms of savings to families in just one year. And that's 
without considering the environmental benefits.
  By reducing our energy consumption in the equivalent of 127,000 
homes, about the size of Buffalo, NY, we can help alleviate our energy 
dependence and reduce our greenhouse gas emissions. In fact, one 
equivalent CFL replacing a 60 watt incandescent will prevent 1000 
pounds of carbon dioxide through reductions in coal-powered 
electricity. That is 1.1 million tons of carbon dioxide each year.
  Energy efficiency is a key to our efforts to address climate change. 
There are many simple steps we can take to use less energy, and this is 
one. The FLIP-to-SAVE program will not just reduce carbon emissions, 
but also reduce electric bills for American families by more than its 
price tag. I ask 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. 1562

       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 ``Fluorescent Lightbulb 
     Implementation Program to Save Americans Value and Energy''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Low-income household.--The term ``low-income 
     household'' means a household with a total annual household 
     income that does not exceed the greater of--
       (A) an amount equal to 150 percent of the poverty level of 
     a State; or
       (B) an amount equal to 60 percent of the State median 
     income.
       (2) Medium base compact fluorescent lamp.--The term 
     ``medium base compact fluorescent lamp'' has the meaning 
     given the term in section 321(30)(S) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(S)).
       (3) Poverty level.--The term ``poverty level'' has the 
     meaning given the term in section 2603 of the Low-Income Home 
     Energy Assistance Act of 1981 (42 U.S.C. 8622).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (5) State.--The term ``State'' means--
       (A) a State; and
       (B) the District of Columbia.
       (6) State median income.--The term ``State median income'' 
     has the meaning given the term in section 2603 of the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622).

     SEC. 3. COMPACT FLUORESCENT LIGHTING GRANT PROGRAM.

       (a) Establishment.--The Secretary shall establish and carry 
     out a program under which the Secretary shall provide grants 
     to States for the distribution of medium base compact 
     fluorescent lamps to households in the State.
       (b) Application Requirements.--To be eligible to receive a 
     grant under this section a State shall--
       (1) submit to the Secretary an application, in such form 
     and by such date as the Secretary may specify, that 
     contains--
       (A) a plan describing the means by which the State will use 
     the grant funds; and
       (B) such other information as the Secretary may require; 
     and
       (2) agree--
       (A) to conduct public education activities to provide 
     information on--
       (i) the efficiency of using medium base compact fluorescent 
     lamps; and
       (ii) the cost savings associated with using medium base 
     compact fluorescent lamps;
       (B) to conduct outreach activities to ensure, to the 
     maximum extent practicable, that households in the State are 
     informed of the distribution of the medium base compact 
     fluorescent lamps in the State;
       (C) to coordinate activities under this section with 
     similar and related Federal and State programs; and
       (D) to comply with such other requirements as the Secretary 
     may establish.
       (c) Priority.--A State that receives a grant under this 
     section shall give priority to distributing medium base 
     compact fluorescent lamps to low-income households in the 
     State.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     $50,000,000 to carry out this Act.
       (b) Congressional Intent.--It is the intent of Congress 
     that the amounts made available under this section shall 
     supplement, not supplant, amounts provided under sections 361 
     through 364 of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 through 6324).
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Brownback, Mr. Dodd, Mr. Obama, 
        Mr. Lieberman, Ms. Klobuchar, Ms. Mikulski, Mrs.

[[Page 15114]]

        Murray, Mr. Nelson of Florida, Mr. Wyden, and Mrs. Clinton):
  S. 1563. A bill to require the disclosure of certain activities 
relating to the petroleum industry of Sudan, to increase the penalties 
for violations of sanctions provisions, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. DURBIN. Mr. President, the suffering in Darfur and Sudan on the 
continent of Africa continues today as it has every day for too many 
years. I rise again to urge my colleagues that we must do more to end 
this crisis in Sudan. Two weeks ago, before the Memorial Day recess, I 
came to the floor to highlight some of the positive steps taken thus 
far by Congress, the Bush administration, the business community, and 
nonprofits to pressure the Sudanese regime to end this genocide. I said 
then and I will repeat today: We must do more.
  In that speech I urged the President to follow through on what he 
promised to do in April at the Holocaust museum just down the street in 
Washington. To the President's credit, last week he took steps forward. 
He tightened United States economic sanctions on Sudan. He targeted 
sanctions against more individuals responsible for the violence, and he 
vowed to push for a strong new United Nations Security Council 
resolution that would further pressure the Sudanese regime. I applaud 
the President for his leadership. But I repeat, we must do more.
  On March 28, as Treasury Secretary Paulson testified in front of the 
Appropriations subcommittee I chair, I asked the Secretary: What 
resources does the Treasury Department need to put more pressure on the 
Sudanese Government to end the genocide? His answer:

       . . . We'd like the flexibility to charge a larger fine, 
     because $50,000 may not be enough.

  He was talking about civil and criminal penalties that violators of 
American sanctions on Sudan should face and the fact that the current 
penalties are not much of a deterrent. It was a concrete suggestion 
from the administration, and I agreed to accept his challenge. Based on 
that testimony, more discussions with the Treasury Department, the 
Securities and Exchange Commission, the State Department, and other 
agencies, we created the Sudan Disclosure and Enforcement Act which I 
introduce today. This act provides the administration and all Americans 
with more resources and tools and information so we can each do our 
part to end the genocide and bring peace to Darfur. It creates real 
consequences for those who support the Sudanese regime and, perhaps 
most importantly, it requires the administration and Congress to meet 
in 90 days to reassess the steps that need to be taken to help to end 
the crisis.
  For my colleagues who are considering supporting this legislation, 
here is what the bill will do in specifics: first, express the sense of 
Congress that the international community should continue to bring 
pressure against the Government of Sudan to convince that regime that 
the world would not allow this crisis to continue; second, authorize 
greater resources for the Office of Foreign Assets Control within the 
Department of the Treasury to strengthen its capabilities in tracking 
Sudanese economic activity and pursuing sanctions violators; third, 
require more detailed SEC disclosures by United States listed companies 
that operate in the Sudanese petroleum sector so investors can make 
informed decisions regarding divestment from these companies; fourth, 
dramatically increase civil and criminal penalties for violating 
American economic sanctions to create a true deterrent against 
transacting with barred Sudanese companies; fifth, require the 
administration to report on the effectiveness of the current sanctions 
regime and recommend other steps Congress could take to help end the 
crisis.
  I am proud to introduce this legislation with bipartisan support. I 
particularly thank the ranking member of the Financial Services and 
General Government Appropriations Subcommittee, my friend and colleague 
Senator Sam Brownback of Kansas, for all of his great work on this 
issue. I am pleased to be joined by all of the other original 
cosponsors as well: Senators Dodd, who also chairs the Banking 
Committee and is a great ally; Senators Klobuchar, Mikulski, Bill 
Nelson, Obama, and Wyden.
  I urge all my colleagues on both sides of the aisle to join this 
effort. As we move around our States and visit parts of the country, 
occasionally a person will come up after a meeting and say to me: 
Senator, what are you doing about Darfur? Didn't your country, America, 
declare a genocide? What are you doing?
  Frankly, aside from speeches on the floor and an occasional 
resolution, bills of very little consequence, there hasn't been much to 
point to. I hope my colleagues who face that same question and worry 
that the response is so inadequate will take a good look at this 
legislation. I hope they will join me in cosponsoring this effort. We 
should pass this measure, work with our House colleagues and do the 
same, send this bill to the President. The President said in April:

       You who have survived evil know that the only way to defeat 
     it is to look it in the face and not back down. It is evil 
     that we are now seeing in Sudan, and we're not going to back 
     down.

  The President went on to say:

       No one who sees these pictures can doubt that genocide is 
     the only word for what is happening in Darfur and that we 
     have a moral obligation to stop it.

  I completely agree with the President. It has been more than 2\1/2\ 
years since the President called what is taking place in Darfur, Sudan 
by its rightful name--genocide. Yet even as an estimated 200,000 to 
400,000 people have been killed, even as over 2 million men, women, and 
tiny children have been forced from their homes by violence and 
killing, even as the violence continues as we meet in the safety and 
comfort of this great Nation, America and the entire international 
community have not done enough to help. We must do more. This bill 
moves in the right direction. It gives our Government the tools and the 
encouragement to act and act quickly.
  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. 1563

       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 ``Sudan Disclosure and 
     Enforcement Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) On July 22, 2004, the Senate passed Senate Concurrent 
     Resolution 133, 108th Congress, and the House of 
     Representatives passed House Concurrent Resolution 467, 108th 
     Congress, both resolutions declaring that ``the atrocities 
     unfolding in Darfur, Sudan, are genocide''.
       (2) On September 9, 2004, President Bush declared that ``we 
     have concluded that genocide has taken place in Darfur''.
       (3) On June 30, 2005, President Bush affirmed that ``the 
     violence in Darfur region is clearly genocide [and t]he human 
     cost is beyond calculation''.
       (4) On May 8, 2006, President Bush reaffirmed, ``We will 
     call genocide by its rightful name, and we will stand up for 
     the innocent until the peace of Darfur is secured.''.
       (5) On November 20, 2006, the Presidential Special Envoy to 
     Sudan, Andrew S. Natsios, stated in a briefing to members of 
     the press, ``And there's a point--January 1st is either we 
     see a change or we go to Plan B.''.
       (6) On February 20, 2007, Special Envoy Natsios stated in 
     an interview with the Council on Foreign Relations, ``We 
     needed to send a message to the Sudanese government that we 
     were no longer simply going to continue with the situation 
     the way it's been the last four years, that there was a 
     change. We are considering more aggressive measures should we 
     make no progress in the humanitarian area, in the political 
     negotiations, and in the implementation of Kofi Annan and Ban 
     Ki-moon's plan to introduce . . . additional forces.''.
       (7) On April 18, 2007, President Bush stated, ``It is evil 
     we are now seeing in Sudan--and we're not going to back 
     down.''.
       (8) The Government of Sudan, as of the date of the 
     introduction of this Act, has announced its willingness to 
     accept 3,000 United Nations peacekeepers and their equipment, 
     but has continued to obstruct the full-scale joint United 
     Nations-African Union peacekeeping mission authorized

[[Page 15115]]

     under United Nations Security Council Resolution 1706 (2006) 
     and to prevent sufficient humanitarian access to meet the 
     urgent needs of the people of Darfur.
       (9) Congress supports the objectives of a ``Plan B'' as 
     outlined in the press and elsewhere to increase pressure on 
     the Government of Sudan to accept a greatly expanded 
     peacekeeping mission with a mandate to protect the people of 
     Darfur.

     SEC. 3. SENSE OF CONGRESS.

       It is the sense of Congress that the President should--
       (1) continue to work with other members of the 
     international community, including the Permanent Members of 
     the United Nations Security Council, the African Union, the 
     European Union, the Arab League, and the Government of Sudan 
     to facilitate the urgent deployment of a peacekeeping force 
     as called for by United Nations Security Council Resolution 
     1706 (2006); and
       (2) bring before the United Nations Security Council, and 
     call for a vote on, a resolution requiring meaningful 
     multilateral sanctions against the Government of Sudan in 
     response to its acts of genocide against the people of Darfur 
     and its continued refusal to allow the implementation of a 
     peacekeeping force as called for by Resolution 1706.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Foreign Affairs, and the Committee on Financial Services of 
     the House of Representatives.
       (2) Person.--The term ``person'' means an individual, 
     partnership, corporation, or other entity, including a 
     government or an agency of a government.
       (3) Sudan.--
       (A) Sudan.--The term ``Sudan'' means the Republic of Sudan 
     and any territory under the administration or control of the 
     Government of Sudan.
       (B) Southern sudan and designated areas.--The term 
     ``Southern Sudan and designated areas'' means Southern Sudan, 
     Southern Kordofan/Nuba Mountains State, Blue Nile State, 
     Abyei, or Darfur.

     SEC. 5. DISCLOSURE TO THE SEC OF ACTIVITIES RELATING TO THE 
                   PETROLEUM INDUSTRY IN SUDAN.

       Section 13 of the Securities Exchange Act of 1934 (15 
     U.S.C. 78m) is amended by adding at the end the following new 
     subsection:
       ``(m) Disclosure of Activities Relating to the Petroleum 
     Industry in Sudan.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of this subsection, the Securities and Exchange 
     Commission shall promulgate rules requiring any person 
     described in paragraph (2) to disclose to the Securities and 
     Exchange Commission--
       ``(A) activities described in paragraph (3) if such 
     activities result in gross receipts to or total investments 
     from such person of $1,000,000 or more a year; and
       ``(B) the geographic area within Sudan where such 
     activities occurred, and specifically if such activities took 
     place solely within Southern Sudan and designated areas.
       ``(2) Person described.--A person, as defined in paragraph 
     (6)(C), is described in this paragraph if the person--
       ``(A) is an issuer of securities registered under section 
     12; and
       ``(B) either--
       ``(i) engages in or facilitates activities described in 
     paragraph (3); or
       ``(ii) controls or is controlled by a person that engages 
     in or facilitates activities described in paragraph (3).
       ``(3) Activities described.--An activity described in this 
     paragraph is the exploration, development, extraction, 
     processing, exportation, or sale of petroleum products 
     produced in Sudan.
       ``(4) Waiver.--The President may waive the disclosure 
     requirements described in paragraph (1) for periods not to 
     exceed 1 year if the President--
       ``(A) determines that such a waiver is in the national 
     interest of the United States; and
       ``(B) not later than 7 days before granting the waiver, 
     reports to the appropriate congressional committees regarding 
     the intention of the President to waive the disclosure 
     requirements described in paragraph (1) and the reasons the 
     waiver is in the national interest of the United States.
       ``(5) Termination of disclosure requirements.--The 
     disclosure requirements described in paragraph (1) shall 
     terminate if the Secretary of State--
       ``(A) determines that the Government of Sudan no longer 
     provides support for acts of international terrorism for 
     purposes of--
       ``(i) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780);
       ``(ii) section 620A of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2371); and
       ``(iii) section 6(j) of the Export Administration Act of 
     1979 (50 U.S.C. App. 2405(j)), as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.); and
       ``(B) certifies to the appropriate congressional committees 
     that the Government of Sudan has demonstrated significant 
     improvement in protecting the civilian population of Darfur, 
     such as by allowing a substantial United Nations-African 
     Union peacekeeping mission with the mandate and means to 
     protect civilians and allow for the safe return of persons 
     displaced by the violence in Darfur.
       ``(6) Definitions.--In this subsection:
       ``(A) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committee on Appropriations, the Committee on 
     Foreign Relations, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate; and
       ``(ii) the Committee on Appropriations, the Committee on 
     Foreign Affairs, and the Committee on Financial Services of 
     the House of Representatives.
       ``(B) Control.--The term `control' means--
       ``(i) in the case of a corporation, to hold at least 50 
     percent (by vote or value) of the capital structure of the 
     corporation; and
       ``(ii) in the case of any other entity, to hold interests 
     representing at least 50 percent of the capital structure of 
     the entity.
       ``(C) Is controlled by.--The term `is controlled by' 
     means--
       ``(i) in the case of a corporation, to have at least 50 
     percent (by vote or value) of the capital structure of the 
     corporation held by another person; and
       ``(ii) in the case of any other entity, to have interests 
     representing at least 50 percent of the capital structure of 
     the entity held by another person.
       ``(D) Foreign person.--The term `foreign person' means a 
     person--
       ``(i) in the case of an individual, who is an alien; or
       ``(ii) in the case of a partnership, corporation, or other 
     entity, that is organized under the laws of a foreign country 
     or that has its principal place of business in a foreign 
     country.
       ``(E) Person.--
       ``(i) In general.--The term `person' means an individual, 
     partnership, corporation, or other entity, including a 
     government or an agency of a government.
       ``(ii) Exception.--The term `person' does not include--

       ``(I) any person engaging solely in transactions or 
     activities in Sudan that are authorized or exempted pursuant 
     to the Sudanese Sanctions Regulations (part 538 of title 31, 
     Code of Federal Regulations);
       ``(II) foreign nongovernmental organizations (except 
     agencies of the Government of Sudan) that--

       ``(aa) have consultative status with the United Nations 
     Economic and Social Council; or
       ``(bb) have been accredited by a department or specialized 
     agency of the United Nations; or

       ``(III) a foreign person whose business activities in Sudan 
     are strictly limited to providing goods and services that 
     are--

       ``(aa) intended to relieve human suffering;
       ``(bb) intended to promote welfare, health, religious, or 
     spiritual activities;
       ``(cc) used for educational or humanitarian purposes;
       ``(dd) used for journalistic activities; or
       ``(ee) used for such other purposes as the Secretary of 
     State may determine serve the foreign policy interests of the 
     United States.
       ``(F) Sudan.--
       ``(i) Sudan.--The term `Sudan' means the Republic of Sudan 
     and any territory under the administration or control of the 
     Government of Sudan.
       ``(ii) Southern sudan and designated areas.--The term 
     `Southern Sudan and designated areas' means Southern Sudan, 
     Southern Kordofan/Nuba Mountains State, Blue Nile State, 
     Abyei, or Darfur.''.

     SEC. 6. INCREASED PENALTIES FOR VIOLATIONS OF IEEPA.

       (a) In General.--Section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705) is amended to read as 
     follows:

     ``SEC. 206. PENALTIES.

       ``(a) Unlawful Acts.--It shall be unlawful for a person to 
     violate, attempt to violate, conspire to violate, or cause a 
     violation of any license, order, regulation, or prohibition 
     issued under this title.
       ``(b) Civil Penalty.--A civil penalty may be imposed on any 
     person who commits an unlawful act described in subsection 
     (a) in an amount not to exceed the greater of--
       ``(1) $250,000; or
       ``(2) an amount that is twice the amount of the transaction 
     that is the basis of the violation with respect to which the 
     penalty is imposed.
       ``(c) Criminal Penalty.--A person who willfully commits, 
     willfully attempts to commit, or willfully conspires to 
     commit, or aids or abets in the commission of, an unlawful 
     act described in subsection (a) shall, upon conviction, be 
     fined not more than $1,000,000, or if a natural person, may 
     be imprisoned for not more than 20 years, or both.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to violations described in section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     with respect to which enforcement action is pending or 
     commenced on or after the date of the enactment of this Act.

[[Page 15116]]



     SEC. 7. REPORT ON AND PUBLIC DISCLOSURE OF ACTIVITIES IN THE 
                   PETROLEUM INDUSTRY OF SUDAN.

       (a) Report on Activities Relating to the Petroleum Industry 
     of Sudan.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of State, the Secretary of 
     Energy, and the Director of National Intelligence, shall 
     prepare and submit to the appropriate congressional 
     committees a written report on the overall impact of economic 
     sanctions on the Government of Sudan and the crisis in 
     Darfur.
       (2) Contents of report.--The report required by paragraph 
     (1) shall include--
       (A) the name of persons identified by the Office of Foreign 
     Assets Control as specially designated nationals; and
       (B) the economic and political impact of sanctions on the 
     Government of Sudan.
       (3) Form of report.--The report shall be submitted in 
     unclassified form, but may contain a classified annex 
     relating to the assessment under paragraph (2)(B).
       (b) Briefing on Report.--Not later than 14 days after 
     submitting the report required by subsection (a), the 
     Secretary of the Treasury, the Secretary of State, the 
     Secretary of Energy, the Director of National Intelligence, 
     and representatives of the Securities and Exchange Commission 
     shall brief the appropriate congressional committees on the 
     contents of the report.
       (c) Disclosure on SEC Website.--
       (1) In general.--Not later than 14 days after promulgating 
     the rules required by section 13(m) of the Securities 
     Exchange Act of 1934, as added by section 5, the Securities 
     and Exchange Commission shall make available on its website, 
     in an easily accessible and searchable format, the 
     information collected pursuant to the disclosure requirements 
     of such section 13(m), including--
       (A) the names of persons that made disclosures under such 
     section 13(m);
       (B) the specific activities related to the petroleum 
     industry of Sudan in which such persons engaged; and
       (C) the geographic area within Sudan where such activities 
     occurred, and specifically if such activities took place 
     solely within Southern Sudan and designated areas.
       (2) Maintenance.--The Securities and Exchange Commission 
     shall maintain and update regularly the information on the 
     website of the Commission under paragraph (1).
       (d) Government Procurement Contracts.--
       (1) In general.--Not later than 45 days after the 
     submission of the report required by subsection (a), the 
     Administrator of General Services shall determine whether the 
     United States Government has in effect a contract for the 
     procurement of goods or services with any person identified 
     in the report required by subsection (a).
       (2) Report.--If the Administrator determines that the 
     United States Government has in effect a contract for the 
     procurement of goods or services with a person identified in 
     the report required by subsection (a), the Administrator 
     shall submit to the appropriate congressional committees a 
     report--
       (A) naming each person identified in the report required by 
     subsection (a);
       (B) the nature of the contract; and
       (C) the dollar amount of the contract.

     SEC. 8. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OFAC.

       (a) In General.--There are authorized to be appropriated 
     $2,000,000 to the Office of Foreign Assets Control for fiscal 
     year 2008, to support intelligence gathering, licensing, 
     compliance, and administrative activities associated with the 
     enforcement of sanctions against Sudan and persons operating 
     in Sudan.
       (b) Supplement Not Supplant.--Funds appropriated pursuant 
     to the authority of subsection (a) shall be used to 
     supplement and not supplant other amounts authorized to be 
     appropriated for the Office of Foreign Assets Control.

     SEC. 9. NOTIFICATION OF TERMINATION OF SANCTIONS.

       (a) In General.--Not later than 15 days after the date on 
     which any sanction described in subsection (b) is terminated, 
     the President shall publish in the Federal Register notice 
     that such sanction has been terminated.
       (b) Sanctions Described.--A sanction described in this 
     subsection is a sanction imposed pursuant to--
       (1) the Darfur Peace and Accountability Act of 2006 (Public 
     Law 109-344; 50 U.S.C. 1701 note);
       (2) the Comprehensive Peace in Sudan Act of 2004 (Public 
     Law 108-497; 50 U.S.C. 1701 note);
       (3) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701 
     note);
       (4) the International Emergency Economic Powers Act (50 
     U.S.C. 1701 et seq.);
       (5) chapter 5 of title 31, Code of Federal Regulations; or
       (6) any other provision of law, regulation, or executive 
     order relating to Sudan.

     SEC. 10. REPEAL.

       Section 6305 of the U.S. Troop Readiness, Veterans' Care, 
     Katrina Recovery, and Iraq Accountability Appropriations Act, 
     2007 (Public Law 110-28) is repealed.
                                 ______
                                 
      By Mr. BIDEN (for himself and Mr. Lugar):
  S. 1565. A bill to provide for the transfer of naval vessels to 
certain foreign recipients; to the Committee on Foreign Relations.
  Mr. BIDEN. Mr. President, today, Senator Lugar and I are introducing 
the Naval Vessel Transfer Act of 2007, a bill to permit the transfer of 
certain U.S. Navy vessels to particular foreign countries. All of the 
proposed ship transfer authorizations have been requested by the U.S. 
Navy, with the approval of the Office of Management and Budget.
  Pursuant to section 824(b) of the National Defense Authorization Act 
for Fiscal Year 1994, as amended, 10 U.S.C. 7307(a), a naval vessel 
that is in excess of 3,000 tons or that is less than 20 years of age 
may not be disposed of to another nation unless the disposition of that 
vessel is approved by law enacted after August 5, 1974. The bill we are 
introducing today would provide that required approval for eight 
transfers: two guided missile frigates and two minehunter coastal ships 
for Turkey; two minehunter coastal ships for Lithuania; and two 
minehunter coastal ships for Taiwan.
  The bill also contains provisions that are traditionally included in 
ship transfer bills, relating to transfer costs and repair and 
refurbishment of the ships, and exempting the value of a vessel 
transferred on a grant basis from the aggregate value of excess defense 
articles in a given fiscal year.
  The authority provided by this bill would expire 2 years after the 
date of enactment of the bill.
  Similar legislation was passed by the Senate last year, but was 
objected to in the House of Representatives because of concern 
regarding the proposal to transfer minehunter coastal ships. That issue 
was also raised by Members of the Senate Armed Services Committee, but 
members of that committee were persuaded by the Executive branch that 
the transfers would not degrade U.S. Navy capabilities. We invite 
interested colleagues to let us know if there is any residual concern 
among Members of the Senate, so that we can arrange for the Executive 
branch to brief members and determine if there is any objection to 
expeditious passage of this bill.
  Finally, the Department of Defense has provided the following 
information on this bill:

       This bill would authorize the President to grant transfer 
     five excess naval vessels to Turkey and Lithuania and to sell 
     three excess naval vessels to Taiwan and Turkey.
       These proposed transfers would improve the United States' 
     political and military relationships with close allies. They 
     would support strategic engagement goals and regional 
     security cooperation objectives. Active use of former naval 
     vessels by coalition forces in support of regional priorities 
     is more advantageous than retaining vessels in the Navy's 
     inactive fleet and disposing of them by scrapping or another 
     method.
       The United States would incur no costs in transferring 
     these naval vessels. The recipients would be responsible for 
     all costs associated with the transfers, including 
     maintenance, repairs, training, and fleet turnover costs.
       This bill does not alter the effect of the Toxic Substances 
     Control Act, or any other law, with regard to their 
     applicability to the transfer of ships by the United States 
     to foreign countries for military or humanitarian use. The 
     laws and regulations that apply today would apply in the same 
     manner if this bill were enacted.
       The Department of Defense estimates that the sale of these 
     vessels may net the United States $52.7 million in fiscal 
     year 2008.

  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no ojection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1565

       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 ``Naval Vessel Transfer Act of 
     2007''.

     SEC. 2. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN 
                   RECIPIENTS.

       (a) Transfers by Grant.--The President is authorized to 
     transfer vessels to foreign recipients on a grant basis under 
     section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321j), as follows:
       (1) Turkey.--To the Government of Turkey--

[[Page 15117]]

       (A) the OLIVER HAZARD PERRY class guided missile frigates 
     GEORGE PHILIP (FFG-12) and SIDES (FFG-14); and
       (B) the OSPREY class minehunter coastal ship BLACKHAWK 
     (MHC-58).
       (2) Lithuania.--To the Government of Lithuania, the OSPREY 
     class minehunter coastal ships CORMORANT (MHC-57) and 
     KINGFISHER (MHC-56).
       (b) Transfers by Sale.--The President is authorized to 
     transfer vessels to foreign recipients on a sale basis under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761), 
     as follows:
       (1) Taiwan.--To the Taipei Economic and Cultural 
     Representative Office of the United States (which is the 
     Taiwan instrumentality designated pursuant to section 10(a) 
     of the Taiwan Relations Act (22 U.S.C. 3309(a))), the OSPREY 
     class minehunter coastal ships ORIOLE (MHC-55) and FALCON 
     (MHC-59).
       (2) Turkey.--To the Government of Turkey, the OSPREY class 
     minehunter coastal ship SHRIKE (MHC-62).
       (c) Grants Not Counted in Annual Total of Transferred 
     Excess Defense Articles.--The value of a vessel transferred 
     to a recipient on a grant basis pursuant to authority 
     provided by subsection (a) or (c) shall not be counted 
     against the aggregate value of excess defense articles 
     transferred in any fiscal year under section 516 of the 
     Foreign Assistance Act of 1961.
       (d) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient.
       (e) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed before the vessel joins the naval forces of the 
     recipient performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (f) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 2-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 1569. A bill to establish a pilot program on the provision of 
legal services to assist veterans and members of the Armed Forces 
receive health care, benefits and services, and for other purposes; to 
the Committee on Veterans' Affairs.
  Mr. FEINGOLD. Mr. President, today I am introducing the Veterans 
Advocacy Act of 2007. This bill would create a grant program for 
organizations providing pro bono legal representation to servicemembers 
and veterans to ensure that they receive the health care and benefits 
to which they are entitled.
  The men and women of the Armed Services have served this Nation 
honorably and deserve the best health care and benefits available. 
However, as recent revelations about the extent of bureaucratic delays 
at the Walter Reed Army Medical Center demonstrate, these brave 
individuals face a series of hurdles as they navigate the health care 
and disability compensation processes. Many of them are forced to turn 
to their representatives in Congress for help cutting through the red 
tape. I have heard from many military personnel and veterans who are 
frustrated with the system or unaware of Federal health care and other 
benefits for which they may be eligible. I regret that the system too 
often makes the burden of proving that a condition is related to 
military service nearly insurmountable. Our men and women in uniform 
deserve the benefit of the doubt, and should not have to fight the 
Department of Defense or the Department of Veterans Affairs for 
benefits that they have earned through their service to our Nation.
  Numerous reports have detailed the range of administrative and legal 
hurdles injured servicemembers will face when they return home. Service 
members returning with unprecedented rates of post traumatic stress 
disorder, PTSD, and traumatic brain injury, TBI, will struggle to get 
the medical records they need to file benefits claims. Those with 
severe TBI that does not show up on brain scans will have an even 
harder time establishing that they need compensation. Those with 
profound TBI may be prematurely relegated to care in a nursing home 
when, with proper assistance, they may be fully capable of living 
independent lives in the community. The Government Accountability 
Office reported that over 75 percent of servicemembers who screen 
positive for PTSD will not be referred to a mental health professional. 
Members of the Guard and Reserves face additional hurdles to gain 
access to military doctors. This is unacceptable.
  I commend my colleagues for their support of increased funding for 
the military and veterans' health care systems in the 2007 emergency 
supplemental. However, I am concerned that unless veterans have 
independent advocates to ensure that they are receiving top notch care 
and that they are aware of the benefits to which they are entitled, 
these additional funds may be mismanaged. Last November, the Government 
Accountability Office reported that for the last two years the 
Department of Veterans Affairs has not expended all the funds allocated 
for mental health initiatives. My bill would ensure that service 
members and veterans who have trouble accessing the care to which they 
are entitled will have an advocate outside the chain of command who can 
negotiate with the Departments to ensure proper care.
  In addition to helping ensure that service members and veterans 
receive top notch care, my bill would help service members and veterans 
overcome legal barriers to obtaining benefits. During the Veterans' 
Affairs Committee's hearing on benefits legislation, Meredith Beck of 
the Wounded Warrior Project summarized the problem as follows: ``In 
many of the cases we have seen, the creation of new benefits wasn't 
needed to aid the service member, rather, the wounded warrior just 
needed to have the existing benefits systems better explained and 
untangled in order to understand what was available to them.''
  Fortunately, service members and veterans benefit from the services 
of a nationwide system of veterans and military service organizations. 
However, the system is simply overwhelmed. It will be further inundated 
when the over 170,000 servicemembers deployed in Iraq and Afghanistan 
return home. I want to be clear that the purpose of this legislation is 
to supplement the existing network of advocates to ease the caseload of 
overburdened service officers and allow them to spend more time per 
case helping veterans and service members.
  Congress has a responsibility to simplify the system and ensure that 
it gives service members and veterans the benefit of the doubt when 
they seek assistance for service-connected disabilities. It is my hope 
that the majority of veterans will not need legal representation. But 
the reality is that many veterans face unnecessary delays and appeals 
of legitimate compensation claims that could be avoided if there were 
enough advocates to ensure that every veteran's case is carefully 
developed from the beginning. Several judges of the Court of Appeals 
for Veterans Claims have described the importance of ensuring that 
veterans have legal representation throughout the claim process. Judge 
Holdaway summarized the need as follows:

       If you get lawyers involved at the beginning, you can focus 
     in on what is this case about. I think you would get better 
     records, you would narrow the issue, there would be screening 
     . . . I think if we had lawyers involved at the beginning of 
     these cases, it would be the single most fundamental change 
     for the better that this system could have.

  While the need for legal representation in complicated cases is 
clear, I do not believe that veterans should have to pay for legal 
representation just to get the benefits they earned through their 
service. I have been troubled when I have heard that service members 
are seeking expensive legal assistance to help them overcome daunting 
administrative and legal hurdles. Fortunately, there are legal service 
organizations and attorneys who are willing to provide assistance to 
these service members and veterans free of charge. The purpose of this 
bill is to help these organizations get the training they need to help 
veterans and service members.
  The bill would establish a pilot program of one-year grants to 
organizations that have experience serving veterans or persons with 
disabilities. The Veterans Administration will be charged with 
appointing a committee to disburse the grants. The committee

[[Page 15118]]

shall be composed of veterans and military service officers, veterans 
and disability legal service attorneys, and representatives of the 
Department of Veterans Affairs employees and the Department of Defense. 
The Secretary of Veterans Affairs will be required to submit a report 
to Congress on the number of individuals served and the kinds of 
assistance they received as a result of the pilot program.
  In order to avoid adding to our country's sizable debt, the $1 
million cost of this program is taken from the $3 billion appropriated 
to the defense health program by the 2008 supplemental spending bill. 
The grant program will help ensure that these funds are spent wisely.
  Veterans and military service organizations that currently employ 
attorneys will be eligible to receive the grants either to provide 
legal services at no charge or to provide training to other pro bono 
attorneys. The bill will also help servicemembers and veterans access 
the services of the federally funded and mandated protection and 
advocacy system for persons with disabilities. This system has lawyers 
in every state who are trained to help people with disabilities obtain 
the benefits, health care and services they need to live independent 
lives. These attorneys are uniquely qualified to, for example, ensure 
that veterans with PTSD are properly diagnosed and treated and to 
prevent those with TBI from being placed in nursing homes when they are 
capable of living in the community. Many veterans have been seeking out 
their assistance but the system is currently overwhelmed. I have 
included a description of the assistance that the protection and 
advocacy systems have been providing veterans. This bill would help 
foster collaboration between lawyers with expertise in veterans' law 
and those with expertise in disability law.
  I commend my colleagues who have offered bills to increase funding 
for the care of service members and veterans, to expand necessary 
benefits and to ensure that our military and veterans health care 
systems offer the best care available. In order to ensure that service 
members and veterans are able to capitalize on these important reforms, 
they need independent advocates who can help them cut through the red 
tape. My bill would help expand the cadre of experienced advocates who 
will do just that. The bill has been endorsed by the National 
Organization of Veterans Advocates, the Vietnam Veterans of America and 
the Protection and Advocacy System's National Disability Rights 
Network.
  I ask unanimous consent that the text of the bill and supporting 
material be printed in the Record.
  There being no objection, material was ordered to be printed in the 
Record, as follows:

                                S. 1569

       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 ``Veterans Advocacy Act of 
     2007''.

     SEC. 2. PILOT PROGRAM ON PROVISION OF LEGAL ASSISTANCE TO 
                   ASSIST VETERANS AND MEMBERS OF THE ARMED FORCES 
                   RECEIVE HEALTH CARE, BENEFITS, AND SERVICES.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out a pilot program to assess the feasibility and 
     advisability of utilizing eligible entities to provide legal 
     services to assist veterans and members of the Armed Forces 
     in applying for and receiving health care, benefits, and 
     services.
       (2) Consultation.--The Secretary of Veterans Affairs shall 
     carry out the pilot program in consultation with the 
     Secretary of Defense.
       (b) Grants.--
       (1) In general.--The Secretary of Veterans Affairs shall 
     carry out the pilot program through the award of grants to 
     eligible entities selected by the panel established in 
     accordance with subsection (d)(1) for--
       (A) the provision of legal services at no cost to members 
     of the Armed Forces and veterans as described in subsection 
     (a)(1); or
       (B) the provision of legal training to attorneys of 
     eligible entities on the health and benefits programs of the 
     Department of Defense and the Department of Veterans Affairs 
     to facilitate the provision of legal services described in 
     subsection (a)(1).
       (2) Awarding grants.--Grants under this subsection shall be 
     awarded to eligible entities selected pursuant to subsection 
     (d) not later than 180 days after the date of the enactment 
     of this Act.
       (3) Number of grants.--
       (A) In general.--The Secretary shall award 10 grants under 
     the pilot program.
       (B) State-designated protection and advocacy systems.--Not 
     less than five of the grants awarded under the pilot program 
     shall be awarded to State-designated protection and advocacy 
     systems.
       (4) Grant amount.--The amount of each grant awarded under 
     the pilot program shall be determined by the selection panel 
     described in subsection (d)(1), except that each such grant 
     may not be awarded in an amount that--
       (A) exceeds $100,000; or
       (B) is less than $25,000.
       (5) Duration.--The duration of any grant awarded under the 
     pilot program may not exceed one year.
       (6) Avoidance of frivolous benefit claims.--An eligible 
     entity that receives a grant under this subsection shall make 
     reasonable efforts to avoid representing veterans and members 
     of the Armed Forces with respect to frivolous benefits 
     claims.
       (c) Eligible Entities.--For purposes of this subsection, an 
     eligible entity is any entity or organization, including a 
     State-designated protection and advocacy systems, that--
       (1) is not part of the Department of Veterans Affairs or 
     the Department of Defense; and
       (2) provides legal services by licensed attorneys with 
     experience assisting veterans, members of the Armed Forces, 
     or persons with disabilities.
       (d) Selection of Grant Recipients.--
       (1) Selection by panel.--
       (A) In general.--Each application submitted under paragraph 
     (2) shall be evaluated by a panel appointed by the Secretary 
     for purposes of the pilot program. The panel shall select 
     eligible entities for receipt of grants under subsection (b) 
     from among the applications so evaluated.
       (B) Membership of panel.--Members of the panel shall be 
     appointed in equal numbers from among individuals as follows:
       (i) Officers and employees of the Department of Veterans 
     Affairs.
       (ii) With the approval of the Secretary of Defense, 
     officers and employees of the Department of Defense.
       (iii) Representatives of veterans service organizations.
       (iv) Representatives of organizations that provide services 
     to members of the Armed Forces.
       (v) Attorneys that represent veterans.
       (vi) Attorneys employed by a State-designated protection 
     and advocacy system.
       (2) Application.--An eligible entity seeking a grant under 
     the pilot program shall submit to the Secretary of Veterans 
     Affairs an application therefor in such form and in such 
     manner as the Secretary considers appropriate.
       (3) Elements.--Each application submitted under paragraph 
     (2) shall include the following:
       (A) In the case of an eligible entity applying for a grant 
     under subsection (b)(1)(A), the following:
       (i) A description of the population of members of the Armed 
     Forces and veterans to be provided assistance.
       (ii) A description of the outreach to be conducted by the 
     eligible entity concerned to notify members of the Armed 
     Forces and veterans of the availability of such assistance.
       (B) In the case of an eligible entity applying for a grant 
     under subsection (b)(1)(B), the following:
       (i) A description of the population of attorneys to be 
     provided training.
       (ii) A description of the outreach to be conducted by the 
     eligible entity concerned to notify attorneys of the 
     availability of such training.
       (C) In the case of an eligible entity applying for a grant 
     under subparagraphs (A) and (B) of subsection (b)(1), the 
     elements described in subparagraphs (A) and (B) of this 
     paragraph.
       (e) Report.--Not later than one year after the date 
     described in subsection (b)(2), the Secretary of Veterans 
     Affairs shall submit to the Committee on Veterans' Affairs of 
     the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on the pilot program 
     required by subsection (a), including the following:
       (1) The number of veterans and members of the Armed Forces 
     that received assistance or services from such pilot program.
       (2) A description of the assistance and services provided 
     as part of such pilot program.
       (f) Definitions.--In this section:
       (1) State-designated protection and advocacy system.--The 
     term ``State-designated protection and advocacy system'' 
     means a system established in a State to protect the legal 
     and human rights of individuals with developmental 
     disabilities in accordance with subtitle C of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.).
       (2) Veterans service organization.--The term ``veterans 
     service organization'' means any organization organized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.

[[Page 15119]]

       (g) Funding.--Of amounts appropriated for ``Defense Health 
     Program'' in the U.S. Troop Readiness, Veterans' Care, 
     Katrina Recovery, and Iraq Accountability Appropriations Act, 
     2007 (Public Law 110-28), $1,000,000 shall be available for 
     fiscal year 2008 to carry out the provisions of this section 
     and not for the purposes for which appropriated by such Act. 
     Any amount made available by this subsection shall remain 
     available without fiscal year limitation.
                                  ____


Examples of the Protection and Advocacy (P&A) System's Interaction with 
                                Veterans


                                 alaska

       The Alaska P&A has been visiting the VA Domiciliary, a 50-
     bed domiciliary residential rehabilitation treatment program 
     for homeless veterans, to provide information on their 
     services and has begun to provide advocacy and services to a 
     number of veterans with disabilities. They have been 
     averaging 15-20 appointments at the facility a month. The 
     advocacy assistance the Alaska P&A provided has encompassed 
     activities directed at obtaining and/or maintaining housing, 
     securing government benefits, SSI, Medicaid, and working with 
     individuals seeking employment accommodations.
       The Alaska P&A has also developed and disseminated a 
     resource guide about educational supports for people with 
     Traumatic Brain Injury, TBI.


                                arizona

       The Arizona P&A has partnered with a case manager in a 
     veterans group to work with returning veterans with 
     disabilities and help them obtain the services and benefits 
     they deserve. The Arizona P&A has worked to ensure voting 
     access for veterans with disabilities in Arizona.
       The Arizona P&A also cosponsored a day-long conference in 
     collaboration with the Governor's Council on Spinal Cord and 
     Head Injuries on TBI to provide information on benefits and 
     services individuals, including veterans, who have suffered a 
     TBI are eligible to receive.


                               california

       A peer/self advocacy coordinator in the San Diego P&A 
     office holds weekly training and information sessions with 
     veterans. One of the sessions occurs at the P&A's office 
     while the other takes place at the VA facility.
       The California P&A represented residents of a veteran's 
     hospital who had been denied access to voter registration 
     services. The issue arose after it was learned that a VA 
     Medical Center was refusing to allow advocates for people 
     with disabilities to conduct voter registration on the 
     campus. In addition, some residents were not being permitted 
     to register, regardless of their competence. Ultimately, the 
     VA reversed its position and allowed voter registration on 
     the medical campus.


                                colorado

       The Colorado P&A is coordinating with an Army caseworker to 
     help veterans with disabilities make the transition back into 
     the community. They also offered voter registration at the 
     Denver Veterans Affairs Medical Center to help ensure 
     returning veterans maintain their right to vote.


                                georgia

       The Georgia P&A has been working with veterans with 
     disabilities who are encountering problems returning to work. 
     They have also reached out to the people running a program 
     demonstrating how veterans with poly-trauma, TBI, Post 
     Traumatic Stress Disorder, PTSD, and other mental health 
     issues can return to work and how the P&A system could be a 
     great resource for these veterans.


                                 hawaii

       The Hawaii P&A has been a featured speaker at the military 
     families Children's Community Council on Oahu and continues 
     to assist an ever growing number of military families who 
     have children with special education needs. The Hawaii P&A 
     has also done outreach to a wide group of military service 
     programs on the island regarding benefits and services they 
     can provide to veterans who have suffered a TBI. They have 
     also formed a collaboration with the Christopher Reeves 
     Foundation to help with the Foundation's work with returning 
     veterans from Iraq that have been diagnosed with a TBI.


                                illinois

       The Illinois P&A has provided training and information to 
     VA staff and also met with VA hospital social workers and 
     administrative staff to provide training and information to 
     help veterans with disabilities make the transition from VA 
     care to the community.
       The Illinois P&A has also helped a veteran who was in a 
     Veteran's Home integrate into the community following a 
     stroke. The Illinois P&A worked in conjunction with the local 
     center for independent living to assist the client in finding 
     his own apartment and getting a personal care attendant to 
     address his support needs.


                                  iowa

       The Iowa P&A has received a number of individual contacts 
     from veterans in Iowa's VA Hospitals seeking help accessing 
     veterans' benefits and services as well as community 
     programs. Their staff has encountered a variety of challenges 
     while attempting to meet directly with a client in a VA 
     hospital.
       The Iowa P&A also worked with an individual who had 
     concerns that if he returned to work that he would lose his 
     Social Security benefits. The Protection and Advocacy for 
     Beneficiaries of Social Security, PABSS, advocate explained 
     that he had options available without immeadiately losing his 
     benefits and he was eventually able to reenter the workforce 
     in a situation he was comfortable with.


                                 kansas

       The Kansas P&A has been providing information and training 
     to the staff and veterans at the Kansas VA facilities and is 
     working on outreach to the Kansas veterans groups to provide 
     information and assistance to help veterans with disabilities 
     make the transition back to the community.
       The Kansas P&A also worked to help a veteran successfully 
     move from a VA nursing facility back into the community. 
     Additionally, they are helping a veteran who was authorized 
     by the VA to have a surgery at a university medical center. 
     He suffered complications from the surgery which required 
     additional hospitalization and the P&A is working to get the 
     VA to pay for the followup treatments related to the 
     complications.


                                kentucky

       The Kentucky P&A has done outreach to the Kentucky Veterans 
     Affairs Office, the Joint Executive Council of Veterans, as 
     well as to all the state's Veterans Centers, and all the 
     state chapters of the Disabled American Veterans.


                               louisiana

       The Louisiana P&A helped a client successfully appeal a 
     denial from the VA to pay a private hospital for in-patient 
     mental health treatment. They then had to represent the same 
     client when the hospital tried to collect the remaining 
     balance. The Louisiana P&A was able to show that the hospital 
     is barred from collecting additional funds from a patient 
     whose care was paid for under a VA contract. With the help of 
     the Louisiana P&A, the veteran was able to receive 
     appropriate mental health services and afforded protection 
     from the hospital's illegal collection efforts.


                                 maine

       The Maine P&A has had meetings with the Director of the 
     State VA Services in order to identify benefits and services 
     available to veterans with disabilities and their families 
     after the veteran is discharged from the VA. They have also 
     provided trainings and information to National Guard units in 
     the State about the resources that are available for veterans 
     with disabilities.


                             massachusetts

       The Massachusetts P&A had a case of a former marine 
     sergeant who had suffered partial hemiparesis and a TBI. This 
     affected his ability to speak and forced him to communicate 
     with gestures and a special set of picture cards. This type 
     of communication created problems and misunderstanding at his 
     job, and his eventual termination. The Massachusetts P&A was 
     able to work with his employer to find him another job within 
     the company.


                                michigan

       The Michigan P&A has been working on a variety of issues 
     involving veterans, including access to polling facilities 
     and voting booths, public transportation systems, and 
     community projects. They also worked to address community 
     reintegration issues faced by a veteran in a VA facility far 
     from his home when he became eligible for discharge. The 
     P&A's work allowed the veteran to return to his home 
     community.


                               Minnesota

       The Minnesota P&A has held trainings with the National 
     Alliance on Mental Illness, NAMI, at VA hospitals in the 
     State concerning benefits and services for veterans with 
     disabilities. They have also been contacted by some veterans 
     with disabilities to help get the benefits and services they 
     require. For example, the Minnesota P&A assisted a veteran 
     with a TBI move from a State hospital back to her home with 
     needed community supports.


                                Missouri

       The Missouri P&A worked with a man who had spent much of 
     his adult life in the military, but was discharged after 
     suffering a TBI. This veteran needed help obtaining services 
     in order to build a new career. The Missouri P&A helped him 
     identify affordable, accessible housing and arranged 
     accommodations from the school, VA and vocational 
     rehabilitation as he embarks on training for his new career.


                                Montana

       The Montana P&A had a veteran with a TBI who needed 
     assistance getting the schools he was attending for his 
     degree to better coordinate the Montana Vocational 
     Rehabilitation and VA benefits he was receiving in order to 
     afford his education. The Montana P&A was able to work out an 
     agreement so that the institutions accepted payments from 
     both sources so the veteran did not have any out-of-pocket 
     cost for his tuition.


                                Nebraska

       The Nebraska P&A has initiated contact with the County 
     Veteran Service Officers

[[Page 15120]]

     group in Nebraska and the local VFW and American Legion 
     representatives. They recently made a presentation at the 
     County Veteran Service Officers group's annual meeting about 
     the P&A system. Their goal is to not supplant their work 
     assisting veterans within the VA system but to be a resource 
     for veterans with disabilities who are returning to their 
     communities and their families.


                                 Nevada

       The Nevada P&A has been providing information and training 
     to veterans family support groups and an organization working 
     with homeless veterans on the services and benefits available 
     for veterans with disabilities.


                             New Hampshire

       The New Hampshire P&A has attempted to carry out the 
     external advocacy activities as set forth in the VA handbook, 
     but so far has been unable to do so because of resistance of 
     the VA staff.


                               New Jersey

       The New Jersey P&A has been working with two veterans on 
     employment related issues. One is an employment 
     discrimination complaint, and the other one is a complaint 
     against the Division of Vocational Rehabilitative Services 
     within the New Jersey Department of Labor for services 
     needed. The New Jersey P&A has also been holding trainings 
     and providing information to VA hospitals in the State as 
     well as family support groups and the National Guard.


                                New York

       The New York P&A has been working with the New York State 
     Department of Health to identify and address the needs of 
     veterans returning from Iraq and Afghanistan who have brain 
     injuries and their families. They have also been working to 
     create a primary advisory board comprised of veterans groups 
     and health groups to help address the needs of veterans with 
     disabilities. Finally, the New York P&A has taken calls and 
     emails from veterans and their families to provide them 
     assistance through every P&A program.
       For example, the New York P&A represented a veteran in a 
     disability claim on referral from the Clinton County Veteran 
     Services office. Among other things, this veteran had 
     cognitive problems caused by a buildup of fluid on his brain. 
     Through the New York P&A's work, his claim was allowed after 
     a hearing.


                              North Dakota

       The North Dakota P&A has worked with the North Dakota 
     Legislature on state legislation to help veterans with 
     disabilities, and has held a Statewide training session to 
     learn more about the VA system as well as provide information 
     on community services available to returning veterans with 
     disabilities.


                           Northern Marianas

       The Northern Marianas P&A has been working closely with the 
     Office of Military Liaison on training and technical 
     assistance to help address the needs of returning veterans 
     with disabilities.


                                  Ohio

       The Ohio P&A represented a 44-year-old veteran who, while 
     in treatment for mental illness, was threatened with eviction 
     by his HUD-subsidized landlord. Compounding the problem, the 
     VA withdrew the client's community services funding for a 
     home health aide, which the client required. The Ohio P&A 
     worked with the client's HUD landlord, multiple provider 
     agencies, the VA community services nurse, VA case workers, 
     the VA ombudsman, the VA psychologist, and the VA attorney 
     regarding client's service needs and his legal rights related 
     to his disability. Ultimately, the client's landlord agreed 
     to withdraw eviction threat and the VA restored funding for a 
     home health aide.


                              pennsylvania

       The Pennsylvania Protection and Advocacy system organized a 
     Brain Injury Awareness Day at the Lebanon and Coatesville 
     Veterans Administration Medical Centers for staff and 
     veterans. Following the success of this event, the 
     Pennsylvania P&A was invited back for a day of in-service 
     staff training and technical assistance at the Lebanon 
     facility.
       At that time, the Pennsylvania P&A hopes to meet the 
     veterans and see who would like advocacy assistance. They 
     feel this is especially needed because VA staff and the 
     veterans need to be connected with and aware of the 
     community-based services they can access and use.
       The Pennsylvania P&A has also successfully worked for a 
     veteran who had suffered a service-connected brain injury 
     which left him unable to walk or perform activities of daily 
     living on his own. The VA ratings board contested that he is 
     100 percent disabled, and refused to offer special 
     compensation. The Pennsylvania P&A helped the veteran obtain 
     the necessary documentation to connect the brain injury to 
     his physical disabilities so that special compensation could 
     be provided.


                              rhode island

       The Rhode Island P&A has formed an internal veterans' 
     outreach work group which has met with individual veterans 
     organizations in the State and has participated in the 
     State's ``Veterans Task Force of Rhode Island'', providing 
     information and training on the benefits and services 
     available to veterans with disabilities.


                             south carolina

       The South Carolina P&A has provided training and technical 
     assistance to administrative staff at the Richard M. Campbell 
     Veterans Nursing Home in Anderson, SC. The training focused 
     on the legal rights of people with disabilities, including 
     veterans.


                              south dakota

       The South Dakota P&A has been establishing contact with VA 
     medical centers, outpatient clinics, and a VA sponsored 
     support group for veterans to provide information about 
     available resources. They also participate in the Veterans' 
     Services Officers' Congressional Forum. The South Dakota P&A 
     shares the same concern that the Pennsylvania P&A has that 
     beyond its health care services the VA does not provide a lot 
     of community-based services other than vocational. As a 
     result, they have been working with the patient advocate at 
     the VA hospital to help veterans with disabilities make the 
     transition into long-term care and housing following 
     discharge from the VA hospital.


                                 texas

       The Texas P&A has been working on several cases for 
     veterans with disabilities to access VA services. One of the 
     cases was a veteran living in a State hospital that had her 
     lump-sum VA benefits unlawfully taken by the hospital without 
     her knowledge or consent and applied retroactively to pay for 
     her support, maintenance, and treatment while she was at the 
     state hospital. The Texas P&A was able to recover these funds 
     and arrange for a new representative payee for the client.


                                  utah

       The Utah P&A has been providing training and information at 
     the VA facilities in Utah on the resources, services, and 
     benefits that exist for veterans that have suffered a TBI.


                                vermont

       The Vermont P&A has held trainings at the White River 
     Junction VA facility for staff and veterans. They are also in 
     the midst of presenting veterans, National Guard, and family 
     groups information about TBI resources at four sites around 
     the State. They have also collaborated with personnel at the 
     VA to support a project to identify veterans who are inmates 
     who might qualify for benefits upon release.
       They have also recently been contacted about three issues 
     they are pursuing on behalf of veterans with disabilities. 
     One is a veteran in the psychiatric unit at Rutland Regional 
     Medical Center who had been turned down for VA care. Another 
     case is a veteran at the VA who had concerns about his 
     medications. The third case is a woman veteran from the 
     Northeast Kingdom who has a mental health issue, referred 
     from the Mental Health unit at the VA.


                                virginia

       The Virginia P&A, to the extent they are being allowed to, 
     are providing education and advocacy services at Virginia's 
     VA facilities.


                               washington

       The Washington Protection & Advocacy System has 
     investigated allegations of abuse and neglect at a veterans' 
     inpatient mental health facility, advocated for veterans with 
     Post-Traumatic Stress Disorder to maintain vital mental 
     health services, and assisted veterans seeking access to 
     outpatient VA mental health services. They have also 
     advocated for veterans regarding assistive technology and 
     Tricare coverage. In addition, they have provided information 
     and referrals to veterans on issues of housing, access to 
     medical care, employment, guardianship, and the VA appeal and 
     grievance procedures.
       One of those cases was a veteran who received physical and 
     mental health services from the VA but wanted to be able to 
     choose who his mental health provider would be. He was 
     initially told that if he changed mental health providers, he 
     would lose his other healthcare services. The Washington P&A 
     provided the veteran with self-advocacy strategies about how 
     to request his preferred service, how to go through the chain 
     of command, and how to utilize his supporters. Ultimately, 
     the veteran was allowed to change his mental health provider 
     without threatening his other healthcare services.
       In 2005, the Washington P&A system created a project to 
     conduct outreach to underserved veterans with disabilities. 
     This project focused on issues of access to benefits and 
     assistance, housing, employment, and assistive technology 
     issues. They have also attended a variety of assistance fairs 
     conducted by the Washington State Department of Veterans 
     Affairs and worked with a number of veterans' service 
     organizations and the VA on staff training sessions and 
     outreach to veterans with disabilities.


                               wisconsin

       The Wisconsin P&A has provided training and information to 
     the State Veterans Administration, as well as veterans with 
     disabilities. These trainings address the barriers veterans 
     with disabilities, who also receive Social Security benefits, 
     face, as well as suggest possible solutions.


                                wyoming

       The Wyoming P&A has been working with the National Guard 
     State Family Assistance

[[Page 15121]]

     Center to address the needs of returning National Guard 
     members with disabilities. They also attend the Inter-Service 
     Family Assistance Committee meeting where they gave 
     presentation on P&A services and distributed information 
     packets. The Wyoming P&A has also been helping military 
     families at bases located in Wyoming with matters related to 
     special education.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Bingaman, Mr. Hagel, and Mr. 
        Nelson of Nebraska):
  S. 1571. A bill to reform the essential air service program, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Ms. SNOWE. Mr. President, I rise today to join my colleagues, 
Senators Bingaman, Hagel, and Nelson of Nebraska to introduce the 
bipartisan Rural Aviation Improvement Act. I am proud to join my 
colleagues, each one a steadfast and resolute guardian of commercial 
aviation service to all communities, particularly rural areas that 
would otherwise be deprived of any air service.
  I have always believed that reliable air service in our Nation's 
rural areas is not simply a luxury or a convenience. It is an 
imperative. All of us who come from rural States know how critical 
aviation is to economic development, vital to move people and goods to 
and from areas that may otherwise have dramatically limited 
transportation options. Quite frankly, I have long held serious 
concerns about the impact deregulation of the airline industry has had 
on small and medium size cities in rural areas, like Maine. That fact 
is, since deregulation, many small and medium-size communities, in 
Maine and elsewhere, have experienced a decrease in flights and size of 
aircraft while seeing an increase in fares. More than 300 have lost air 
service altogether.
  This legislation will serve to improve the Essential Air Service 
program. Additional resources will augment the resources available to 
the program, reducing the impact on the general fund while providing 
small communities with a greater degree of certainty when planning 
future improvements to their airports. The bill also gives those same 
communities a greater role in retaining and determining the sort of air 
service which they receive.
  Increasingly, the Essential Air Service program has been plagued with 
a decline in the number of airlines willing to provide this critical 
link to the national transportation network. A few ``bad actors'' have 
jeopardized commercial aviation for entire regions by submitting low-
ball contracts to the Department of Transportation and then reneging on 
their commitment to the extent and quality of their service. Our bill 
will not only establish a system of minimum requirements for contracts 
to protect these small cities that rely on EAS, but it will also extend 
those contracts to 4 years from the current 2. This gives a heightened 
degree of stability in terms of air service, rather than having 
communities negotiating new contracts or receiving service from 
entirely new carriers every 18 months.
  In closing, the truth is, everyone benefits when our Nation is at its 
strongest economically. Most importantly in this case, greater 
prosperity everywhere, including in rural America, will, in the long 
run, mean more passengers for the airlines. Therefore, it is very much 
in our national interests to ensure that every region has reasonable 
access to air service. That is why I strongly believe the Federal 
Government has an obligation to fulfill the commitment it made to these 
communities in 1978; to safeguard their ability to continue commercial 
air service.
  Mr. BINGAMAN. Mr. President, I wish today to join with my colleague, 
Senator Snowe to introduce the bipartisan Rural Aviation Improvement 
Act. Senator Snowe has been a longtime champion of commercial air 
service in rural areas, and I applaud her continued leadership on this 
important legislation.
  One of the goals of our bill is to preserve and improve the Essential 
Air Service Program. Congress established the Essential Air Service 
Program in 1978 to ensure that communities that had commercial air 
service before airline deregulation would continue to receive scheduled 
service. The Essential Air Service Program currently ensures commercial 
air service to over 100 communities in 35 States. EAS supports an 
additional 39 communities in Alaska. Without EAS, many rural 
communities would have no commercial air service at all. I believe our 
bill makes a number of important improvements to EAS to ensure rural 
communities continue to have the commercial air service that is so 
vital to their futures.
  Our bill also extends through 2011 the Department of Transportation's 
authority to provide grants to cities under the Small Community Air 
Service Development Program, which was first established in 2000. The 
program helps rural communities establish new air service or to promote 
and improve their existing air service. Since it was first enacted, a 
number of New Mexico communities have won grants, including most 
recently Gallup in 2006.
  All across America, small communities face ever-increasing hurdles to 
promoting their economic growth and development. Today, many rural 
areas lack access to interstate or even four-lane highways, railroads, 
or broadband telecommunications. Business development in rural areas 
frequently hinges on the availability of scheduled air service. For 
small communities, commercial air service provides a critical link to 
the national and international transportation system. I do believe 
Congress must help ensure that affordable, reliable, and safe air 
service remains available in rural America.
  The Senate Commerce Committee and its Aviation Subcommittee are well 
along in developing a reauthorization of aviation programs this year. I 
look forward to working with my colleagues Chairmen Inouye and 
Rockefeller and Ranking Members Stevens and Lott to improve commercial 
air service programs for rural areas. I believe our bill is one 
important step in that process.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Ms. Collins, Mr. Leahy, Mr. Durbin, 
        Mr. Reed, Mr. Harkin, Ms. Stabenow, Mr. Dodd, and Mr. Sanders):
  S. 1572. A bill to increase the number of well-trained mental health 
service professionals (including those based in schools) providing 
clinical mental health care to children and adolescents, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BINGAMAN. Mr. President, the landmark 1999 Surgeon General's 
report on mental health brought a hidden mental health crisis to the 
attention of the U.S. public. According to that report, 13.7 million 
children in our country--about one in five--suffer from a diagnosable 
emotional or behavioral disorder. Such disorders as Anxiety Disorders, 
Attention-Deficit/Hyperactivity Disorder, and Depression are among the 
most common in this age group. Yet more than two-thirds of these 
children do not receive any treatment. Long waiting lists for children 
seeking services, including those in crisis, are not uncommon. The 
primary reason is that severe shortages exist in qualified mental 
health professionals, including child psychiatrists, psychologists, 
social workers, and counselors. The President's New Freedom Commission 
on Mental Health also found that ``the supply of well-trained mental 
health professionals is inadequate in most areas of the country . . . 
particular shortages exist for mental health providers who serve 
children, adolescents, and older Americans.'' The situation is no 
better in our public schools, where children's mental health needs are 
often first identified. According to the National Center for Education 
Statistics within the Department of Education, there are approximately 
479 students for each school counselor in U.S. schools, nearly twice 
the recommended ratio of 250 students for each counselor.
  The situation in my home State of New Mexico is a case in point. 
Estimates suggest that 56,000 children and adolescents in New Mexico 
have an emotional or behavioral disorder. Of these, roughly 20,000 have 
serious disturbances that impair their ability to fulfill the demands 
of everyday life. In 2001, there were a total of 44 child and

[[Page 15122]]

adolescent psychiatrists in the entire State of New Mexico. The impact 
of this shortage on the affected children and their communities is 
disconcerting. Research shows that children with untreated emotional 
and behavioral disorders are at higher risk for school failure and 
dropping out of school, violence, drug abuse, suicide, and criminal 
activity. For New Mexico youth, the suicide rate is twice the national 
average, the fourth highest in the nation, and the third leading cause 
of death. By one estimate, roughly one in seven youth in New Mexico 
detention centers are in need of mental health treatment that is just 
not available.
  New Mexico is not alone in its struggle to address the needs of these 
children. Nationwide, over 1600 urban, suburban, and rural communities 
have been designated Mental Health Professional Shortage Areas by the 
Federal Government due to their severe lack of psychiatrists, 
psychologists, social workers, and other professionals to serve 
children and adults. Rural areas are especially hard hit. For example, 
in New Mexico there is one psychiatrist per 20,000 residents in rural 
areas, whereas in urban areas there is one per 3000 residents. In rural 
and frontier counties, it is not unusual for the parents of a child in 
need of services to travel 60 to 90 miles to reach the nearest 
psychiatrist, psychologist, or other mental health provider. In States 
like Alaska and Wyoming, the distance may be even farther.
  Finally, graduate programs providing the vital pipeline for the child 
mental health workforce have not sufficiently increased their funding, 
class sizes, and training programs to meet the ever growing need for 
these specialists. In the U.S., only 300 new child and adolescent 
psychiatrists are trained each year, despite projections by the Bureau 
of Health Professions that the shortage of child and adolescent 
psychiatrist will grow to 4,000 by the year 2020. Federal grant funding 
for graduate psychology education has also been significantly reduced 
in the past two years, which could reduce the numbers of child and 
adolescent psychologists entering the profession.
  Clearly something needs to be done to address this serious shortage 
in mental health professionals to meet the growing needs of our 
Nation's youth. It is for this reason that I rise today with my 
colleagues Senator Collins of Maine, Senator Leahy of Vermont, Senator 
Durbin of Illinois, Senator Reed of Rhode Island, Senator Harkin of 
Iowa, Senator Stabenow of Michigan, Senator Dodd of Connecticut, and 
Senator Sanders of Vermont to offer The Child Health Care Crisis Relief 
Act of 2007. This bill creates incentives to help recruit and retain 
mental health professionals providing direct clinical care, and to help 
create, expand, and improve programs to train child mental health 
professionals. It provides loan repayments and scholarships for child 
mental health and school-based service professionals as well as 
internships and field placements in child mental health services and 
training for paraprofessionals who work in children's mental health 
clinical settings. The bill also provides grants to graduate schools to 
help develop and expand child and adolescent mental health programs. It 
restores the Medicare Graduate Medical Education Program for child and 
adolescent psychiatrists and extends the board eligibility period for 
residents and fellows from 4 years to 6 years. Across all mental health 
professions, priority for loan repayments, scholarships, and grants is 
given to individuals and programs serving children and adolescents in 
high-need areas.
  Finally, The Child Health Care Crisis Relief Act of 2007 requires the 
Secretary to prepare a report on the distribution and need for child 
mental health and school-based professionals, including disparities in 
the availability of services, on a State-by-State basis. This report 
will help Congress more clearly ascertain the mental health workforce 
needs that are facing our Nation.
  I ask unanimous consent that the text of the bill and my statement be 
printed in the Record. I also ask unanimous consent that the appended 
letter from the Mental Health Liaison Group, representing 40 national 
professional and mental health advocacy organizations in support of The 
Child Health Care Crisis Relief Act of 2007, be printed in the Record.
  There being no objection, material was ordered to be printed in the 
Record, as follows:

                                S. 1572

       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 ``Child Health Care Crisis 
     Relief Act of 2007''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The Center for Mental Health Services estimates that 20 
     percent or 13,700,000 of the Nation's children and 
     adolescents have a diagnosable mental disorder, and about \2/
     3\ of these children and adolescents do not receive mental 
     health care.
       (2) According to ``Mental Health: A Report of the Surgeon 
     General'' in 1999, there are approximately 6,000,000 to 
     9,000,000 children and adolescents in the United States 
     (accounting for 9 to 13 percent of all children and 
     adolescents in the United States) who meet the definition for 
     having a serious emotional disturbance.
       (3) According to the Center for Mental Health Services, 
     approximately 5 to 9 percent of United States children and 
     adolescents meet the definition for extreme functional 
     impairment.
       (4) According to the Surgeon General's Report, there are 
     particularly acute shortages in the numbers of mental health 
     service professionals serving children and adolescents with 
     serious emotional disorders.
       (5) According to the National Center for Education 
     Statistics in the Department of Education, there are 
     approximately 479 students for each school counselor in 
     United States schools, which ratio is almost double the 
     recommended ratio of 250 students for each school counselor.
       (6) According to the Bureau of Health Professions in 2000, 
     the demand for the services of child and adolescent 
     psychiatry is projected to increase by 100 percent by 2020.
       (7) The development and application of knowledge about the 
     impact of disasters on children, adolescents, and their 
     families has been impeded by critical shortages of qualified 
     researchers and practitioners specializing in this work.
       (8) According to the Bureau of the Census, the population 
     of children and adolescents in the United States under the 
     age of 18 is projected to grow by more than 40 percent in the 
     next 50 years from 70 million to more than 100 million by 
     2050.
       (9) There are approximately 7,000 child and adolescent 
     psychiatrists in the United States. Only 300 child and 
     adolescent psychiatrists complete training each year.
       (10) According to the Department of Health and Human 
     Services, minority representation is lacking in the mental 
     health workforce. Although 12 percent of the United States 
     population is African-American, only 2 percent of 
     psychologists, 2 percent of psychiatrists, and 4 percent of 
     social workers are African-American providers. Moreover, 
     there are only 29 Hispanic mental health professionals for 
     every 100,000 Hispanics in the United States, compared with 
     173 non-Hispanic white providers per 100,000.
       (11) According to a 2006 study in the Journal of the 
     American Academy of Child and Adolescent Psychiatry, the 
     national shortage of child and adolescent psychiatrists 
     affects poor children and adolescents living in rural areas 
     the hardest.
       (12) According to the National Center for Mental Health and 
     Juvenile Justice, 70 percent of youth involved in State and 
     local juvenile justice systems throughout the country suffer 
     from mental disorders, with at least 20 percent experiencing 
     symptoms so severe that their ability to function is 
     significantly impaired.

     SEC. 3. LOAN REPAYMENTS, SCHOLARSHIPS, AND GRANTS TO IMPROVE 
                   CHILD AND ADOLESCENT MENTAL HEALTH CARE.

       Part E of title VII of the Public Health Service Act (42 
     U.S.C. 294n et seq.) is amended by adding at the end the 
     following:

          ``Subpart 3--Child and Adolescent Mental Health Care

     ``SEC. 771. LOAN REPAYMENTS, SCHOLARSHIPS, AND GRANTS TO 
                   IMPROVE CHILD AND ADOLESCENT MENTAL HEALTH 
                   CARE.

       ``(a) Loan Repayments for Child and Adolescent Mental 
     Health Service Professionals.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may establish a program of entering into 
     contracts on a competitive basis with eligible individuals 
     under which--
       ``(A) the eligible individual agrees to be employed full-
     time for a specified period (which shall be at least 2 years) 
     in providing mental health services to children and 
     adolescents; and

[[Page 15123]]

       ``(B) the Secretary agrees to make, during not more than 3 
     years of the period of employment described in subparagraph 
     (A), partial or total payments on behalf of the individual on 
     the principal and interest due on the undergraduate and 
     graduate educational loans of the eligible individual.
       ``(2) Eligible individual.--For purposes of this section, 
     the term `eligible individual' means an individual who--
       ``(A) is receiving specialized training or clinical 
     experience in child and adolescent mental health in 
     psychiatry, psychology, school psychology, behavioral 
     pediatrics, psychiatric nursing, social work, school social 
     work, marriage and family therapy, school counseling, or 
     professional counseling and has less than 1 year remaining 
     before completion of such training or clinical experience; or
       ``(B)(i) has a license or certification in a State to 
     practice allopathic medicine, osteopathic medicine, 
     psychology, school psychology, psychiatric nursing, social 
     work, school social work, marriage and family therapy, school 
     counseling, or professional counseling; and
       ``(ii)(I) is a mental health service professional who 
     completed (but not before the end of the calendar year in 
     which this section is enacted) specialized training or 
     clinical experience in child and adolescent mental health 
     described in subparagraph (A); or
       ``(II) is a physician who graduated from (but not before 
     the end of the calendar year in which this section is 
     enacted) an accredited child and adolescent psychiatry 
     residency or fellowship program in the United States.
       ``(3) Additional eligibility requirements.--The Secretary 
     may not enter into a contract under this subsection with an 
     eligible individual unless--
       ``(A) the individual is a United States citizen or a 
     permanent legal United States resident; and
       ``(B) if the individual is enrolled in a graduate program 
     (including a medical residency or fellowship), the program is 
     accredited, and the individual has an acceptable level of 
     academic standing (as determined by the Secretary).
       ``(4) Priority.--In entering into contracts under this 
     subsection, the Secretary shall give priority to applicants 
     who--
       ``(A) are or will be working with high-priority 
     populations;
       ``(B) have familiarity with evidence-based methods and 
     cultural competence in child and adolescent mental health 
     services;
       ``(C) demonstrate financial need; and
       ``(D) are or will be working in the publicly funded sector, 
     particularly in community mental health programs described in 
     section 1913(b)(1).
       ``(5) Meaningful loan repayment.--If the Secretary 
     determines that funds appropriated for a fiscal year to carry 
     out this subsection are not sufficient to allow a meaningful 
     loan repayment to all expected applicants, the Secretary 
     shall limit the number of contracts entered into under 
     paragraph (1) to ensure that each such contract provides for 
     a meaningful loan repayment.
       ``(6) Amount.--
       ``(A) Maximum.--For each year that the Secretary agrees to 
     make payments on behalf of an individual under a contract 
     entered into under paragraph (1), the Secretary may agree to 
     pay not more than $35,000 on behalf of the individual.
       ``(B) Consideration.--In determining the amount of payments 
     to be made on behalf of an eligible individual under a 
     contract to be entered into under paragraph (1), the 
     Secretary shall consider the eligible individual's income and 
     debt load.
       ``(7) Applicability of certain provisions.--The provisions 
     of sections 338E and 338F shall apply to the program 
     established under paragraph (1) to the same extent and in the 
     same manner as such provisions apply to the National Health 
     Service Corps Loan Repayment Program established in subpart 
     III of part D of title III.
       ``(8) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000 
     for each of fiscal years 2008 through 2012.
       ``(b) Scholarships for Students Studying to Become Child 
     and Adolescent Mental Health Service Professionals.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may establish a program to award scholarships 
     on a competitive basis to eligible students who agree to 
     enter into full-time employment (as described in paragraph 
     (4)(C)) as a child and adolescent mental health service 
     professional after graduation or completion of a residency or 
     fellowship.
       ``(2) Eligible student.--For purposes of this subsection, 
     the term `eligible student' means a United States citizen or 
     a permanent legal United States resident who--
       ``(A) is enrolled or accepted to be enrolled in an 
     accredited graduate program that includes specialized 
     training or clinical experience in child and adolescent 
     mental health in psychology, school psychology, psychiatric 
     nursing, behavioral pediatrics, social work, school social 
     work, marriage and family therapy, school counseling, or 
     professional counseling and, if enrolled, has an acceptable 
     level of academic standing (as determined by the Secretary); 
     or
       ``(B)(i) is enrolled or accepted to be enrolled in an 
     accredited graduate training program of allopathic or 
     osteopathic medicine in the United States and, if enrolled, 
     has an acceptable level of academic standing (as determined 
     by the Secretary); and
       ``(ii) intends to complete an accredited residency or 
     fellowship in child and adolescent psychiatry or behavioral 
     pediatrics.
       ``(3) Priority.--In awarding scholarships under this 
     subsection, the Secretary shall give--
       ``(A) highest priority to applicants who previously 
     received a scholarship under this subsection and satisfy the 
     criteria described in subparagraph (B); and
       ``(B) second highest priority to applicants who--
       ``(i) demonstrate a commitment to working with high-
     priority populations;
       ``(ii) have familiarity with evidence-based methods in 
     child and adolescent mental health services;
       ``(iii) demonstrate financial need; and
       ``(iv) are or will be working in the publicly funded 
     sector, particularly in community mental health programs 
     described in section 1913(b)(1).
       ``(4) Requirements.--The Secretary may award a scholarship 
     to an eligible student under this subsection only if the 
     eligible student agrees--
       ``(A) to complete any graduate training program, 
     internship, residency, or fellowship applicable to that 
     eligible student under paragraph (2);
       ``(B) to maintain an acceptable level of academic standing 
     (as determined by the Secretary) during the completion of 
     such graduate training program, internship, residency, or 
     fellowship; and
       ``(C) to be employed full-time after graduation or 
     completion of a residency or fellowship, for at least the 
     number of years for which a scholarship is received by the 
     eligible student under this subsection, in providing mental 
     health services to children and adolescents.
       ``(5) Use of scholarship funds.--A scholarship awarded to 
     an eligible student for a school year under this subsection 
     may be used only to pay for tuition expenses of the school 
     year, other reasonable educational expenses (including fees, 
     books, and laboratory expenses incurred by the eligible 
     student in the school year), and reasonable living expenses, 
     as such tuition expenses, reasonable educational expenses, 
     and reasonable living expenses are determined by the 
     Secretary.
       ``(6) Amount.--The amount of a scholarship under this 
     subsection shall not exceed the total amount of the tuition 
     expenses, reasonable educational expenses, and reasonable 
     living expenses described in paragraph (5).
       ``(7) Applicability of certain provisions.--The provisions 
     of sections 338E and 338F shall apply to the program 
     established under paragraph (1) to the same extent and in the 
     same manner as such provisions apply to the National Health 
     Service Corps Scholarship Program established in subpart III 
     of part D of title III.
       ``(8) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2008 through 2012.
       ``(c) Clinical Training Grants for Professionals.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, in cooperation with the Administrator of the 
     Substance Abuse and Mental Health Services Administration, 
     may establish a program to award grants on a competitive 
     basis to accredited institutions of higher education to 
     establish or expand internships or other field placement 
     programs for students receiving specialized training or 
     clinical experience in child and adolescent mental health in 
     psychiatry, psychology, school psychology, behavioral 
     pediatrics, psychiatric nursing, social work, school social 
     work, marriage and family therapy, school counseling, or 
     professional counseling.
       ``(2) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to applicants that--
       ``(A) have demonstrated the ability to collect data on the 
     number of students trained in child and adolescent mental 
     health and the populations served by such students after 
     graduation;
       ``(B) have demonstrated familiarity with evidence-based 
     methods in child and adolescent mental health services; and
       ``(C) have programs designed to increase the number of 
     professionals serving high-priority populations.
       ``(3) Requirements.--The Secretary may award a grant to an 
     applicant under this subsection only if the applicant agrees 
     that--
       ``(A) any internship or other field placement program 
     assisted under the grant will prioritize cultural competency;
       ``(B) students benefitting from any assistance under this 
     subsection will be United States citizens or permanent legal 
     United States residents;
       ``(C) the institution will provide to the Secretary such 
     data, assurances, and information as the Secretary may 
     require; and

[[Page 15124]]

       ``(D) with respect to any violation of the agreement 
     between the Secretary and the institution, the institution 
     will pay such liquidated damages as prescribed by the 
     Secretary by regulation.
       ``(4) Application.--The Secretary shall require that any 
     application for a grant under this subsection include a 
     description of the applicant's experience working with child 
     and adolescent mental health issues.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $10,000,000 
     for each of fiscal years 2008 through 2012.
       ``(d) Progressive Education Grants for Paraprofessionals.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, in cooperation with the Administrator of the 
     Substance Abuse and Mental Health Services Administration, 
     may establish a program to award grants on a competitive 
     basis to State-licensed mental health nonprofit and for-
     profit organizations (including accredited institutions of 
     higher education) to enable such organizations to pay for 
     programs for preservice or in-service training of 
     paraprofessional child and adolescent mental health workers.
       ``(2) Definition.--For purposes of this subsection, the 
     term `paraprofessional child and adolescent mental health 
     worker' means an individual who is not a mental health 
     service professional, but who works at the first stage of 
     contact with children and families who are seeking mental 
     health services.
       ``(3) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to applicants that--
       ``(A) have demonstrated the ability to collect data on the 
     number of paraprofessional child and adolescent mental health 
     workers trained by the applicant and the populations served 
     by these workers after the completion of the training;
       ``(B) have familiarity with evidence-based methods in child 
     and adolescent mental health services;
       ``(C) have programs designed to increase the number of 
     paraprofessional child and adolescent mental health workers 
     serving high-priority populations; and
       ``(D) provide services through a community mental health 
     program described in section 1913(b)(1).
       ``(4) Requirements.--The Secretary may award a grant to an 
     organization under this subsection only if the organization 
     agrees that--
       ``(A) any training program assisted under the grant will 
     prioritize cultural competency;
       ``(B) the organization will provide to the Secretary such 
     data, assurances, and information as the Secretary may 
     require; and
       ``(C) with respect to any violation of the agreement 
     between the Secretary and the organization, the organization 
     will pay such liquidated damages as prescribed by the 
     Secretary by regulation.
       ``(5) Application.--The Secretary shall require that any 
     application for a grant under this subsection include a 
     description of the applicant's experience working with 
     paraprofessional child and adolescent mental health workers.
       ``(6) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $5,000,000 
     for each of fiscal years 2008 through 2012.
       ``(e) Child and Adolescent Mental Health Program 
     Development Grants.--
       ``(1) Establishment.--The Secretary, acting through the 
     Administrator of the Health Resources and Services 
     Administration, may establish a program to increase the 
     number of well-trained child and adolescent mental health 
     service professionals in the United States by awarding grants 
     on a competitive basis to accredited institutions of higher 
     education to enable the institutions to establish or expand 
     accredited graduate child and adolescent mental health 
     programs.
       ``(2) Priority.--In awarding grants under this subsection, 
     the Secretary shall give priority to applicants that--
       ``(A) demonstrate familiarity with the use of evidence-
     based methods in child and adolescent mental health services;
       ``(B) provide experience in and collaboration with 
     community-based child and adolescent mental health services;
       ``(C) have included normal child development curricula; and
       ``(D) demonstrate commitment to working with high-priority 
     populations.
       ``(3) Use of funds.--Funds received as a grant under this 
     subsection may be used to establish or expand any accredited 
     graduate child and adolescent mental health program in any 
     manner deemed appropriate by the Secretary, including by 
     improving the course work, related field placements, or 
     faculty of such program.
       ``(4) Requirements.--The Secretary may award a grant to an 
     accredited institution of higher education under this 
     subsection only if the institution agrees that--
       ``(A) any child and adolescent mental health program 
     assisted under the grant will prioritize cultural competency;
       ``(B) the institution will provide to the Secretary such 
     data, assurances, and information as the Secretary may 
     require; and
       ``(C) with respect to any violation of the agreement 
     between the Secretary and the institution, the institution 
     will pay such liquidated damages as prescribed by the 
     Secretary by regulation.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $15,000,000 
     for each of fiscal years 2008 through 2012.
       ``(f) Definitions.--In this section:
       ``(1) Specialized training or clinical experience in child 
     and adolescent mental health.--The term `specialized training 
     or clinical experience in child and adolescent mental health' 
     means training and clinical experience that--
       ``(A) is part of or occurs after completion of an 
     accredited graduate program in the United States for training 
     mental health service professionals;
       ``(B) consists of at least 500 hours of training or 
     clinical experience in treating children and adolescents; and
       ``(C) is comprehensive, coordinated, developmentally 
     appropriate, and of high quality to address the unique ethnic 
     and cultural diversity of the United States population.
       ``(2) High-priority population.--The term `high-priority 
     population' means--
       ``(A) a population in which there is a significantly 
     greater incidence than the national average of--
       ``(i) children who have serious emotional disturbances; or
       ``(ii) children who are racial, ethnic, or linguistic 
     minorities; or
       ``(B) a population consisting of individuals living in a 
     high-poverty urban or rural area.
       ``(3) Mental health service professional.--The term `mental 
     health service professional' means an individual with a 
     graduate or postgraduate degree from an accredited 
     institution of higher education in psychiatry, psychology, 
     school psychology, behavioral pediatrics, psychiatric 
     nursing, social work, school social work, marriage and family 
     counseling, school counseling, or professional counseling.''.

     SEC. 4. AMENDMENTS TO SOCIAL SECURITY ACT TO IMPROVE CHILD 
                   AND ADOLESCENT MENTAL HEALTH CARE.

       (a) Increasing Number of Child and Adolescent Psychiatry 
     Residents Permitted to Be Paid Under the Medicare Graduate 
     Medical Education Program.--Section 1886(h)(4)(F) of the 
     Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended by 
     adding at the end the following new clause:
       ``(iii) Increase allowed for training in child and 
     adolescent psychiatry.--In applying clause (i), there shall 
     not be taken into account such additional number of full-time 
     equivalent residents in the field of allopathic or 
     osteopathic medicine who are residents or fellows in child 
     and adolescent psychiatry as the Secretary determines 
     reasonable to meet the need for such physicians as 
     demonstrated by the 1999 report of the Department of Health 
     and Human Services entitled `Mental Health: A Report of the 
     Surgeon General'.''.
       (b) Extension of Medicare Board Eligibility Period for 
     Residents and Fellows in Child and Adolescent Psychiatry.--
     Section 1886(h)(5)(G) of the Social Security Act (42 U.S.C. 
     1395ww(h)(5)(G)) is amended--
       (1) in clause (i), by striking ``and (v)'' and inserting 
     ``(v), and (vi)''; and
       (2) by adding at the end the following new clause:
       ``(vi) Child and adolescent psychiatry training programs.--
     In the case of an individual enrolled in a child and 
     adolescent psychiatry residency or fellowship program 
     approved by the Secretary, the period of board eligibility 
     and the initial residency period shall be the period of board 
     eligibility for the specialty of general psychiatry, plus 2 
     years for the subspecialty of child and adolescent 
     psychiatry.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to residency training years beginning on or after 
     July 1, 2008.

     SEC. 5. CHILD MENTAL HEALTH PROFESSIONAL REPORT.

       (a) Study.--The Administrator of the Health Resources and 
     Services Administration (in this section referred to as the 
     ``Administrator'') shall study and make findings and 
     recommendations on--
       (1) the distribution and need for child mental health 
     service professionals, including with respect to specialty 
     certifications, practice characteristics, professional 
     licensure, practice types, locations, education, and 
     training; and
       (2) a comparison of such distribution and need, including 
     identification of disparities, on a State-by-State basis.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Administrator shall submit to the 
     Congress and make publicly available a report on the results 
     of the study required by subsection (a), including with 
     respect to findings and recommendations on disparities among 
     the States.

     SEC. 6. REPORTS.

       (a) Transmission.--The Secretary of Health and Human 
     Services shall transmit a report described in subsection (b) 
     to the Congress--
       (1) not later than 3 years after the date of the enactment 
     of this Act; and
       (2) not later than 5 years after the date of the enactment 
     of this Act.

[[Page 15125]]

       (b) Contents.--The reports transmitted to the Congress 
     under subsection (a) shall address each of the following:
       (1) The effectiveness of the amendments made by, and the 
     programs carried out under, this Act in increasing the number 
     of child and adolescent mental health service professionals 
     and paraprofessional child and adolescent mental health 
     workers.
       (2) The demographics of the individuals served by such 
     increased number of child and adolescent mental health 
     service professionals and paraprofessional child and 
     adolescent mental health workers.
                                  ____



                                  Mental Health Liaison Group,

                                                     June 7, 2007.
     Hon. Jeff Bingaman,
     U.S. Senate,
     Washington, DC.
     Hon. Patrick J. Kennedy,
     House of Representatives,
     Washington, DC.
       Dear Senator Bingaman and Representative Kennedy: The 
     undersigned national organizations are writing to express our 
     support for legislation you are sponsoring, the Child Health 
     Care Crisis Relief Act. This important legislation will 
     address the national shortage of children's mental health 
     professionals, including school-based professionals, by 
     encouraging more individuals to enter these critical fields.
       The Surgeon General estimates that over 13.7 million 
     children and adolescents are in need of treatment for 
     emotional and behavioral disorders but less than 20% ever 
     receive it. After the option of early intervention is lost, 
     the possibilities for a lifetime cycle of difficulties from 
     unresolved mental health issues looms ahead: school failure, 
     substance abuse, job and relationship instability, and even 
     the possibility of entering the criminal justice system.
       One of the key barriers to treatment is the shortage of 
     available specialists trained in the identification, 
     diagnosis and treatment of children and adolescents with 
     emotional and behavioral disorders. Primary care providers 
     report seeing a large number of children and youth with 
     mental health problems, but have difficulty finding available 
     clinicians to take referrals. The Surgeon General reported in 
     1999 that ``there is a dearth of child psychiatrists, 
     appropriately trained clinical child psychologists, or social 
     workers.'' The shortage of children's mental health 
     professionals has also been recognized by the President's New 
     Freedom Commission on Mental Health, the Council on Graduate 
     Medical Education and the state mental health commissioners.
       Enactment of the Child Health Care Crisis Relief Act will 
     spur the creation of educational incentives and federal 
     support for children's mental health training programs. It 
     will authorize scholarships, loan repayment programs, 
     training grants, and specialty training program support. 
     Children's mental health professionals covered under the bill 
     include child and adolescent psychiatrists, behavioral 
     pediatricians, psychologists, school psychologists, school 
     social workers, school counselors, psychiatric nurses, social 
     workers, marriage and family therapists and professional 
     counselors.
       National organizations representing consumers, family 
     members, advocates, professionals and providers thank you for 
     your continued leadership on mental health issues. We look 
     forward to working with you on this important bill.
           Sincerely,
         Alliance for Children and Families, American Academy of 
           Child and Adolescent Psychiatry, American Academy of 
           Pediatrics, American Association for Geriatric 
           Psychiatry, American Association for Marriage and 
           Family Therapy, American Counseling Association, 
           American Group Psychotherapy Association, American 
           Mental Health Counselors Association, American Nurses 
           Association, American Psychiatric Association, American 
           Psychoanalytic Association, American Psychological 
           Association, American Psychotherapy Association, 
           Anxiety Disorders Association of America, Association 
           for the Advancement of Psychology, Bazelon Center for 
           Mental Health Law, Center for Clinical Social Work,
         Child & Adolescent Bipolar Foundation, Child Welfare 
           League of America, Children and Adults with Attention-
           Deficit/Hyperactivity Disorder, Children's Healthcare 
           Is a Legal Duty, Clinical Social Work Guild, Coalition 
           for the Health and Advocacy of Rural Minorities, 
           Depression and Bipolar Support Alliance, Eating 
           Disorders Coalition for Research, Policy & Action, 
           Federation of Families Children's Mental Health, Mental 
           Health America, National Alliance on Mental Illness, 
           National Association for Children's Behavioral Health, 
           National Association for Rural Mental Health,
         National Association of Anorexia Nervosa and Associated 
           Disorders, National Association of County Behavioral 
           Health and Developmental Disability Directors, National 
           Association of Mental Health Planning & Advisory 
           Councils, National Association of School Psychologists, 
           National Association of Social Workers, National 
           Association of State Mental Health Program Directors, 
           National Coalition of Mental Health Professionals and 
           Consumers, National Council for Community Behavioral 
           Healthcare, Suicide Prevention Action Network USA, 
           Therapeutic Communities of America.
                                 ______
                                 
      By Mr. DODD:
  S. 1573. A bill to promote public-private partnerships to strengthen 
investment in early childhood development for children from birth to 
entry into kindergarten in order to ensure healthy development and 
school readiness for all children; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today, to introduce The Early 
Childhood Investment Act of 2007 to create and enhance public-private 
partnerships to strengthen investment in early childhood development 
programs, considering the needs of all children from birth to their 
entry in kindergarten. Investing in our youngest children is essential 
to promote their healthy development and school readiness. I pleased 
that two of my colleagues from Connecticut in the House of 
Representatives--Congresswoman Rosa DeLauro and Congressman Joe 
Courtney--will introduce companion legislation today.
  We have a body of knowledge on early childhood development that must 
be put into practice through policies that aid the crucial emotional, 
social and intellectual development that occurs in the first 3 years of 
life. Research indicates that investments in the early years of a 
child's life pay dividends later through improved health, readiness for 
school, and economic well-being. The return on investment also includes 
more successful transition to kindergarten; reduced special education 
and remedial education placements; better employment opportunities and 
higher earnings; and lower incidence of crime and dependence on public 
welfare. Our Nation's economy benefits from early childhood investments 
through a better prepared workforce, stronger growth, and a rising 
standard of living. Additionally, society will benefit from less crime, 
enhanced schools, and children who are better prepared to participate 
as citizens in a democratic society, as a result of increased 
investments in early childhood development.
  Many States have an Early Learning Council or an advisory council 
that coordinates and aligns various programs serving children from 
birth to kindergarten entry. These entities facilitate collaboration 
among early childhood development activities in each State, but do not 
necessarily provide additional funding. Resources from Federal and 
State governments alone are not adequate to provide access to quality 
early childhood development programs for all children.
  Currently the Federal Government provides funding for a variety of 
early childhood development programs including the Child Care and 
Development Block Grant, and Head Start, which have been essentially 
flat funded in recent years. States supplement this funding and also 
provide funding for State and local prekindergarten programs and parent 
development and support programs, such as home visiting. However, the 
Federal and State resources alone are not enough to reach all of our 
Nation's young children. In order to get closer to the goal of 
providing access to quality programs for all children before they enter 
kindergarten, the private sector also plays an important role. In 
addition, the Federal Government should provide resources to reward 
innovation at the state and community level and to leverage additional 
resources for continued innovation.
  In States such as Washington, Georgia, Michigan, Minnesota, Oklahoma, 
North Carolina, Arizona, Nebraska, Illinois, Vermont, and Virginia, 
public-private partnerships leverage resources to provide for the 
varied health and learning needs of children from birth to kindergarten 
entry and their families. Public-private partnerships have the ability 
to leverage the assets of public and private entities in terms of 
financial resources, expertise, and infrastructure in order to maximize 
and align investments in early childhood

[[Page 15126]]

development. Federal funding authorized by this legislation will create 
incentives for more States to develop such partnerships and leverage 
further investment in young children and enhance existing partnerships 
in states.
  The purpose of the Early Childhood Investment Act of 2007 is to 
establish or enhance existing public-private partnerships that will 
strengthen investment in early childhood development by awarding grants 
to local community initiatives and programs that serve young children 
and their families.
  The bill is fairly straightforward. It requires the Secretary of 
Health and Human Services to establish a competitive grant program to 
award grants to a public-private partnership, in each State that 
applies, which will leverage resources to supplement existing State and 
Federal funds. The partnership will then award subgrants to State and 
local community initiatives to improve access to and quality of early 
childhood development for children from birth through age five and 
their families. The partnerships will leverage funding from nonprofit 
or for-profit organizations, private entities and State government to 
invest in high quality early childhood development programs.
  The Early Childhood Investment Act of 2007 authorizes $8 billion for 
fiscal year 2008, $10 billion for fiscal year 2009 and such sums as 
necessary in the following years. The Federal share represents 50 
percent of total expenditures by a partnership in the first year, 40 
percent in the second year and 30 percent in the outyears. I know I 
will hear that this cost is too large for the government to bear, but I 
would argue that the cost of not investing would be even greater. 
Children represent only a quarter of our population, but they are 100 
percent of our future and each of our children deserves an opportunity 
to reach his or her potential.
  The bill has been endorsed by America's Promise Alliance, First 
Focus, National Association for the Education of Young Children, 
National Association of Child Care Resource and Referral Agencies, and 
the National Women's Law Center. I hope that my colleagues will join me 
in supporting this important legislation.
                                 ______
                                 
      By Mr. OBAMA:
  S. 1574. A bill to establish Teaching Residency Programs for 
preparation and induction of teachers; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. OBAMA. Mr. President, we will soon begin consideration of 
legislation to educate America's students, with Head Start, the 
Elementary and Secondary Education Act, and the Higher Education Act 
all slated for reauthorization. One of the most important aspects of No 
Child Left Behind is its provision for a highly qualified teacher for 
every child, in every classroom in America.
  Expert teachers are the most important educational resource in our 
schools, and also the most inequitably distributed. In the United 
States, too many students in high-need schools are taught by 
inadequately prepared teachers, who are often not ready for the 
challenges they face, and thus leave the classroom too soon. High-
poverty schools lose one-fifth of their teaching staff each year. This 
constant turnover of inexperienced, inadequately prepared teachers 
undermines efforts to create stable learning cultures and to sustain 
school improvement, especially in schools with greatest need.
  Many schools are being identified as in need of improvement, and many 
students are asked to be successful in schools where success is a rare 
commodity. Rather than being a leader in a competitive world where 
educational attainment is precious, America has one of the lowest high 
school graduation rates in the industrialized world. Three out of every 
10 ninth-grade students will not graduate on time, and about half of 
all African American and Hispanic ninth graders will not earn a diploma 
in four years. Less than 2 out of every 10 students who begin high 
school will receive a postsecondary degree within a reasonable time. 
Students of color, new immigrants, and children living in poverty are 
all being left behind. A good education is granted to some, but denied 
to others, denied not only to children of color in our cities, but also 
to children living in poverty in our rural areas. We must end this.
  We must recruit the best and the brightest Americans to become 
teachers and we must transform teaching, restoring its luster as a 
profession, so that when new teachers join it, they are successful, and 
want to stay. As teachers and principals are increasingly being held 
individually responsible for student success, it is increasingly 
important that we adequately prepare teachers to become successful.
  Research shows that inexperienced teachers are less effective than 
teachers with several years of experience, but good preparation 
programs can make novice teachers effective more rapidly. We must help 
novice teachers get the training and coaching they need. Teacher 
preparation seldom provides the opportunity to learn under the 
supervision of expert teachers working in schools that effectively 
serve high-need students. Most new teachers lack such support, and so 
leave the profession before achieving success.
  Today I am proud to introduce the Teaching Residency Act, which 
builds on a successful model of teacher preparation similar to medical 
residencies. Teaching Residency Programs are school-based teacher 
preparation programs in which prospective teachers teach alongside a 
mentor teacher for one academic year, receive master's level coursework 
in teaching the content area in which they will become certified, and 
attain certification prior to completion of the program. Once 
certified, graduates of the program are placed in high-needs schools, 
and continue to receive strong mentoring and coaching for their first 
years of teaching. This bill proposes establishing Teaching Residency 
Programs as a provision of Title II of the Higher Education Act.
  I am particularly proud to introduce this legislation today, because 
it is a model of effective teacher preparation that I have supported 
since before I was elected to the Senate in 2004. I have seen the power 
of teacher residencies through the very successful Academy for Urban 
School Leadership in my home State of Illinois. And I am pleased to be 
supported in this effort by the introduction of legislation in the 
House by my good friend, Congressman Rahm Emanuel.
  It is critical to develop programs that increase the probability that 
recruits will succeed and stay in those classrooms where they are most 
needed. Teaching Residency Programs are based on what we know works 
best to improve teacher preparation. We know that mentoring is critical 
to help young teachers develop in the early years of their career and 
to retain many of new teachers who would otherwise leave the profession 
in their first years. We cannot afford to lose any more high quality 
teachers because they do not feel supported or do not feel that they 
are progressing professionally.
  I hope my colleagues will support this important legislation.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Mr. Cochran, Mr. Obama, Mr. 
        Bingaman, Mrs. Clinton, Mr. Brown, and Mr. Durbin):
  S. 1576. A bill to amend the Public Health Service Act to improve the 
health and healthcare of racial and ethnic minority groups; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, serious and unjustified health 
disparities continue to exist in our Nation today. Forty-five million 
Americans have no health insurance and often don't get the health care 
they need or get it too late. We know that the uninsured are more 
likely to delay doctor visits and needed screenings like mammograms and 
other early detection tests which can help prevent serious illness and 
death. The Institute of Medicine estimates that at least 18,000 
Americans die prematurely each year because they lack health coverage.
  Some of the most shameful health disparities involve racial and 
ethnic

[[Page 15127]]

minorities. African Americans have a lower life expectancy than Whites. 
They are much more likely to die from stroke, and their uninsurance 
rates are much higher than those of their White counterparts.
  Many Americans want to believe such disparities don't exist, but 
ignoring them only contributes more to the widening gap between the 
haves and have-nots.
  It is a scandal that people of color have greater difficulty 
obtaining good health care than other Americans. Your health should not 
depend on the color of your skin, the size of your bank account, or 
where you live. In a nation as advanced as ours, with its state-of-the-
art medical technology for preventing illness and caring for the sick, 
it is appalling that so many health disparities continue to exist.
  That is the reason why I am introducing the Minority Health and 
Health Disparity Elimination Act, as part of our effort to reduce or 
eliminate these unacceptable differences in the health and health care 
of racial and ethnic minorities.
  The bill includes grants and demonstration projects that will help 
communities promote positive health behaviors and improve outreach, 
participation, and enrollment of racial and ethnic minorities in 
available health care programs. The bill will also establish 
collaborative partnerships led by community health centers. In 
particular it will support the Delta Health Initiative Rural Health, 
Education, and Workforce Infrastructure Demonstration Program to 
address longstanding, unmet health and health care needs in the 
Mississippi Delta
  In addition, the bill codifies the Centers for Disease Control and 
Prevention's Racial and Ethnic Approaches to Community Health Program, 
so that this successful program can continue to assist communities to 
mobilize and organize resources to support effective and sustainable 
programs to help close the health and health care gap. It also 
establishes Health Action Zones to support State, tribal or local 
initiatives to improve minority health in communities that have been 
historically burdened by health disparities.
  Greater diversity in the health care workforce is essential to 
creating a healthy America. Studies demonstrate that minority health 
professionals are more likely to care for minority patients, including 
those who are low-income and uninsured. African Americans, Hispanic 
Americans, and Native Americans account for only 6 percent of the 
Nation's doctors and 5 percent of nurses and dentists, even though they 
are almost one-quarter of the U.S. population. The disparity in the 
health workforce must be closed, not just to fulfill our commitment to 
equality and opportunity, but also because of the impact it has on the 
health of America.
  The act reauthorizes the title VII health care workforce diversity 
programs, including the Centers of Excellence at Historically Black 
Colleges and Universities and institutions that educate Hispanic and 
Native American students.
  A diverse health care workforce is essential for a healthy country. 
Emphasizing workforce diversity does not mean that health care workers 
should not be prepared to work with diverse patients. We must also make 
a more serious effort to train culturally competent health care 
professionals, and to create a health care system that is accessible 
for the more than 48 million Americans who speak a language other than 
English at home. The bill creates an Internet clearinghouse to increase 
cultural competency and improve communication between health care 
providers and patients. It also supports the development of curricula 
on cultural competence in health professions schools.
  Language barriers in health care obviously contribute to reduced 
access and poorer care for those who have limited English proficiency 
or low health literacy. The legislation recognizes the importance of 
this issue for the quality of our health care system and provides funds 
for activities to improve and encourage services for such patients.
  The bill reauthorizes the National Center for Minority Health and 
Health Disparities that was created as part of the Minority Health and 
Health Disparities Research and Education Act of 2000. It strengthens 
the center's role in coordinating and planning research that focuses on 
minority health and health disparities at the National Institutes of 
Health. The bill also requires the Agency for Health care Research and 
Quality to establish a grant program to support private research 
initiatives and a public-private partnership to evaluate and identify 
the best practices in disease management strategies and interventions.
  In addition, the bill ensures that research on genetic variation 
within and between populations includes a focus on racial and ethnic 
minorities. It also promotes the participation of racial and ethnic 
minorities in clinical trials and intensifies efforts throughout the 
Department of Health and Human Services to increase and apply knowledge 
about the interaction of racial, genetic, and environmental factors 
that affect people's health.
  Finally, the bill reinforces and clarifies the duties of the Office 
of Minority Health and instructs the office to develop and implement a 
comprehensive department-wide plan to improve minority health and 
eliminate health disparities. It also encourages greater cooperation 
among federal agencies and departments in meeting these serious 
challenges.
  We have worked diligently with a wide variety of organizations on 
this bill that are eager for strong legislation to eliminate health 
disparities. The following groups have expressed their support: Aetna, 
American Association of Colleges of Pharmacy, American Heart 
Association/American Stroke Association, American Public Health 
Association, Asian American and Pacific Islander Health Forum, 
Association for Community Affiliated Plans, Association of Minority 
Health Professions Schools, California Pan-Ethnic Network, Charles R. 
Drew University of Medicine and Science, Families USA, Harvard Medical 
School, Massachusetts General Hospital, Meharry Medical College, 
Morehouse School of Medicine, National Association of Community Health 
Centers, National Association of Public Hospitals and Health Systems, 
National Coalition for Hispanic Health--Campaign for Tobacco Free Kids, 
Hispanic Association of Colleges and Universities, League of United 
Latin American Citizens, National Council of La Raza, National Hispanic 
Caucus of State Legislators, National Hispanic Medical Association, 
National Puerto Rican Coalition--National Council of La Raza, National 
Health Law Program, National Hispanic Medical Association, National 
Medical Association, Network Health, Racial and Ethnic Health 
Disparities, REHDC, and Summit Health Institute for Research and 
Education.
  I look forward to working with these dedicated groups as we work 
towards final passage of this bill.
  I greatly appreciate the cooperation of Senator Cochran, Senator 
Obama, Senator Bingaman, Senator Clinton, Senator Brown, and Senator 
Durbin on this legislation, and I look forward to working with my 
colleagues to enact this much needed legislation.
  Mr. OBAMA. Mr. President, this Nation has witnessed dramatic 
improvements in public health and health care technology and practice 
over the last century. Diseases that were once life-threatening are now 
curable; conditions that once devastated are now treatable. Our Federal 
investment in medical research has paid off handsomely, with new and 
more effective tests and treatments and near daily reports of new 
scientific breakthroughs. Yet still today too many Americans have not 
and will not derive full benefit from these advances.
  We know that minority Americans and other vulnerable populations 
needlessly continue to experience higher rates of disease and lower 
rates of survival, and this is simply unacceptable. As we in the 
Congress work to combat the serious health issues that threaten the 
well-being of all Americans, we must also remain vigilant and committed 
in our fight to address the persistent and pervasive health disparities 
that affect millions of minorities, low-income individuals and other 
at-risk populations.

[[Page 15128]]

  Congress has passed legislation before to address the health of 
minority populations and eliminate health disparities--the Minority 
Health and Health Disparities Research and Education Act of 2000. That 
bill created the National Center for Minority Health and Health 
Disparities, supported the landmark IOM report Unequal Treatment, 
required annual reporting on health care disparities by AHRQ, and 
strengthened the research base for many HBCU's, among many other 
provisions.
  Since that bill passed, our knowledge and understanding about the 
root causes of these disparities has dramatically increased. Efforts to 
strengthen the research infrastructure needed to investigate health 
concerns among people of color have been quite effective. Momentum has 
also accelerated in the medical and public health communities as 
advocates' voices are heard more and more, with new interventions being 
implemented and evaluated. All of these positive steps and advances 
have helped to raise minority health as a national priority. However, 
despite this activity, much work remains to be done in order to close 
the gap and eliminate health and health care disparities.
  Study after study reveals the stark line of health disparity drawn 
between minorities and whites. In cancer alone, the numbers are hard to 
overlook. In 2004, African American men were 2.4 times as likely to die 
from prostate cancer, as compared to white men. For heart disease, the 
statistics are equally compelling: 2004 data show that when compared to 
white men, African American men were 30 percent more likely to die from 
heart disease, and American Indian adults were 30 percent more likely 
to have high blood pressure.
  The underlying factors for health disparities are multi-factorial. 
Our individual genetic makeup certainly contributes to differences in 
rates of disease and mortality in diverse populations. However, other 
factors play an equal if not greater role. We know that minority and 
low-income Americans are disproportionately less likely to live in 
communities that promote healthy behaviors and choices through access 
to wholesome foods and opportunities for physical activity, and that 
protect from exposure to environmental toxins and violence. In 
addition, minority Americans are less likely to have health coverage 
and thus more likely to experience difficulties accessing the health 
care system, which leads to delayed diagnoses and foregone care. And 
last but not least, we know that minority Americans are less likely to 
receive medical care that meets recommended or accepted standards of 
practice, when compared to White Americans. As an example, the American 
Journal of Public Health has reported that more than 886,000 deaths 
could have been prevented from 1991 to 2000 if African Americans had 
received the same level of health care as Whites.
  For all of these reasons, I am joining my colleagues Senator Kennedy 
and Senator Cochran in introducing the Minority Health Improvement and 
Health Disparity Elimination Act of 2007. This critical legislation has 
a number of important provisions to help us achieve our goal to improve 
the health status of minority and other underserved populations. First, 
this bill strengthens education and training in cultural competence and 
communication, which is the cornerstone of quality health care for all 
patients. It also reauthorizes the pipeline programs in title VII of 
the Public Health Service Act, which seek to increase diversity in the 
health professions. We all know that the door to opportunity is only 
half open for minority students in the health professions. The 
percentage of minority health professionals is shockingly low--African 
Americans, Hispanics and American Indians account for one-third of the 
Nation's population but less than 10 percent of the Nation's doctors, 
less than 5 percent of dentists and only 12 percent of nurses. We can--
and must--do better.
  Lack of workforce diversity has serious implications for both access 
and quality of health care. Minority physicians are significantly more 
likely to treat low-income patients, and their patients are 
disproportionately minority. Studies have also shown that minority 
physicians provide higher quality of care to minority patients, who are 
more satisfied with their care and more likely to follow the doctor's 
recommendations.
  Second, this bill expands and supports a number of initiatives to 
increase access to quality care. Specifically, the legislation 
authorizes demonstration grants to improve access to healthcare, 
patient navigators, and health literacy education services. 
Additionally, partnerships modeled after the Health Disparity 
Collaboratives at the Bureau of Primary Health Care are supported 
through established grants. The REACH program at Centers for Disease 
Control and Prevention--designed to assist communities in mobilizing 
and organizing resources to support effective and sustainable programs 
to reduce health disparities--is established under this bill. And I am 
pleased that the Health Action Zone Initiative has also been 
authorized. This new environmental public health program was introduced 
as part of the Healthy Communities Act of 2007 that I introduced 
earlier this year, and guides and strengthens community efforts to 
improve health in comprehensive and sustained fashion.
  A third area of focus is expansion and acceleration of data 
collection and research across the agencies, including the Agency for 
Healthcare Research and Quality and the National Institute of Health, 
with special emphasis on translational research. The tremendous 
advances in medical science and health technology, which have benefited 
millions of Americans, have remained out of reach for too many 
minorities, and translational research will help to remedy this 
problem. The National Center on Minority Health and Health Disparities, 
which has a leadership role in establishing the disparities research 
strategic plan at the National Institutes of Health, is reauthorized. 
And a new advisory committee has been established at the Food and Drug 
Administration to focus on pharmacogenomics and its safe and 
appropriate use in minority populations, another issue area that I 
championed as part of my Genomics and Personalized Medicine Act of 
2006.
  Last but not least, I want to highlight that the bill strengthens and 
clarifies the duties of the Office of Minority Health. This office has 
been critical in providing the leadership, expertise and guidance for 
health improvement activities across the agencies of the Department of 
Health and Human Services, and has helped to ensure coordination, 
collaboration and integration of such efforts as well.
  In conclusion, I want emphasize that it is past time to expand and 
accelerate our work in a of minority health beyond the initial 
bipartisan effort Congress achieved in 2000. We have got to translate 
the knowledge we have gained into practical and effective interventions 
that will improve minority health and eliminate disparities, and this 
bill will help us do just that.
  I urge my colleagues to join me in cosponsoring and passing this 
critical legislation. Regardless of how you measure it, whether by 
needless suffering, lost productivity, financial costs, or lives lost, 
disparities in health and health care are a tremendous problem and a 
moral imperative for our Nation, and one that is within our power to 
address right now.
  Mrs. CLINTON. Mr. President, I am pleased to join Senators Kennedy, 
Cochran, Bingaman, Obama, Durbin and Brown in introducing the Minority 
Health Improvement and Health Disparity Elimination Act 2007.
  As we debate health care issues, we often discuss what is wrong with 
our health care system: Costs are spiraling upward, the ranks of 
uninsured have increased, and the strains on our system and its ability 
to provide quality care have worsened. And while the impact of these 
situations are felt by all Americans, the problems with our health care 
system often disproportionately impact our racial and ethnic minority 
populations.

[[Page 15129]]

  We continue to have disparities in health care for our minority 
populations--disparities in access, disparities in quality, and 
disparities in outcomes. The Agency for Healthcare Research and Quality 
(AHRQ) tracks these in its annual National Healthcare Disparities 
Report, aggregating data from a variety of Federal health surveys and 
databases. And the findings from the report are staggering, inc1uding 
the following: Minorities had worse access to care than whites; Blacks 
and Hispanics received poorer quality care than Whites on more than 70 
percent of the measures used by AHRQ; and While gains were made on 
approximately one-quarter of the quality indicators, disparities 
actually got worse for all minority populations on one-third of the 
quality indicators.
  These system wide disparities have translated into increased burden 
of disease for our racial and ethnic minority populations.
  HIV/AIDS is devastating our African-American communities. Blacks 
account for about half of all new HIV/AIDS diagnoses. In New York City, 
the rate of new HIV diagnoses is six times higher among Blacks than 
Whites. In addition, the AIDS case rate among Hispanic populations is 
about 3.5 times higher than that of Whites.
  The incidence of asthma is highest among Puerto Rican populations, 
with 22 percent of these individuals receiving a diagnosis of asthma, a 
rate roughly double that of White populations. Although African-
Americans have slightly higher rates of asthma than White populations, 
they experience disparities in asthma management and access to care. 
The emergency department visit rate for Blacks seeking asthma treatment 
was 350 percent higher than that of the rates for Whites, while the 
hospitalization rate for Blacks with asthma was 240 percent higher than 
that for Whites with asthma.
  One out of every 10 Asian Americans will be diagnosed with diabetes. 
Among all Americans with diabetes, Blacks are about two times more 
likely to require amputations, two to five times more likely to have 
kidney disease, and twice as likely to suffer from diabetes-related 
blindness.
  The impact of health disparities are experienced not only by racial 
and ethnic minority communities but by all of us. They are symptomatic 
of the underuse and misuse of health care. And the costs associated 
with these disparities--such as delayed diagnoses and complications 
that result from lack of access to primary care--add unnecessary costs 
to our health care system.
  The Minority Health Improvement and Health Disparity Elimination Act 
of 2007 would allow us to address healthcare disparities through a 
variety of mechanisms.
  The bill will create a cultural competency clearinghouse, helping 
providers to understand, first of all, the concept of cultural 
competence, and second, how to better tailor care to their patients of 
diverse backgrounds. We cannot, for example, ask a person with diabetes 
to make changes to their diet if we do not understand what foods are 
part of their diet. Having a culturally competent health care system is 
especially important in my home State of New York, where our residents 
come from all over the world. With the information that will be 
available in this clearinghouse, we will make it easier for both 
patients and providers to communicate and understand essential concepts 
of care.
  The Minority Health Improvement and Health Disparity Elimination Act 
will improve health professions programs that increase recruitment and 
retention of underrepresented minorities in the health professions. New 
York's population is 15 percent Black and 15.6 percent Hispanic, yet 
the percentage of Black physicians practicing in our State is 3.2 
percent, and the percentage of Hispanic physicians practicing in our 
State is 2.3 percent. This bill will reauthorize the Centers of 
Excellence established by the Health Resources and Services 
Administration, HRSA--a program that has benefited the Mt. Sinai School 
of Medicine--and establish new programs to train mid-career individuals 
in the health professions.
  It will codify currently existing health promotion and disease 
prevention activities targeted toward racial and ethnic minorities, 
including the Centers for Disease Control and Prevention's Racial and 
Ethnic Approaches to Community Health, REACH. REACH grantees working in 
northern Manhattan have managed to increase childhood immunization 
rates by 10 to 15 percent. It will also codify the Health Disparities 
Collaboratives program operated by HRSA, through which health centers 
across the country focus on improving their treatments for specific 
diseases, or implementing models to improve patient care. These centers 
include Whitney Young Health Center in Albany, NY, which, through this 
collaborative, successfully helped more than 200 patients learn how to 
manage their asthma.
  The legislation will establish new programs to increase community 
health workers, address environmental health concerns, and improve 
outreach and enrollment, thus reducing barriers to accessing care. It 
will increase support for the Agency for Healthcare Research and 
Quality's research into healthcare disparities and help to improve 
overall data collection.
  The Minority Health Improvement and Health Disparity Elimination Act 
will reauthorize the National Center for Minority Health and Health 
Disparities at the National Institutes of Health, which is designed to 
conduct and support health disparities research; disseminate 
information about disparities, and reach out to racial and ethnic 
minority disparity communities. Through the Center, New York University 
received support for its Center for the Study of Asian American Health, 
a collaboration between researchers, health providers, and community 
organizations that is designed to reduce the disparities faced by Asian 
Americans in New York City.
  Finally, the legislation would reauthorize and strengthen the Office 
of Minority Health, OMH, at HHS, requiring it to develop a National 
Action Plan to address disparities in collaboration with other Federal 
health agencies. The OMH has provided support to New York's Office of 
Minority Health, as well as community-based organizations in Syracuse, 
Buffalo, and Lower Manhattan, and this reauthorization of the office 
will allow them to support and sustain more programs at the State and 
local level.
  I am excited about this legislation because I have seen what happens 
in communities when we come together--providers, researchers, and 
neighborhood leaders--to address these concerns. Last month, the 
University of Rochester and the Monroe County Health Department 
announced that an initiative to increase pneumococcal immunization 
rates in African-American seniors resulted in a more than 30-percent 
gain in immunization rates--protecting more New Yorkers against 
pneumonia and reducing the vaccination disparity between Blacks and 
Whites.
  I believe that the Minority Health Improvement and Health Disparity 
Elimination Act will allow us to create, maintain, and support this 
type of collaboration across the Nation. It will make a real change in 
the health care for our minority communities and improve the quality of 
care received by all Americans. I look forward to working with my 
colleagues in Congress to pass this legislation as quickly as possible.
  Mr. DURBIN. Mr. President, Abraham Lincoln once said, ``The 
declaration that `all men are created equal' is the great fundamental 
principle upon which our free institutions rest.''
  As a Senator representing the distinguished land of Lincoln, I take 
seriously our Nation's promise for equality, particularly when it comes 
to health care.
  I rise today as a strong and proud cosponsor of the Minority Health 
Improvement and Health Disparity Elimination Act of 2007--an important 
piece of legislation, long in the making, and long overdue.
  Not since 2000 has our Congress made a concerted effort to address 
the health of some of our most at-risk populations--people of color.

[[Page 15130]]

  In these 7 years, we have not seen a substantial improvement in the 
health status of people of color.
  Cervical cancer, a disease that can be greatly reduced by effective 
health care, is five times more common among Vietnamese women in the 
United States than it is among Caucasian women.
  African Americans with diabetes are seven times more likely to have 
amputations and develop kidney failure than are Caucasians with 
diabetes.
  In Chicago's Latino community, you will likely find one in two Latino 
children who are obese, a condition that often leads to the onset of 
diabetes.
  In the hospitals of East St. Louis, it's likely that African-American 
babies die at more than double the rate of White infants.
  In the small town of Cairo, families have to travel hours to other 
parts of the State and sometimes even to other States to obtain the 
right care.
  In general, we are making progress in prolonging life. Death rates 
for Whites, African Americans, and Latinos from many of our most 
debilitating diseases have declined during the last decade. But what 
progress are we making on quality of life during those extra years? Is 
the answer different depending on the racial or ethnic minority groups? 
Simply speaking, yes.
  Even when controlling for insurance coverage and economic status, 
racial and ethnic minorities tend to have less access to health care 
and a lower quality of health care than their Caucasian counterparts.
  The Centers for Disease Control and Prevention has reported that, 
among a wide range of health indicators, ``relatively little progress 
has been made toward the goal of eliminating racial/ethnic 
disparities.''
  In general, yes, Americans are healthier, but the shameful gaps 
between minority groups and Caucasians remain nearly the same as a 
decade ago.
  When will we as a nation demand more and work harder to reach that 
ideal of equality that is a pillar of our Nation's moral strength?
  This legislation is a critical step toward achieving that notion of 
equality: the belief that we are all created equal and as such should 
have equal access to quality care.
  Why is it that this country spends so much more than any other 
industrialized country on its health care, but has consistently lagged 
behind other countries in delivering better health outcomes? Why is it 
that one in six Americans, almost one in three African Americans, 
almost one in two Latino Americans, are uninsured? Why do our health 
outcomes not reflect the $2 trillion investment we make in health care 
each year? There is a disconnect between the rhetoric around our 
Nation's health crisis and where our resources are placed. It is a 
shame, and we can do better.
  Our health workforce should reflect, understand, and respect the 
backgrounds, experiences, and perspectives of the people it serves. We 
need to recruit, train and retain health care professionals from 
underrepresented groups and underserved areas.
  In areas like downstate Illinois, small communities rely heavily on 
Federal incentives, such as loan repayment, the Health Careers 
Opportunity Program, and Centers of Excellence to create a critical 
pipeline of professionals.
  Graduates of title VII programs are more likely to serve in 
underserved areas. That is the outcome we want, so we need to support 
successful programs like these.
  In addition to improving the diversity of our workforce, we need to 
redouble efforts to fight diseases that disproportionately affect 
racial and ethnic minorities--diseases like diabetes, heart disease, 
breast cancer and so many others.
  To accurately respond to the presence of health care disparities and 
try to address them, we need better data on health care access and 
utilization that includes race, ethnicity, primary language, and socio-
economic status. To develop accurate solutions, we need accurate 
information on prevalence, contributing factors, and effects of health 
care disparities.
  The Minority Health Improvement and Health Disparity Elimination Act 
of 2007 is a critically important step toward improving the access, 
workforce, research and information that will close the color gap that 
exists in health care today. I look forward to working with my 
colleagues to improve the health of all Americans and, specifically, to 
eliminate health disparities that hurt our communities of color, and 
all of us.
  I did not always agree with the former majority leader, Senator 
William H. Frist, but I couldn't agree more with his statement that, 
``Inequity is a cancer that can no longer be allowed to fester in 
health care.''
  I urge my colleagues to support the health disparity legislation 
introduced today.
                                 ______
                                 
      By Mr. KOHL (for himself, Mr. Domenici, Mrs. McCaskill, Ms. 
        Stabenow, Mrs. Lincoln, Mr. Levin, and Mrs. Clinton):
  S. 1577. A bill to amend titles XVIII and XIX of the Social Security 
Act to require screening, including national criminal history 
background checks, of direct patient access employees of skilled 
nursing facilities, nursing facilities, and other long-term facilities 
and providers, and to provide for nationwide expansion of the pilot 
program for national and State background checks on direct patient 
access employees of long-term care facilities or providers; to the 
Committee on Finance.
  Mr. KOHL. Mr. President, I rise today to introduce the Patient Safety 
and Abuse Prevention Act with Senators Domenici, McCaskill, Stabenow, 
Lincoln, Levin and Clinton.
  This bill is supported by the Elder Justice Coalition, the National 
Citizens' Coalition for Nursing Home Reform, the American Association 
of Homes and Services for the Aging, AARP and many other organizations 
dedicated to protecting our Nation's vulnerable citizens. If enacted, 
this legislation could help to prevent many of the tragic tales of 
physical and financial elder abuse that we hear about from our 
constituents and read about in our local newspapers. I strongly urge 
this Congress to do what the States cannot: create a nationwide system 
of background checks for workers who care for our Nation's frail elders 
and those who are living with disabilities.
  The vast majority of long-term care workers are selfless and 
dedicated. Yet there are a few with violent criminal histories who pose 
a clear threat to the defenseless individuals needing long-term care 
services. Under the disorganized, patchwork system of background checks 
that exists today, employers trying to hire caregivers do not always 
know which applicants have records of abuse or a history of committing 
violent crimes. As a result, predators are sometimes hired to take care 
of our most vulnerable citizens, allowing them to work in situations 
where they can cause enormous harm. For example, in just the last 6 
weeks, three stories of such elder abuse created headlines across the 
country:

       Last year, Pat Torano, at the age of 89, was partially 
     paralyzed by a stroke. He realized he no longer could care 
     for his 95-year-old wife, who by then was blind and suffering 
     from dementia. Intent on staying at home, the Toranos 
     contracted with Visiting Angels, a network of private home-
     care agencies that matches clients with caretakers. They 
     expected to find an honest professional to help them with 
     household chores and other non-medical needs. Instead they 
     got convicted felon Gina Treveno, who stole their house just 
     five months later by tricking the couple into placing the 
     deed in her name.
       Attorney General Andrew M. Cuomo today announced the 
     sentencing of William Morrison, a former aide at the Rome 
     Memorial Hospital Residential Health Care Facility, who was 
     convicted last month of raping and sexually assaulting a 90-
     year-old resident of the nursing home. . . . The background 
     check would have revealed that Morrison was previously 
     convicted for one felony drug offense in 1992 and several 
     misdemeanors in the 1990s.
       An 84-year-old man allegedly assaulted at a nursing home 
     last month is suing the facility, claiming it failed to 
     protect him from the employee accused of punching him in his 
     bed. Earl Gates of Bozeman claims Evergreen Bozeman Health 
     and Rehabilitation center didn't do a background check on his 
     accused attacker, Joshua Fowler, 23, who has a prior assault 
     conviction.


[[Page 15131]]


  The bill that I am introducing today with Senators Domenici, 
Stabenow, McCaskill, Lincoln, Levin, and Clinton proposes to take 
action to stop predators from working in all long-term care settings. 
It would close gaping loopholes in our current system of background 
checks through a nationwide expansion of a pilot program that Congress 
enacted as part of the Medicare Modernization Act of 2003.
  Under the MMA, the Centers for Medicare and Medicaid Services has 
been conducting a pilot program in seven states to implement efficient, 
equitable systems that cost-effectively screen out certain applicants 
for employment in long-term care facilities. Applicants excluded are 
those whose backgrounds include findings of substantiated abuse and/or 
a serious criminal history.
  The seven pilot States are Alaska, Idaho, Illinois, Michigan, Nevada, 
New Mexico and Wisconsin. These States have significant flexibility in 
several key areas under the grant. For example, each State establishes 
parameters for the definition of a ``direct patient access employee'' 
for workers who must be checked, and defines specific criteria for 
``disqualifying'' crimes that prohibit a long-term care employer from 
hiring workers with such histories.
  In other areas, the pilot States must meet Federal standards. They 
must cover a broad range of long-term care providers, including nursing 
homes, home health agencies and intermediate care facilities for the 
mentally retarded. States must require each applicant to submit a 
written statement disclosing any disqualifying information, and to 
authorize a State and national criminal record check.
  As is currently required under Federal law, providers must search any 
available registry that is likely to contain disqualifying information 
about an applicant. Forty-one States already require a criminal 
background check of some variety, mostly at the State level. The pilot 
States have integrated their systems to coordinate these checks in a 
single streamlined process and added a Federal background check through 
the FBI's Integrated Automated Fingerprint Identification System. 
Applicants who are subsequently found to have a record of substantiated 
abuse or a serious criminal history cannot be hired. But individuals 
who are denied employment can appeal the background check results. 
Finally, facilities can use the results of the background checks only 
for the purpose of determining suitability of employment.
  That is the basic structure of the pilot program that Congress 
enacted 4 years ago. Since then, we have learned important lessons from 
the pilot States' experiences. For example, federal funds have been 
used for a variety of purposes. States have used pilot funds to hire 
new staff to administer background checks; to purchase mobile digital 
scanners; to pay for the cost of fingerprint checks; to provide 
technical assistance to facilities; and to build online systems that 
applicants and providers can readily access, and which serve to 
integrate information from various registries and entities, and as 
storage and retrieval systems.
  States have passed legislation under the pilot program that treat 
disqualifying crimes somewhat differently. For example, Michigan has 
created a tiered system, under which certain disqualifying crimes carry 
time-limited prohibitions on working in long-term care facilities. By 
comparison, Wisconsin has chosen to enact legislation defining 
disqualifying crimes as those that carry a lifetime ban only. Alaska 
has established a ``variance'' process to permit certain individuals to 
work who have committed crimes but who have subsequently shown evidence 
of recovery. Similarly, in Idaho, some disqualifying crimes result in 
an ``unconditional'' denial that carries a lifetime ban on working in 
long-term care settings, while others result in ``conditional'' denials 
that apply to less serious crimes that may be waived under certain 
circumstances, following an ``exemption review'' by the Department of 
Health and Welfare.
  The data on results from the pilot programs are impressive. Among the 
seven States, Michigan's information is the most complete. In the first 
year of operation, Michigan excluded more than 3,000 people with 
records of abuse or a disqualifying criminal history. As of April 30, 
2007, 625 of these were excluded through a fingerprint check. Twenty-
five percent of these exclusions were identified through an FBI check 
only, a fact that State officials believe indicates that these 
individuals committed crimes in other States, or have been avoiding 
prosecution within the State. Information for Nevada, while less 
complete, suggests similar results. As of last December, Nevada was 
identifying an even higher percentage of individuals with criminal 
histories on the basis of an FBI check only.
  The director of Michigan's workforce background check program, Orlene 
Christie, recently testified before the Special Committee on Aging 
about the State's program. ``The applicants that have been excluded 
from employment are not the types of people Michigan could ever allow 
to work with our most vulnerable citizens,'' she said. ``We have 
prevented hardened criminals that otherwise would have access to our 
vulnerable population from employment.''
  Ms. Christie also noted that ``of the criminal history reports 
examined, fraudulent activity and controlled substance violations 
account for 25 percent of all disqualifying crimes. Fraudulent activity 
includes such things as embezzlement, identity theft, and credit card 
fraud. This is particularly alarming giving the projected increase in 
financial abuse of the elderly.''
  Importantly, Michigan has implemented a ``rap back'' system where the 
Michigan State Police notifies the health agency of any subsequent 
arrest, which in turn notifies the employer. This is a key component of 
the bill we are introducing today. It will allow the States, as well as 
the FBI, to ensure that an employer will be automatically notified as 
soon as a worker's criminal history record is updated.
  To find out what providers think of the pilot program, Idaho 
conducted a survey of participating facilities, which found 87 percent 
believed the background checks were successfully screening out workers 
who shouldn't be hired. Additionally, 63 percent said that the quality 
of employees hired has improved since the pilot began.
  The pilot program demonstrates that participating States are 
successfully excluding individuals who have a history of abuse or a 
disqualifying criminal background. If this model is expanded, the 
resulting nationwide system would greatly enhance the probability of 
identifying individuals with criminal backgrounds who can now easily 
escape detection. If all States had parallel, multi-level, 
comprehensive systems in place, very few potentially abusive workers 
would be hired into positions of caring for the extremely vulnerable 
residents of our Nation's long-term care facilities.
  The MMA pilot program is scheduled to end this September. I urge the 
Senate not to let this initiative simply expire. Rather, I hope that we 
will take the logical step of expanding on the success of this program, 
and provide limited federal funding for all other States to create 
similar programs. The Patient Safety and Abuse Prevention Act also lays 
out sensible standards for creating a nationwide system that will 
prevent predators, who now go undetected, from being hired into 
positions where they can harm society's most vulnerable people. I 
sincerely hope that all of my colleagues will join me in this effort.
  I ask unanimous consent that the bill and supporting material be 
printed in the Record.
  There being no objection, material was ordered to be printed in the 
Record, as follows:

                                S. 1577

       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 ``Patient Safety and Abuse 
     Prevention Act of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Frail elders are a highly vulnerable population who 
     often lack the ability to give

[[Page 15132]]

     consent or defend themselves. Since the best predictor of 
     future behavior is past behavior, individuals with histories 
     of abuse pose a definite risk to patients and residents of 
     long-term care facilities.
       (2) Every month, there are stories in the media of health 
     care employees who commit criminal misconduct on the job and 
     are later found, through a background check conducted after 
     the fact, to have a history of convictions for similar 
     crimes.
       (3) A 2006 study conducted by the Department of Health and 
     Human Services determined that--
       (A) criminal background checks are a valuable tool for 
     employers during the hiring process;
       (B) the use of criminal background checks during the hiring 
     process does not limit the pool of potential job applicants;
       (C) ``a correlation exists between criminal history and 
     incidences of abuse''; and
       (D) the long-term care industry supports the practice of 
     conducting background checks on potential employees in order 
     to reduce the likelihood of hiring someone who has potential 
     to harm residents.
       (4) In 2005, the Michigan Attorney General found that 10 
     percent of employees who were then providing services to 
     frail elders had criminal backgrounds.
       (5) In 2004, the staffs of State Adult Protective Services 
     agencies received more than 500,000 reports of elder and 
     vulnerable adult abuse, and an ombudsman report concluded 
     that more than 15,000 nursing home complaints involved abuse, 
     including nearly 4,000 complaints of physical abuse, more 
     than 800 complaints of sexual abuse, and nearly 1,000 
     complaints of financial exploitation;
       (6) The Department of Health and Human Services has 
     determined that while 41 States now require criminal 
     background checks on certified nurse aides prior to 
     employment, only half of those (22) require criminal 
     background checks at the Federal level.
       (b) Purposes.--The purposes of this Act are to--
       (1) create a coordinated, nationwide system of State 
     criminal background checks that would greatly enhance the 
     chances of identifying individuals with problematic 
     backgrounds who move across State lines;
       (2) stop individuals who have a record of substantiated 
     abuse, or a serious criminal record, from preying on helpless 
     elders and individuals with disabilities; and
       (3) provide assurance to long-term care employers and the 
     residents they care for that potentially abusive workers will 
     not be hired into positions of providing services to the 
     extremely vulnerable residents of our Nation's long-term care 
     facilities.

     SEC. 3. NATIONWIDE EXPANSION OF PILOT PROGRAM FOR NATIONAL 
                   AND STATE BACKGROUND CHECKS ON DIRECT PATIENT 
                   ACCESS EMPLOYEES OF LONG-TERM CARE FACILITIES 
                   OR PROVIDERS.

       Section 307 of the Medicare Prescription Drug, Improvement, 
     and Modernization Act of 2003 (42 U.S.C. 1395aa note) is 
     amended by adding at the end the following new subsection:
       ``(h) Nationwide Expansion Program.--
       ``(1) In general.--Beginning on the date of enactment of 
     the Patient Safety and Abuse Prevention Act of 2007, the 
     Secretary shall expand the pilot program under this section 
     to be conducted on a nationwide basis (in this subsection, 
     such expanded pilot program shall be referred to as the 
     `nationwide expansion program'). Except for the following 
     modifications, the provisions of this section shall apply to 
     the nationwide expansion program:
       ``(A) Agreements.--
       ``(i) Newly participating states.--The Secretary shall 
     enter into agreements with each State--

       ``(I) that the Secretary has not entered into an agreement 
     with under subsection (c)(1);
       ``(II) that agrees to conduct background checks under the 
     nationwide expansion program on a Statewide basis; and
       ``(III) that submits an application to the Secretary 
     containing such information and at such time as the Secretary 
     may specify.

       ``(ii) Certain previously participating states.--The 
     Secretary shall enter into agreements with each State--

       ``(I) that the Secretary has entered into an agreement with 
     under subsection (c)(1) in the case where such agreement did 
     not require the State to conduct background checks under the 
     pilot program established under subsection (a) on a Statewide 
     basis;
       ``(II) that agrees to conduct background checks under the 
     nationwide expansion program on a Statewide basis; and
       ``(III) that submits an application to the Secretary 
     containing such information and at such time as the Secretary 
     may specify.

       ``(B) Nonapplication of selection criteria.--The selection 
     criteria required under subsection (c)(3)(B) shall not apply.
       ``(C) Required fingerprint check as part of criminal 
     history background check.--The procedures established under 
     subsection (b)(1) shall require that the facility or provider 
     obtain State and national criminal history background checks 
     on the prospective employee utilizing a search of State and 
     Federal criminal history records and including a fingerprint 
     check using the Integrated Automated Fingerprint 
     Identification System of the Federal Bureau of Investigation.
       ``(D) Payments.--
       ``(i) Newly participating states.--

       ``(I) In general.--As part of the application submitted by 
     a State under subparagraph (A)(i)(III), the State shall 
     guarantee, with respect to the costs to be incurred by the 
     State in carrying out the nationwide expansion program, that 
     the State will make available (directly or through donations 
     from public or private entities) a particular amount of non-
     Federal contributions.
       ``(II) Federal match.--The payment amount to each State 
     that the Secretary enters into an agreement with under 
     subparagraph (A)(i) shall be 3 times the amount that the 
     State guarantees to make available under subclause (I), 
     except that in no case may the payment amount exceed 
     $3,000,000.

       ``(ii) Previously participating states.--

       ``(I) In general.--As part of the application submitted by 
     a State under subparagraph (A)(ii)(III), the State shall 
     guarantee, with respect to the costs to be incurred by the 
     State in carrying out the nationwide expansion program, that 
     the State will make available (directly or through donations 
     from public or private entities) a particular amount of non-
     Federal contributions.
       ``(II) Federal match.--The payment amount to each State 
     that the Secretary enters into an agreement with under 
     subparagraph (A)(ii) shall be 3 times the amount that the 
     State guarantees to make available under subclause (I), 
     except that in no case may the payment amount exceed 
     $1,500,000.

       ``(iii) No reservation for evaluation.--There shall be no 
     reservation of any portion of the payment amount provided 
     under clauses (i) or (ii) for conducting an evaluation.
       ``(E) Evaluations and report.--
       ``(i) Evaluations.--The Inspector General of the Department 
     of Health and Human Services shall conduct an annual 
     evaluation of the nationwide expansion program in each of 
     calendar years 2008 and 2009.
       ``(ii) Reports.--Not later than 6 months after completion 
     of the second year of the nationwide expansion program, the 
     Inspector General of the Department of Health and Human 
     Services shall submit a report to Congress containing the 
     results of the annual evaluations conducted under clause (i), 
     together with recommendations for the implementation of the 
     requirements of sections 1819(b)(9) and 1919(b)(9) of the 
     Social Security Act, as added by section (3)(a) of the 
     Patient Safety and Abuse Prevention Act of 2007.
       ``(2) Funding.--
       ``(A) Notification.--The Secretary shall notify the 
     Secretary of the Treasury of the amount necessary to carry 
     out the nationwide expansion program under this subsection 
     for the period of fiscal years 2008 through 2010, except that 
     in no case shall such amount exceed $156,000,000.
       ``(B) Transfer of funds.--Out of any funds in the Treasury 
     not otherwise appropriated, the Secretary of the Treasury 
     shall provide for the transfer to the Secretary of the amount 
     specified as necessary to carry out the nationwide expansion 
     program under subparagraph (A).''.

     SEC. 4. BACKGROUND CHECKS ON DIRECT PATIENT ACCESS EMPLOYEES 
                   OF LONG-TERM CARE FACILITIES AND PROVIDERS.

       (a) Screening of Skilled Nursing Facility and Nursing 
     Facility Employee Applicants.--
       (1) Medicare program.--
       (A) In general.--Section 1819(b) of the Social Security Act 
     (42 U.S.C. 1395i-3(b)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Screening of direct patient access employees.--
       ``(A) Screening and criminal history background checks on 
     applicants.--
       ``(i) Screening.--Beginning on January 1, 2011, before 
     hiring a direct patient access employee, a skilled nursing 
     facility shall screen the employee for any disqualifying 
     information in accordance with such procedures as the State 
     shall establish through a search of--

       ``(I) State-based abuse and neglect registries and 
     databases, including the abuse and neglect registries and 
     databases of another State in the case where a prospective 
     employee previously resided in that State; and
       ``(II) criminal records and the records of any proceedings 
     that may contain disqualifying information about applicants, 
     such as proceedings conducted by State professional licensing 
     and disciplinary boards and State medicaid fraud control 
     units.

       ``(ii) Criminal history background checks.--As part of such 
     screening, the skilled nursing facility shall request that 
     the State agency designated under subsection (e)(6)(E) 
     oversee the coordination of a State and national criminal 
     history background check that utilizes a search of State and 
     Federal criminal history records and includes a fingerprint 
     check using the Integrated Automated Fingerprint 
     Identification System of the Federal Bureau of Investigation.
       ``(iii) Use of procedures previously established.--Nothing 
     in this paragraph shall be construed as preventing a State 
     from using procedures established for purposes of the pilot 
     program for National and State

[[Page 15133]]

     background checks on direct patient access employees of long-
     term care facilities or providers under section 307 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003, or the nationwide expansion program under 
     subsection (h) of such section, to satisfy the requirements 
     of paragraph (6).
       ``(B) Prohibition on hiring of abusive workers.--
       ``(i) In general.--Subject to clause (ii), a skilled 
     nursing facility may not knowingly employ any direct patient 
     access employee who has any disqualifying information (as 
     defined in subparagraph (F)(ii)).
       ``(ii) Provisional employment.--Subject to clause (iii), 
     the State may permit a skilled nursing facility to provide 
     for a provisional period of employment (not to exceed 30 
     days) for a direct patient access employee--

       ``(I) pending completion of the screening and background 
     check required under subparagraph (A); and
       ``(II) in the case where the employee has appealed the 
     results of such screening and background check, pending 
     completion of the appeals process.

       ``(iii) Supervision.--The facility shall maintain direct 
     on-site supervision of the employee during such provisional 
     period of employment.
       ``(C) Procedures.--
       ``(i) In general.--The procedures established by the State 
     under subparagraph (A) shall be designed to accomplish the 
     following:

       ``(I) Give a prospective direct patient access employee 
     notice that the skilled nursing facility is required to 
     perform background checks with respect to new employees, 
     including a fingerprint check as part of the national 
     criminal history background check conducted under 
     subparagraph (A)(ii) in the case of any new employee who does 
     not have a certificate indicating that a fingerprint check 
     has been completed and has not found any disqualifying 
     information (as described in subclause (V)).
       ``(II) Require, as a condition of employment, that the 
     employee--

       ``(aa) provide a written statement disclosing any 
     disqualifying information;
       ``(bb) provide a statement signed by the employee 
     authorizing the facility to request a background check that 
     includes a search of the registries and databases described 
     in clause (i)(I) of subparagraph (A) and the records 
     described in clause (i)(II) of such subparagraph and a 
     criminal history background check conducted in accordance 
     with clause (ii) of such subparagraph that includes a 
     fingerprint check using the Integrated Automated Fingerprint 
     System of the Federal Bureau of Investigation;
       ``(cc) provide the facility with a rolled set of the 
     employee's fingerprints or submit to being fingerprinted; and
       ``(dd) provide any other identification information the 
     State may require.

       ``(III) Require the skilled nursing facility to check any 
     available registries that would be likely to contain 
     disqualifying information about a prospective employee, 
     including the registries and databases described in subclause 
     (I) of subparagraph (A)(i) and the records described in 
     clause (II) of such subparagraph.
       ``(IV) Provide a prospective direct patient access employee 
     the opportunity to request a copy of the results of the 
     background check conducted with respect to such employee and 
     to correct any errors by providing appropriate documentation 
     to the State and the facility.
       ``(V) Upon completion of a fingerprint check as part of the 
     national criminal history background check conducted with 
     respect to a direct patient access employee under 
     subparagraph (A)(ii), provide the skilled nursing facility 
     and the direct patient access employee with a certificate 
     indicating that such fingerprint check has been completed and 
     no disqualifying information was found. Such certificate 
     shall--

       ``(aa) be valid for 2 years; and
       ``(bb) in the case where such direct patient access 
     employee is hired by any other skilled nursing facility 
     located in the State during such 2-year period, satisfy the 
     requirement that such facility have a fingerprint check 
     conducted as part of such national criminal history 
     background check.
       ``(ii) Elimination of unnecessary checks.--The procedures 
     established by the State under subparagraph (A) shall permit 
     a skilled nursing facility to terminate the background check 
     at any stage at which the facility obtains disqualifying 
     information regarding a prospective direct patient access 
     employee.
       ``(iii) Development of model form of certificate.--The 
     Secretary shall develop a model form of the certificate 
     described in clause (i)(V) that States may use to satisfy the 
     requirements of such clause.
       ``(D) Use of information; immunity from liability.--
       ``(i) Use of information.--A skilled nursing facility that 
     obtains information about a direct patient access employee 
     pursuant to screening or a criminal history background check 
     shall use such information only for the purpose of 
     determining the suitability of the employee for employment.
       ``(ii) Immunity from liability.--A skilled nursing facility 
     that, in denying employment for an applicant, reasonably and 
     in good faith relies upon credible information about such 
     applicant provided by a criminal history background check 
     shall not be liable in any action brought by such applicant 
     based on the employment determination resulting from the 
     information.
       ``(iii) Prohibition on charging employees fees for 
     conducting background checks.--A skilled nursing facility 
     shall not charge a prospective direct patient access employee 
     a fee for the screening or criminal history background check 
     conducted under this paragraph.
       ``(E) Penalties.--
       ``(i) In general.--

       ``(I) State penalties.--Subject to subclause (II), a 
     skilled nursing facility that violates the provisions of this 
     paragraph shall be subject to such penalties as the State 
     determines appropriate to enforce the requirements of this 
     paragraph. A skilled nursing facility shall report to the 
     Secretary on a quarterly basis any penalties imposed by the 
     State under the preceding sentence.
       ``(II) Exclusion from participation.--In any case where the 
     Secretary determines that a State is not sufficiently 
     enforcing the requirements of this paragraph, the Secretary 
     may exclude a skilled nursing facility located within the 
     State that violates the provisions of this paragraph from 
     participating in the programs under this title and title XIX 
     (in accordance with the procedures of section 1128).

       ``(ii) Knowing retention of worker.--In addition to any 
     penalty under clause (i), a skilled nursing facility that 
     knowingly continues to employ a direct patient access 
     employee in violation of subparagraph (A) or (B) shall be 
     subject to a civil penalty in an amount not to exceed $5,000 
     for the first such violation, and $10,000 for the second and 
     each subsequent violation within any 5-year period.
       ``(F) Definitions.--In this paragraph:
       ``(i) Conviction for a relevant crime.--The term 
     `conviction for a relevant crime' means any Federal or State 
     criminal conviction for--

       ``(I) any offense described in section 1128(a); and
       ``(II) such other types of offenses, including violent 
     crimes, as the State may specify.

       ``(ii) Disqualifying information.--The term `disqualifying 
     information' means information about a conviction for a 
     relevant crime or a finding of substantiated patient or 
     resident abuse.
       ``(iii) Direct patient access employee.--The term `direct 
     patient access employee' means any individual who has access 
     to a patient or resident of a skilled nursing facility 
     through employment or through a contract with such facility 
     and has duties that involve (or may involve) one-on-one 
     contact with a patient or resident of the facility, as 
     determined by the State for purposes of this paragraph. Such 
     term does not include a volunteer unless the volunteer has 
     duties that are equivalent to the duties of a direct patient 
     access employee and those duties involve (or may involve) 
     one-on-one contact with a patient or resident of the 
     facility.''.
       (B) Conforming amendment.--Section 1819(e) of the Social 
     Security Act (42 U.S.C. 1395i-3(e)) is amended by adding at 
     the end the following new paragraph:
       ``(6) Screening of direct patient access employees.--
     Beginning on January 1, 2011, the State must--
       ``(A) have procedures in place for the conduct of screening 
     and criminal history background checks under subparagraph (A) 
     of subsection (b)(9), in accordance with the requirements of 
     subparagraph (C) of such subsection;
       ``(B) be responsible for monitoring compliance with the 
     procedures and requirements of such subsection;
       ``(C) as appropriate, provide for a provisional period of 
     employment of a direct patient access employee under clause 
     (ii) of subparagraph (B) of such subsection, including 
     procedures to ensure that a skilled nursing facility provides 
     direct on-site supervision of the employee in accordance with 
     clause (iii) of such subparagraph;
       ``(D) provide an independent process by which a provisional 
     employee or an employee may appeal or dispute the accuracy of 
     the information obtained in a background check performed 
     under such subsection; and
       ``(E) designate a single State agency as responsible for--
       ``(i) overseeing the coordination of any State and national 
     criminal history background checks requested by a skilled 
     nursing facility utilizing a search of State and Federal 
     criminal history records, including a fingerprint check of 
     such records;
       ``(ii) reviewing, using appropriate privacy and security 
     safeguards, the results of any State or national criminal 
     history background checks conducted regarding a prospective 
     direct patient access employee to determine whether the 
     employee has any conviction for a relevant crime;
       ``(iii) immediately reporting to the skilled nursing 
     facility that requested the criminal history background 
     checks the results of such review; and
       ``(iv) in the case of an employee with a conviction for a 
     relevant crime that is subject

[[Page 15134]]

     to reporting under section 1128E of the Social Security Act 
     (42 U.S.C. 1320a-7e), reporting the existence of such 
     conviction to the database established under that section;
       ``(F) have a system in place for determining and levying 
     appropriate penalties for violations of the provisions of 
     such subsection;
       ``(G) have a system in place for determining which 
     individuals are direct patient access employees for purposes 
     of subparagraph (F)(iii) of such subsection;
       ``(H) as appropriate, specify offenses, including violent 
     crimes, for purposes of subparagraph (F)(i)(II) of such 
     subsection; and
       ``(I) develop `rap back' capability such that, if a direct 
     patient access employee of a skilled nursing facility is 
     convicted of a crime following the initial criminal history 
     background check conducted with respect to such employee, and 
     the employee's fingerprints match the prints on file with the 
     State law enforcement department, the department will 
     immediately inform the State agency designated under 
     subparagraph (E).''.
       (2) Medicaid program.--
       (A) In general.--Section 1919(b) of the Social Security Act 
     (42 U.S.C. 1396r(b)) is amended by adding at the end the 
     following new paragraph:
       ``(9) Screening of direct patient access employees.--
       ``(A) Screening and criminal history background checks on 
     applicants.--
       ``(i) Screening.--Beginning on January 1, 2011, before 
     hiring a direct patient access employee, a nursing facility 
     shall screen the employee for any disqualifying information 
     in accordance with such procedures as the State shall 
     establish through a search of--

       ``(I) State-based abuse and neglect registries and 
     databases, including the abuse and neglect registries and 
     databases of another State in the case where a prospective 
     employee previously resided in that State; and
       ``(II) criminal records and the records of any proceedings 
     that may contain disqualifying information about applicants, 
     such as proceedings conducted by State professional licensing 
     and disciplinary boards and State medicaid fraud control 
     units.

       ``(ii) Criminal history background checks.--As part of such 
     screening, the nursing facility shall request that the State 
     agency designated under subsection (e)(6)(E) oversee the 
     coordination of a State and national criminal history 
     background check that utilizes a search of State and Federal 
     criminal history records and includes a fingerprint check 
     using the Integrated Automated Fingerprint Identification 
     System of the Federal Bureau of Investigation.
       ``(iii) Use of procedures previously established.--Nothing 
     in this paragraph shall be construed as preventing a State 
     from using procedures established for purposes of the pilot 
     program for National and State background checks on direct 
     patient access employees of long-term care facilities or 
     providers under section 307 of the Medicare Prescription 
     Drug, Improvement, and Modernization Act of 2003, or the 
     nationwide expansion program under subsection (h) of such 
     section, to satisfy the requirements of paragraph (6).
       ``(B) Prohibition on hiring of abusive workers.--
       ``(i) In general.--Subject to clause (ii), a nursing 
     facility may not knowingly employ any direct patient access 
     employee who has any disqualifying information (as defined in 
     subparagraph (F)(ii)).
       ``(ii) Provisional employment.--Subject to clause (iii), 
     the State may permit a nursing facility to provide for a 
     provisional period of employment (not to exceed 30 days) for 
     a direct patient access employee--

       ``(I) pending completion of the screening and background 
     check required under subparagraph (A); and
       ``(II) in the case where the employee has appealed the 
     results of such screening and background check, pending 
     completion of the appeals process.

       ``(iii) Supervision.--The facility shall maintain direct 
     on-site supervision of the employee during such provisional 
     period of employment.
       ``(C) Procedures.--
       ``(i) In general.--The procedures established by the State 
     under subparagraph (A) shall be designed to accomplish the 
     following:

       ``(I) Give a prospective direct patient access employee 
     notice that the nursing facility is required to perform 
     background checks with respect to new employees, including a 
     fingerprint check as part of the national criminal history 
     background check conducted under subparagraph (A)(ii) in the 
     case of any new employee who does not have a certificate 
     indicating that a fingerprint check has been completed and 
     has not found any disqualifying information (as described in 
     subclause (V))
       ``(II) Require, as a condition of employment, that the 
     employee--

       ``(aa) provide a written statement disclosing any 
     disqualifying information;
       ``(bb) provide a statement signed by the employee 
     authorizing the facility to request a background check that 
     includes a search of the registries and databases described 
     in clause (i)(I) of subparagraph (A) and the records 
     described in clause (i)(II) of such subparagraph and a 
     criminal history background check conducted in accordance 
     with clause (ii) of such subparagraph that includes a 
     fingerprint check using the Integrated Automated Fingerprint 
     System of the Federal Bureau of Investigation;
       ``(cc) provide the facility with a rolled set of the 
     employee's fingerprints or submit to being fingerprinted; and
       ``(dd) provide any other identification information the 
     State may require.

       ``(III) Require the nursing facility to check any available 
     registries that would be likely to contain disqualifying 
     information about a prospective employee, including the 
     registries and databases described in subclause (I) of 
     subparagraph (A)(i) and the records described in clause (II) 
     of such subparagraph.
       ``(IV) Provide a prospective direct patient access employee 
     the opportunity to request a copy of the results of the 
     background check conducted with respect to such employee and 
     to correct any errors by providing appropriate documentation 
     to the State and the nursing facility.
       ``(V) Upon completion of a fingerprint check as part of the 
     national criminal history background check conducted with 
     respect to a direct patient access employee under 
     subparagraph (A)(ii), provide the nursing facility and the 
     direct patient access employee with a certificate indicating 
     that such fingerprint check has been completed and no 
     disqualifying information was found. Such certificate shall--

       ``(aa) be valid for 2 years; and
       ``(bb) in the case where such direct patient access 
     employee is hired by any other nursing facility located in 
     the State during such 2-year period, satisfy the requirement 
     that such facility have a fingerprint check conducted as part 
     of such national criminal history background check.
       ``(ii) Elimination of unnecessary checks.--The procedures 
     established by the State under subparagraph (A) shall permit 
     a nursing facility to terminate the background check at any 
     stage at which the facility obtains disqualifying information 
     regarding a prospective direct patient access employee.
       ``(iii) Development of model form of certificate.--The 
     Secretary shall develop a model form of the certificate 
     described in clause (i)(V) that States may use to satisfy the 
     requirements of such clause.
       ``(D) Use of information; immunity from liability.--
       ``(i) Use of information.--A nursing facility that obtains 
     information about a direct patient access employee pursuant 
     to screening or a criminal history background check shall use 
     such information only for the purpose of determining the 
     suitability of the employee for employment.
       ``(ii) Immunity from liability.--A nursing facility that, 
     in denying employment for an applicant, reasonably and in 
     good faith relies upon credible information about such 
     applicant provided by a criminal history background check 
     shall not be liable in any action brought by such applicant 
     based on the employment determination resulting from the 
     information.
       ``(iii) Prohibition on charging employees fees for 
     conducting background checks.--A nursing facility shall not 
     charge a prospective direct patient access employee a fee for 
     the screening or criminal history background check conducted 
     under this paragraph.
       ``(E) Penalties.--
       ``(i) In general.--

       ``(I) State penalties.--Subject to subclause (II), a 
     nursing facility that violates the provisions of this 
     paragraph shall be subject to such penalties as the State 
     determines appropriate to enforce the requirements of this 
     paragraph. A nursing facility shall report to the Secretary 
     on a quarterly basis any penalties imposed by the State under 
     the preceding sentence.
       ``(II) Exclusion from participation.--In any case where the 
     Secretary determines that a State is not sufficiently 
     enforcing the requirements of this paragraph, the Secretary 
     may exclude a nursing facility located within the State that 
     violates the provisions of this paragraph from participating 
     in the programs under this title and title XVIII (in 
     accordance with the procedures of section 1128).

       ``(ii) Knowing retention of worker.--In addition to any 
     penalty under clause (i), a nursing facility that knowingly 
     continues to employ a direct patient access employee in 
     violation of subparagraph (A) or (B) shall be subject to a 
     civil penalty in an amount not to exceed $5,000 for the first 
     such violation, and $10,000 for the second and each 
     subsequent violation within any 5-year period.
       ``(F) Definitions.--In this paragraph:
       ``(i) Conviction for a relevant crime.--The term 
     `conviction for a relevant crime' means any Federal or State 
     criminal conviction for--

       ``(I) any offense described in section 1128(a); and
       ``(II) such other types of offenses, including violent 
     crimes, as the State may specify.

       ``(ii) Disqualifying information.--The term `disqualifying 
     information' means information about a conviction for a 
     relevant crime or a finding of substantiated patient or 
     resident abuse.
       ``(iii) Direct patient access employee.--The term `direct 
     patient access employee' means any individual who has access 
     to a patient or resident of a nursing facility

[[Page 15135]]

     through employment or through a contract with such facility 
     and has duties that involve (or may involve) one-on-one 
     contact with a patient or resident of the facility, as 
     determined by the State for purposes of this paragraph. Such 
     term does not include a volunteer unless the volunteer has 
     duties that are equivalent to the duties of a direct patient 
     access employee and those duties involve (or may involve) 
     one-on-one contact with a patient or resident of the 
     facility.''.
       (B) Conforming amendment.--Section 1919(e) of the Social 
     Security Act (42 U.S.C. 1396r(e)) is amended by adding at the 
     end the following new paragraph:
       ``(8) Screening of direct patient access employees.--
     Beginning on January 1, 2011, the State must--
       ``(A) have procedures in place for the conduct of screening 
     and criminal history background checks under subparagraph (A) 
     of subsection (b)(9), in accordance with the requirements of 
     subparagraph (C) of such subsection;
       ``(B) be responsible for monitoring compliance with the 
     procedures and requirements of such subsection;
       ``(C) as appropriate, provide for a provisional period of 
     employment of a direct patient access employee under clause 
     (ii) of subparagraph (B) of such subsection, including 
     procedures to ensure that a nursing facility provides direct 
     on-site supervision of the employee in accordance with clause 
     (iii) of such subparagraph;
       ``(D) provide an independent process by which a provisional 
     employee or an employee may appeal or dispute the accuracy of 
     the information obtained in a background check performed 
     under such subsection; and
       ``(E) designate a single State agency as responsible for--
       ``(i) overseeing the coordination of any State and national 
     criminal history background checks requested by a nursing 
     facility utilizing a search of State and Federal criminal 
     history records, including a fingerprint check of such 
     records;
       ``(ii) reviewing, using appropriate privacy and security 
     safeguards, the results of any State or national criminal 
     history background checks conducted regarding a prospective 
     direct patient access employee to determine whether the 
     employee has any conviction for a relevant crime;
       ``(iii) immediately reporting to the nursing facility that 
     requested the criminal history background checks the results 
     of such review; and
       ``(iv) in the case of an employee with a conviction for a 
     relevant crime that is subject to reporting under section 
     1128E of the Social Security Act (42 U.S.C. 1320a-7e), 
     reporting the existence of such conviction to the database 
     established under that section;
       ``(F) have a system in place for determining and levying 
     appropriate penalties for violations of the provisions of 
     such subsection;
       ``(G) have a system in place for determining which 
     individuals are direct patient access employees for purposes 
     of subparagraph (F)(iii) of such subsection;
       ``(H) as appropriate, specify offenses, including violent 
     crimes, for purposes of subparagraph (F)(i)(II) of such 
     subsection; and
       ``(I) develop `rap back' capability such that, if a direct 
     patient access employee of a nursing facility is convicted of 
     a crime following the initial criminal history background 
     check conducted with respect to such employee, and the 
     employee's fingerprints match the prints on file with the 
     State law enforcement department, the department will 
     immediately inform the State agency designated under 
     subparagraph (E).''.
       (b) Application to Other Long-Term Care Facilities or 
     Providers.--
       (1) Medicare.--Part E of title XVIII of the Social Security 
     Act (42 U.S.C. 1395x et seq.) is amended by adding at the end 
     the following:


 ``APPLICATION OF SKILLED NURSING FACILITY PREVENTIVE ABUSE PROVISIONS 
               TO LONG-TERM CARE FACILITIES AND PROVIDERS

       ``Sec. 1898.  (a) The provisions of section 1819(b)(9) 
     shall apply to a long-term care facility or provider (as 
     defined in subsection (b)) in the same manner as such 
     provisions apply to a skilled nursing facility.
       ``(b) Long-Term Care Facility or Provider.--In this 
     section, the term `long-term care facility or provider' means 
     the following facilities or providers which receive payment 
     for services under this title or title XIX:
       ``(1) A home health agency.
       ``(2) A provider of hospice care.
       ``(3) A long-term care hospital.
       ``(4) A provider of personal care services.
       ``(5) A provider of adult day care.
       ``(6) A residential care provider that arranges for, or 
     directly provides, long-term care services, including an 
     assisted living facility that provides a level of care 
     established by the Secretary.
       ``(7) An intermediate care facility for the mentally 
     retarded (as defined in section 1905(d)).''.
       (2) Medicaid.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a) is amended--
       (A) in paragraph (69), by striking ``and'' at the end;
       (B) in paragraph (70)(B)(iv), by striking the period at the 
     end and inserting ``; and''; and
       (C) by inserting after paragraph (70)(B)(iv) the following:
       ``(71) provide that the provisions of section 1919(b)(9) 
     apply to a long-term care facility or provider (as defined in 
     section 1898(b)) in the same manner as such provisions apply 
     to a nursing facility.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on January 1, 2011.
       (c) Payments.--
       (1) Procedures to reimburse costs of national background 
     check.--
       (A) In general.--The Secretary of Health and Human Services 
     shall establish procedures to reimburse the costs of 
     conducting national criminal history background checks under 
     sections 1819(b)(9), 1919(b)(9), 1898, and 1902(a)(71) of the 
     Social Security Act, as added by subsections (a)(1), (a)(2), 
     (b)(1), and (b)(2), respectively, through the following 
     mechanisms, in such proportion as the Secretary determines 
     appropriate:
       (i) By providing payments to skilled nursing facilities and 
     long-term care facilities or providers for costs incurred as 
     are attributable to the conduct of such national criminal 
     history background checks under such section 1819(b)(9).
       (ii) By making a payment, from sums appropriated therefore, 
     under section 1903(a) of the Social Security Act (42 U.S.C. 
     1396b(a)) to each State which has a plan approved under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), for 
     each quarter, beginning with the quarter commencing on 
     January 1, 2011, in an amount equal to 90 percent of the sums 
     expended with respect to costs incurred during such quarter 
     as are attributable to the conduct of such national criminal 
     history background checks under such section 1919(b)(9).
       (B) Funding for payments for costs incurred under medicare 
     program.--The Secretary of Health and Human Services shall 
     provide for the transfer, in appropriate part from the 
     Federal Hospital Insurance Trust Fund established under 
     section 1817 of the Social Security Act (42 U.S.C. 1395i) and 
     the Federal Supplementary Insurance Trust Fund established 
     under section 1841 of such Act (42 U.S.C. 1395t), of such 
     funds as are necessary to make payments under subparagraph 
     (A)(i) for fiscal year 2011 and each fiscal year thereafter.
       (C) Determination of appropriate proportion.--In 
     establishing the procedures under subparagraph (A), the 
     Secretary of Health and Human Services shall determine what 
     proportion of payments using the mechanisms described in such 
     subparagraph would result in an equitable allocation of the 
     costs of such reimbursement between the Medicare program 
     under title XVIII of the Social Security Act and the Medicaid 
     program under title XIX of such Act.
       (2) Ensuring no duplicative payments.--The procedures 
     established under paragraph (1)(A) shall ensure that no 
     duplicative payments are made for the costs of conducting 
     such national criminal history background checks, including 
     any duplication of payments made under the pilot program for 
     national and State background checks on direct patient access 
     employees of long-term care facilities or providers under 
     section 307 of the Medicare Prescription Drug, Improvement, 
     and Modernization Act of 2007, including the nationwide 
     expansion program under subsection (h) of such section, as 
     added by section 3.
       (3) Submission of costs incurred by facilities in 
     performing checks.--
       (A) In general.--The procedures established under paragraph 
     (1)(A) shall provide a process, such as through submission of 
     a bill, by which a skilled nursing facility, a nursing 
     facility, and a long-term care facility or provider may 
     submit information regarding the costs incurred by such 
     facility in conducting national criminal history background 
     checks under sections 1819(b)(9), 1919(b)(9), 1898, and 
     1902(a)(71) of the Social Security Act, as added by 
     subsections (a)(1), (a)(2), (b)(1), and (b)(2), respectively.
       (B) Model forms.--The Secretary of Health and Human 
     Services shall develop model forms that may be used by a 
     skilled nursing facility, a nursing facility, and a long-term 
     care facility or provider to submit a claim for reimbursement 
     of the costs described in paragraph (1)(A) that contains the 
     information described in subparagraph (A).
       (4) Regulations.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall promulgate regulations to carry out this 
     subsection.

     SEC. 5. BACKGROUND CHECKS PROVIDED BY THE FEDERAL BUREAU OF 
                   INVESTIGATION.

       (a) Development of Rap Back Capabilities.--
       (1) In general.--Not later than January 1, 2011, the 
     Director of the Federal Bureau of Investigation (in this 
     section referred to as the ``Director'') shall ensure that 
     the Integrated Automated Fingerprint Identification System of 
     the Federal Bureau of Investigation has the capacity to store 
     and retrieve fingerprints from its database.
       (2) Notification of conviction of direct patient access 
     employee.--In the case where a direct patient access employee 
     (as defined in subparagraph (F)(iii) of sections 1819(b)(9) 
     and 1919(b)(9) of the Social Security Act, as added by 
     section 4(a)) is convicted of a crime following the initial 
     national criminal history background check conducted

[[Page 15136]]

     with respect to such employee under such sections 1819(b)(9) 
     and 1919(b)(9), and the employee's fingerprint matches the 
     prints on file with the Federal Bureau of Investigation, the 
     Bureau shall inform the State law enforcement department, in 
     order for the State to inform the skilled nursing facility, 
     nursing facility, or long-term care facility or provider of 
     such conviction in accordance with the requirements of 
     sections 1819(e)(6)(I) and 1919(e)(8)(I) of the Social 
     Security Act, as added by section 4(a).
       (b) Reasonable Fee for National Criminal History Background 
     Checks Conducted on Employees of Long-Term Care Facilities.--
     The Director may charge a reasonable fee, in consultation 
     with the Secretary of Health and Human Services, for a 
     national criminal history background check using the 
     Integrated Automated Fingerprint Identification System of the 
     Federal Bureau of Investigation that is conducted under 
     section 1819(b)(9), 1919(b)(9), 1898, or 1902(a)(71) of the 
     Social Security Act, as added by subsections (a)(1), (a)(2), 
     (b)(1), and (b)(2) of section 4, respectively, that 
     represents the actual cost of conducting such national 
     criminal history background check.
                                  ____


 The Nursing Home Reform Act Turns Twenty: What Has Been Accomplished, 
                      and What Challenges Remain?

                          (By Orlene Christie)

       Thank you, Senators Kohl and Smith and the Senate Special 
     Committee on Aging for this opportunity to testify before you 
     today on Michigan's Workforce Background Check Program.
       My name is Orlene Christie, and I am the Director of the 
     Legislative and Statutory Compliance Office in the Michigan 
     Department of Community Health. I oversee the Workforce 
     Background Check Program.
       In 2004, Governor Jennifer Granholm and the Michigan 
     Department of Community Health (MDCH) Director Janet 
     Olszewski proposed strong requirements to assure the health 
     and safety of Michigan citizens in long-term care facilities. 
     This project is a priority for the Governor and the 
     Department Director. Working cooperatively with the Michigan 
     Legislature, the Office of Attorney General, and the Centers 
     for Medicaid and Medicare Services (CMS), Michigan 
     successfully implemented the Workforce Background Check 
     Program. Through a competitive process, Michigan secured from 
     CMS a $3.5 million grant to create an effective statewide 
     background check system.
       Through the passage of Public Acts 27 and 28 of 2006, 
     Michigan laws were enhanced and improved to require all 
     applicants for employment that would have direct access to 
     our most vulnerable populations--the elderly and disabled--to 
     undergo a background check. Additionally, all employees who 
     were hired before the effective date of April 1, 2006, would 
     need to be fingerprinted within 24 months of the enactment of 
     the laws.
       Before the new laws were passed, only some employees in 
     nursing homes, county medical care facilities, homes for the 
     aged, and adult foster care facilities required some type of 
     background check. Prior to 2006, the background checks were 
     less comprehensive and primarily included a ``name-based'' 
     check of the Internet Criminal History Tool (ICHAT). The FBI 
     fingerprint check was only required for employees residing in 
     Michigan for less than three (3) years. The previous law also 
     did not require all employees with direct access to residents 
     in long-term care facilities to undergo a background check. 
     Further, for those persons who were subject to a background 
     check, there was no systematic process across the multiple 
     health and human service agencies to conduct the checks, to 
     disseminate findings, or to follow through on results.
       With Michigan's expansion of the laws, all individuals with 
     direct access to residents' personal information, financial 
     information, medical records, treatment information or any 
     other identifying information are now also required to be 
     part of Michigan's Workforce Background Check Program in 
     addition to individuals providing direct services to 
     patients. The scope of the checks was also enhanced to 
     include hospice, psychiatric hospitals, and hospitals with 
     swing beds, home health, and intermediate care facility/
     mental retardation (ICFs/MR).


                      how our program/system works

       Michigan created a Web based application that integrates 
     the databases for the available registries and provides a 
     convenient and effective mechanism for conducting criminal 
     history checks on prospective employees, current employees, 
     independent contractors and those granted clinical privileges 
     in facilities and agencies covered under the new laws.
       Further, the online workforce background check system is 
     designed to eliminate unnecessary fingerprinting through a 
     screening process.
       As of April 1, 2006, 98,625 applicants had been screened 
     through Michigan's Workforce Background Check Program. Of the 
     61,474 applicants that prompted the full background check, 
     3,262 were deemed unemployable and excluded from potential 
     hiring pools due to information found on state lists such as 
     ICHAT, (U.S. HHS Exclusion List) OIG exclusion list, the 
     nurse aid registry, the sex offender registry, the offender 
     tracking information system, and the FBI list.
       The applicants that have been excluded from employment are 
     not the types of people Michigan could ever allow to work 
     with our most vulnerable citizens. We have prevented hardened 
     criminals that otherwise would have access to our vulnerable 
     population from employment.
       As Michigan's demographic profile mirrors that of the 
     nation, the offenses that disqualify individuals from 
     employment in long-term care under the new laws are expected 
     to also be similar across the United States.
       Of the criminal history reports examined, fraudulent 
     activity and controlled substance violations account for 25 
     percent of all disqualifying crimes. Fraudulent activity 
     includes such things as embezzlement, identity theft, and 
     credit card fraud. This is particularly alarming giving the 
     projected increase in financial abuse of the elderly.
       Accessible to long-term care providers through a secure ID 
     and password, a provider is easily able to log onto the 
     workforce background check online system to conduct a check 
     of a potential employee. If no matches are found on the 
     registries, the applicant goes to an independent vendor for a 
     digital live scan of their fingerprints. The prints are then 
     submitted to the Michigan State Police and then to the FBI. 
     If there is a ``hit'' on the state or national database 
     search, a notice is sent to either the Michigan Department of 
     Community Health or the Michigan Department of Human Services 
     for staff analysts to examine the applicant's criminal 
     history.
       Michigan has also implemented a ``rap back'' system where 
     the Michigan State Police notifies one of the two state 
     agencies of a subsequent arrest and in turn the agency 
     notifies the employer. This way we can ensure that in real 
     time, as soon as the criminal history record is updated 
     (arrest, charge or conviction), the department and employer 
     are also notified.


                               conclusion

       As a result of Michigan's Workforce Background Check 
     Program, the health and safety of Michigan's vulnerable 
     population is protected by ensuring that adequate safeguards 
     are in place for background screenings of direct care service 
     workers.
       While the vast majority of health care workers are 
     outstanding individuals who do a wonderful job caring for 
     people in need, we are extremely pleased that Michigan's 
     Workforce Background Check Program has stopped more than 
     3,000 people with criminal histories from possibly preying on 
     our most vulnerable citizens. By building an appeals process, 
     we have also developed a fair system for reviewing inaccurate 
     criminal records or convictions.
       As you can see, Michigan has been leading the way in the 
     area of employee background checks. As I indicated, this 
     project has been a priority of Governor Jennifer Granholm and 
     Michigan Department of Community Health Director Janet 
     Olszewski. We appreciate this opportunity to share this 
     information with you today and look forward to our continued 
     cooperation on this vital topic.
       Thank you.
                                  ____



                                                       NCCNHR,

                                     Washington, DC, May 16, 2007.
     Hon. Herb Kohl,
     Chairman, Special Committee on Aging,
     U.S. Senate, Washington, DC.
       Dear Senator Kohl: NCCNHR, The National Consumer Voice for 
     Quality Long-Term Care, strongly endorses and supports the 
     Patient Safety and Abuse Prevention Act of 2007.
       The Patient Safety and Abuse Prevention Act would close 
     critical loopholes in the protection of nursing home 
     residents and other long-term care recipients by requiring 
     national criminal background checks on all workers who have 
     direct access to residents. Today, in most states, long-term 
     care providers are not required to conduct interstate 
     criminal background checks on any workers, and where 
     background checks are carried out, they are usually confined 
     to nursing assistants. Enactment of your legislation will 
     ensure that both licensed and unlicensed workers with 
     histories of criminal abuse do not move from job to job and 
     state to state while continuing to injure and exploit their 
     vulnerable charges.
       NCCNHR and its members across the United States wish to 
     thank you for pursuing this important legislation, and we 
     look forward to working with you to ensure its passage.
           Sincerely,
     Alice H. Hedt,
       Executive Director.
     Janet C. Wells,
       Director of Public Policy.
                                  ____



                                                         AARP,

                                     Washington, DC, June 6, 2007.
     Hon. Herbert H. Kohl,
     U.S. Senate,
     Washington, DC.
       Dear Senator Kohl: AARP is very pleased to support the 
     bipartisan Patient Safety and Abuse Prevention Act of 2007 
     that you are sponsoring with Senator Domenici. We truly 
     appreciate your leadership and applaud your advocacy for 
     national criminal background checks for long-term care 
     employees.

[[Page 15137]]

       Individuals with criminal convictions or histories of abuse 
     can pose a significant risk to persons receiving long-term 
     care. A system of national criminal background checks is 
     especially critical, given the mobility of today's workers, 
     the turnover in the long-term care workforce, and the fact 
     that it is not unusual for individuals to work in multiple 
     states.
       Your bill takes important steps to protect individuals in 
     both home-and community-based and institutional settings by 
     establishing a system of screening and national criminal 
     history background checks, including an FBI fingerprint 
     check. These background checks would apply to employees of 
     long-term care providers receiving Medicare or Medicaid funds 
     whose duties involve or may involve one-on-one contact with 
     individuals receiving long-term care. Penalties would apply 
     if providers knowingly hire or continue to employ an 
     individual with a conviction for a relevant crime or a 
     finding of substantiated abuse of an individual receiving 
     long-term care.
       This legislation builds on the framework of the criminal 
     background check pilot program included in the Medicare 
     Modernization Act and gives states resources to put in place 
     the infrastructure for criminal background checks. This bill 
     includes many important provisions, and we want to continue 
     working with you to ensure that long-term care employers 
     provide adequate direct supervision of employees during 
     provisional employment or an appeal. In addition, we want to 
     improve the balance in accountability between states and 
     providers in the legislation. We appreciate your willingness 
     to work with AARP on this bill.
       This bill would make significant strides in protecting 
     individuals across the country receiving long-term care 
     services and we look forward to working with you and your 
     colleagues on both sides of the aisle to advance this 
     important initiative. If there are any further questions, 
     please feel free to call me or have your staff contact Rhonda 
     Richards of our Federal Affairs staff.
           Sincerely,

                                              David P. Sloane,

                              Senior Managing Director, Government
     Relations and Advocacy.
                                  ____

                                               State of Wisconsin,


                            Board on Aging and Long Term Care,

                                        Madison, WI, May 16, 2007.
     Hon. Herb Kohl,
     Chairman, Special Committee on Aging,
     Washington, DC.
       Dear Senator Kohl: On behalf of the Wisconsin Board on 
     Aging and Long Term Care, I am pleased to express our support 
     for the Patient Safety and Abuse Prevention Act of 2007.
       The Patient Safety and Abuse Prevention Act would offer 
     substantially increased protection for consumers of long-term 
     care by requiring a national criminal background check on all 
     caregivers who come into direct contact with residents. 
     Today, long-term care providers often are not required to do 
     interstate criminal background checks on workers. Where 
     background checks are done, they are often limited to nursing 
     assistants. This overlooks the possibility that licensed 
     professional staff and ancillary workers such as dietary or 
     housekeeping staff who may have criminal histories could be 
     employed to deliver resident care. It is imperative that 
     Congress ensure that workers with histories of criminal abuse 
     cannot move from state to state with impunity while 
     continuing to work in a ``target-rich environment.''
       As well, the bill's provisions addressing the need for 
     assistance by CMS in funding the costs of obtaining the 
     interstate background checks and the requirement that states 
     notify employers of subsequent offenses by previously cleared 
     workers are welcome additions to the system. These provisions 
     will tighten the net and make it even more difficult for 
     workers with backgrounds of criminal misappropriation of 
     property, abuse, and neglect to find a place providing care 
     to our vulnerable elders.
       As the Executive Director of the Wisconsin Board on Aging 
     and Long Term Care, I thank you for pursuing this important 
     legislation, and I look forward to working with you to ensure 
     its passage.
           Sincerely,
                                              George F. Potaracke,
     Executive Director.
                                  ____



                                  The Elder Justice Coalition,

                                     Washington, DC, June 7, 2007.
     Hon. Herbert H. Kohl,
     Chairman, Special Committee on Aging,
     U.S. Senate, Washington, DC.
       Dear Chairman Kohl: On behalf of the 542-member Elder 
     Justice Coalition (EJC), I applaud you on the planned 
     introduction of the Patient Safety and Abuse Prevention Act 
     of 2007. The Elder Justice Coalition has long supported your 
     efforts to secure passage of legislation to ensure that 
     employees of long-term care facilities or providers do not 
     have criminal records or other histories of abusive conduct 
     that could lead to endangering facility residents and others 
     receiving long-term care.
       Since the Elder Justice Act, as introduced in the 110th 
     Congress (S. 1070), does not include background check 
     provisions, we are pleased that you will be introducing this 
     important bill. We commend your leadership and steadfast 
     commitment to protecting individuals who need long-term care 
     from abuse, neglect, and exploitation, and for your 
     leadership on other issues concerning the nation's older 
     population.
       Thank you also for being an original co-sponsor of the 
     Elder Justice Act. Please let us know how we can be 
     supportive of your continued work for elder justice.
           Sincerely,
                                               Robert B. Blancato,
                                             National Coordinator.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Stevens):
  S. 1578. A bill to amend the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 to establish vessel ballast water 
management requirements, and or other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, the United States has more than 95,000 
miles of coastline, and its ocean territory is larger than the combined 
land area of all 50 States. We rely on our oceans for such diverse 
benefits as recreation, food, transportation, and energy. All 
Americans, regardless of whether they reside in the Nation's heartland 
or along the coast, are impacted by the ocean.
  That is why I rise today, joined by Vice Chairman Ted Stevens and 
several other Commerce Committee colleagues, in introducing a group of 
bills to provide for sustainable use and protection of our ocean and 
coastal areas.
  Our oceans and coasts provide us with tremendous economic and 
recreational opportunities. It is critical that use of ocean resources 
and coasts is sustainable and that we address the many existing and 
emerging risks to their well-being. As the U.S. Commission on Ocean 
Policy has thoroughly documented, our oceans and coasts are faced with 
many threats, including those posed by pollution, increasing population 
growth and coastal development, overfishing, climate change, and ocean 
acidification. All of the bills my colleagues and I are introducing 
today implement recommendations of the Ocean Commission.
  First, the Coral Reef Conservation Amendments Act of 2007 would 
reauthorize the Coral Reef Conservation Act of 2000 and provide 
critical authorities for preserving, restoring, and managing in a 
sustainable manner our coral reef ecosystems. Coral reefs are one of 
the oldest and most diverse ecosystems on the planet, and they provide 
environmental and economic benefits such as shoreline protection as 
well as critical habitat for approximately half of all federally-
managed fisheries.
  Second, the Hydrographic Services Improvement Act Amendments of 2007 
would reauthorize and strengthen authorities to survey and analyze the 
physical condition of our Nation's coasts and waterways, along with 
elements that impact safe navigation. Conducting surveys of our 
Nation's coasts and waterways is a core mission for the National 
Oceanic and Atmospheric Administration and provides valuable services 
to the maritime industry and to Federal agencies responsible for 
maritime transportation, homeland security, and emergency response.
  Third, the Ballast Water Management Act of 2007 would amend the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 and 
establish ballast water management requirements to mitigate the 
introduction and spread of invasive species from ships. The bill would 
also seek to prevent the introduction of invasive species from ship 
equipment or hulls. Invasive species brought into the United States 
from other countries have caused billions of dollars in damage to the 
U.S. economy.
  In addition to the initiatives I have highlighted, a number of other 
ocean-related bills are being introduced today by colleagues on the 
Commerce Committee. These include a bill by Senator Lautenberg to 
establish a much-needed Federal program to conduct research, 
monitoring, and education to examine the processes and consequences of 
ocean acidification, and a bill by Senator Snowe to reauthorize the 
Coastal Zone Management Act.
  This week we celebrate Capitol Hill Ocean Week. Many organizations 
and agencies are using this opportunity to

[[Page 15138]]

educate and raise public awareness about the impact of our oceans on 
our society and economy. The bills that my colleagues and I are 
introducing today address many of those needs being highlighted. I urge 
my Senate colleagues to support the Commerce Committee's bipartisan 
efforts to improve the health and management of our oceans and coasts.
  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. 1578

       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 ``Ballast Water Management Act 
     of 2007''.

     SEC. 2. FINDINGS.

       Section 1002(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4701(a)) is 
     amended--
       (1) by redesignating paragraphs (14) and (15) as paragraphs 
     (15) and (16);
       (2) by inserting after paragraph (13) the following:
       ``(14) aquatic nuisance species may be introduced by other 
     vessel conduits, including the hulls of ships;
       (3) by striking ``inland lakes and rivers by recreational 
     boaters, commercial barge traffic, and a variety of other 
     pathways; and'' in paragraph (15), as redesignated, and 
     inserting ``other areas of the United States, including 
     coastal areas, inland lakes, and rivers by recreational 
     boaters, commercial traffic, and a variety of other 
     pathways;'';
       (4) by inserting ``nongovernmental entities, institutions 
     of higher education, and the private sector,'' after 
     ``governments,'' in paragraph (16), as redesignated;
       (5) by striking ``technologies.'' in paragraph (16), as 
     redesignated, and inserting ``technologies;''; and
       (6) adding at the end the following:
       ``(17) in 2004, the International Maritime Organization 
     agreed to a Convention, which the United States played an 
     active role in negotiating, to prevent, minimize, and 
     ultimately eliminate the transfer of aquatic nuisance species 
     through the control and management of ballast water and 
     sediments;
       ``(18) the International Maritime Organization agreement 
     specifically recognizes that countries can take more 
     stringent measures than those of the Convention with respect 
     to the control and management of ships' ballast water and 
     sediment; and
       ``(19) due to the interstate nature of maritime 
     transportation and the ways by which aquatic nuisance species 
     may be transferred by vessels, a comprehensive and uniform 
     national approach for addressing vessel-borne aquatic 
     nuisance species is needed to address this issue 
     effectively.''.

     SEC. 3. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE SPECIES.

       (a) In General.--Section 1101 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) 
     is amended to read as follows:

     ``SEC. 1101. MANAGEMENT OF VESSEL-BORNE AQUATIC NUISANCE 
                   SPECIES.

       ``(a) Statement of Purpose; Vessels to Which This Section 
     Applies.--
       ``(1) Purposes.--The purposes of this section are--
       ``(A) to provide an effective, comprehensive, and uniform 
     national approach for addressing the introduction and spread 
     of aquatic nuisance species from ballast water and other 
     ship-borne vectors;
       ``(B) to require, as part of that approach, mandatory 
     treatment technology, with the ultimate goal of achieving 
     zero discharge of aquatic nuisance species;
       ``(C) to create incentives for the development of ballast 
     water treatment technologies;
       ``(D) to implement the International Convention for the 
     Control and Management of Ships' Ballast Water and Sediments, 
     adopted by the International Maritime Organization in 2004; 
     and
       ``(E) to establish a management approach for other ship-
     borne vectors of aquatic nuisance species.
       ``(2) In general.--Except as provided in paragraphs (3), 
     (4), (5), and (6) this section applies to a vessel that is 
     designed, constructed, or adapted to carry ballast water; and
       ``(A) is a vessel of United States registry or nationality, 
     or operated under the authority of the United States, 
     wherever located; or
       ``(B) is a foreign vessel that--
       ``(i) is en route to a United States port or place; or
       ``(ii) has departed from a United States port or place and 
     is within waters subject to the jurisdiction of the United 
     States.
       ``(3) Permanent ballast water vessels.--Except as provided 
     in paragraph (6), this section does not apply to a vessel 
     that carries all of its permanent ballast water in sealed 
     tanks and is not subject to discharge.
       ``(4) Armed forces vessels.--
       ``(A) Exemption.--Except as provided in subparagraph (B) 
     and paragraph (6), this section does not apply to a vessel of 
     the Armed Forces.
       ``(B) Ballast water management program.--The Secretary and 
     the Secretary of Defense, after consultation with each other 
     and with the Under Secretary of Commerce for Oceans and 
     Atmosphere, the Administrator of the Environmental Protection 
     Agency, and other appropriate Federal agencies as determined 
     by the Secretary, shall implement a ballast water management 
     program, including the promulgation of standards for ballast 
     water exchange and treatment and for sediment management, for 
     vessels of the Armed Forces under their respective 
     jurisdictions designed, constructed, or adapted to carry 
     ballast water that is--
       ``(i) consistent with the requirements of this section, 
     including the deadlines; and
       ``(ii) at least as stringent as the requirements 
     promulgated for such vessels under section 312 of the Clean 
     Water Act (33 U.S.C. 1322).
       ``(5) Special rule for small vessels.--In applying this 
     section to vessels less than 50 meters in length that have a 
     maximum ballast water capacity of 8 cubic meters, the 
     Secretary may promulgate alternative measures for managing 
     ballast water in a manner that is consistent with the 
     purposes of this Act.
       ``(6) Other sources of vessel-borne aquatic nuisance 
     species.--Measures undertaken by the Secretary under 
     subsection (s) shall apply to all vessels (as defined in 
     section 3 of title 1, United States Code).
       ``(b) Uptake and Discharge of Ballast Water or Sediment.--
       ``(1) Prohibition.--The operator of a vessel to which this 
     section applies may not conduct the uptake or discharge of 
     ballast water or sediment except as provided in this section.
       ``(2) Exceptions.--Paragraph (1) does not apply to the 
     uptake or discharge of ballast water or sediment in the 
     following circumstances:
       ``(A) The uptake or discharge is solely for the purpose 
     of--
       ``(i) ensuring the safety of the vessel in an emergency 
     situation; or
       ``(ii) saving a life at sea.
       ``(B) The uptake or discharge is accidental and the result 
     of damage to the vessel or its equipment and--
       ``(i) all reasonable precautions to prevent or minimize 
     ballast water and sediment discharge have been taken before 
     and after the damage occurs, the discovery of the damage, and 
     the discharge; and
       ``(ii) the owner or officer in charge of the vessel did not 
     willfully or recklessly cause the damage.
       ``(C) The uptake or discharge is solely for the purpose of 
     avoiding or minimizing the discharge from the vessel of 
     pollution that would otherwise violate applicable Federal or 
     State law.
       ``(D) The uptake or discharge of ballast water and sediment 
     occurs at the same location where the whole of that ballast 
     water and that sediment originated and there is no mixing 
     with ballast water and sediment from another area that has 
     not been managed in accordance with the requirements of this 
     section.
       ``(c) Vessel Ballast Water Management Plan.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies shall conduct all ballast water management 
     operations of that vessel in accordance with a ballast water 
     management plan designed to minimize the discharge of aquatic 
     nuisance species that--
       ``(A) meets the requirements prescribed by the Secretary by 
     regulation; and
       ``(B) is approved by the Secretary.
       ``(2) Approval criteria.--
       ``(A) In general.--The Secretary may not approve a ballast 
     water management plan unless the Secretary determines that 
     the plan--
       ``(i) describes in detail the actions to be taken to 
     implement the ballast water management requirements 
     established under this section;
       ``(ii) describes in detail the procedures to be used for 
     disposal of sediment at sea and on shore in accordance with 
     the requirements of this section;
       ``(iii) describes in detail safety procedures for the 
     vessel and crew associated with ballast water management;
       ``(iv) designates the officer on board the vessel in charge 
     of ensuring that the plan is properly implemented;
       ``(v) contains the reporting requirements for vessels 
     established under this section and a copy of each form 
     necessary to meet those requirements;
       ``(vi) incorporates regulatory requirements, guidance, and 
     best practices developed under subsection (s) for other 
     vessel pathways by which aquatic nuisance species are 
     transported; and
       ``(vii) meets all other requirements prescribed by the 
     Secretary.
       ``(B) Foreign vessels.--The Secretary may approve a ballast 
     water management plan for a foreign vessel (as defined in 
     section 2101(12) of title 46, United States Code) on the 
     basis of a certificate of compliance with the criteria 
     described in subparagraph (A) issued by the vessel's country 
     of registration in accordance with regulations promulgated by 
     the Secretary.

[[Page 15139]]

       ``(3) Copy of plan on board vessel.--The owner or operator 
     of a vessel to which this section applies shall--
       ``(A) maintain a copy of the vessel's ballast water 
     management plan on board at all times; and
       ``(B) keep the plan readily available for examination by 
     the Secretary at all reasonable times.
       ``(d) Vessel Ballast Water Record Book.--
       ``(1) In general.--The owner or operator of a vessel to 
     which this section applies shall maintain a ballast water 
     record book in English on board the vessel in which--
       ``(A) each operation involving ballast water or sediment 
     discharge is fully recorded without delay, in accordance with 
     regulations promulgated by the Secretary;
       ``(B) each such operation is described in detail, including 
     the location and circumstances of, and the reason for, the 
     operation; and
       ``(C) the exact nature and circumstances of any situation 
     under which any operation was conducted under an exception 
     set forth in subsection (b)(2) or (e)(3) is described.
       ``(2) Availability.--The ballast water record book--
       ``(A) shall be kept readily available for examination by 
     the Secretary at all reasonable times; and
       ``(B) notwithstanding paragraph (1), may be kept on the 
     towing vessel in the case of an unmanned vessel under tow.
       ``(3) Retention period.--The ballast water record book 
     shall be retained--
       ``(A) on board the vessel for a period of 3 years after the 
     date on which the last entry in the book is made; and
       ``(B) under the control of the vessel's owner for an 
     additional period of 3 years.
       ``(4) Regulations.--In the regulations prescribed under 
     this section, the Secretary shall require, at a minimum, 
     that--
       ``(A) each entry in the ballast water record book be signed 
     and dated by the officer in charge of the ballast water 
     operation recorded;
       ``(B) each completed page in the ballast water record book 
     be signed and dated by the master of the vessel; and
       ``(C) the owner or operator of the vessel transmit such 
     information to the Secretary regarding the ballast operations 
     of the vessel as the Secretary may require.
       ``(5) Alternative means of recordkeeping.--The Secretary 
     shall provide by regulation for alternative methods of 
     recordkeeping, including electronic recordkeeping, to comply 
     with the requirements of this subsection. Any electronic 
     recordkeeping method authorized by the Secretary shall 
     support the inspection and enforcement provisions of this Act 
     and shall comply with applicable standards of the National 
     Institute of Standards and Technology and the Office of 
     Management and Budget governing reliability, integrity, 
     identity authentication, and nonrepudiation of stored 
     electronic data.
       ``(e) Ballast Water Exchange Requirements.--
       ``(1) In general.--
       ``(A) Requirement.--Until a vessel is required to conduct 
     ballast water treatment in accordance with subsection (f) of 
     this section, the operator of a vessel to which this section 
     applies may not discharge ballast water in waters subject to 
     the jurisdiction of the United States except after--
       ``(i) conducting ballast water exchange as required by this 
     subsection, in accordance with regulations prescribed by the 
     Secretary, in a manner that results in an efficiency of at 
     least 95 percent volumetric exchange of the ballast water for 
     each ballast water tank;
       ``(ii) using ballast water treatment technology that meets 
     the performance standards of subsection (f); or
       ``(iii) using environmentally-sound alternative ballast 
     water treatment technology, if the Secretary determines that 
     such treatment technology is at least as effective as the 
     ballast water exchange required by clause (i) in preventing 
     and controlling the introduction of aquatic nuisance species.
       ``(B) Technology efficacy.--For purposes of this paragraph, 
     a ballast water treatment technology shall be considered to 
     be at least as effective as the ballast water exchange 
     required by clause (i) in preventing and controlling the 
     introduction of aquatic nuisance species if preliminary 
     experiments prior to installation of the technology aboard 
     the vessel demonstrate that the technology removed at least 
     98 percent of organisms larger than 50 microns.
       ``(2) Guidance; 5-year usage.--
       ``(A) Guidance.--Within 1 year after the date of enactment 
     of the Ballast Water Management Act of 2007, after public 
     notice and opportunity for comment, the Secretary shall 
     develop guidance on technology that may be used under 
     paragraph (1)(A)(iii).
       ``(B) 5-year usage.--The Secretary shall allow a vessel 
     using environmentally-sound alternative ballast water 
     treatment technology under paragraph (1)(A)(iii) to continue 
     to use that technology for 5 years after the date on which 
     the environmentally-sound alternative ballast water treatment 
     technology was first placed in service on the vessel, or the 
     date on which treatment requirements under subsection (f) 
     become applicable, whichever is later.
       ``(3) Exchange areas.--
       ``(A) Vessels outside the united states eez.--The operator 
     of a vessel en route to a United States port or place from a 
     port or place outside the United States exclusive economic 
     zone shall conduct ballast water exchange--
       ``(i) before arriving at a United States port or place;
       ``(ii) at least 200 nautical miles from the nearest point 
     of land; and
       ``(iii) in water at least 200 meters in depth.
       ``(B) Coastal voyages.--In lieu of using an exchange zone 
     described in subparagraph (A)(ii) or (iii), the operator of a 
     vessel originating from a port or place within waters subject 
     to the jurisdiction of the United States, or from a port 
     within 200 nautical miles of the United States in Canada, 
     Mexico, or other ports designated by the Secretary for 
     purposes of this section, and which does not voyage into 
     waters described in subparagraph (A)(ii) or (iii), shall 
     conduct ballast water exchange--
       ``(i) at least 50 nautical miles from the nearest point of 
     land; and
       ``(ii) in water at least 200 meters in depth.
       ``(4) Safety or stability exception.--
       ``(A) Secretarial determination.--Paragraph (3) does not 
     apply to the discharge of ballast water if the Secretary 
     determines that compliance with that paragraph would threaten 
     the safety or stability of the vessel, its crew, or its 
     passengers because of the design or operating characteristics 
     of the vessel.
       ``(B) Master of the vessel determination.--Paragraph (3) 
     does not apply to the discharge of ballast water if the 
     master of a vessel determines that compliance with that 
     paragraph would threaten the safety or stability of the 
     vessel, its crew, or its passengers because of adverse 
     weather, equipment failure, or any other relevant condition.
       ``(C) Notification required.--Whenever the master of a 
     vessel is unable to comply with the requirements of paragraph 
     (3) because of a determination made under subparagraph (B), 
     the master of the vessel shall--
       ``(i) notify the Secretary as soon as practicable 
     thereafter but no later than 24 hours after making that 
     determination and shall ensure that the determination, the 
     reasons for the determination, and the notice are recorded in 
     the vessel's ballast water record book; and
       ``(ii) undertake ballast water exchange--

       ``(I) in an alternative area that may be designated by the 
     Secretary, after consultation with the Undersecretary, and 
     other appropriate Federal agencies as determined by the 
     Secretary, and representatives of States the waters of which 
     may be affected by the discharge of ballast water; or
       ``(II) undertake discharge of ballast water in accordance 
     with paragraph (6) if safety or stability concerns prevent 
     undertaking ballast water exchange in the alternative area.

       ``(D) Review of circumstances.--If the master of a vessel 
     conducts a ballast water discharge under the provisions of 
     this paragraph, the Secretary shall review the circumstances 
     to determine whether the discharge met the requirements of 
     this paragraph. The review under this clause shall be in 
     addition to any other enforcement authority of the Secretary.
       ``(5) Discharge under waiver.--
       ``(A) Substantial business hardship waiver.--If, because of 
     the short length of a voyage, the operator of a vessel is 
     unable to discharge ballast water in accordance with the 
     requirements of paragraph (3)(B) without substantial business 
     hardship, as determined under regulations prescribed by the 
     Secretary, the operator shall request a waiver from the 
     Secretary and discharge the ballast water in accordance with 
     paragraph (6). A request for a waiver under this subparagraph 
     shall be submitted to the Secretary at such time and in such 
     form and manner as the Secretary may require.
       ``(B) Substantial business hardship.--For purposes of 
     subparagraph (A), the factors taken into account in 
     determining substantial business hardship shall include 
     whether--
       ``(i) compliance with the requirements of paragraph (3)(B) 
     would require a sufficiently great change in routing or 
     scheduling of service as to compromise the economic or 
     commercial viability of the trade or business in which the 
     vessel is operated; or
       ``(ii) it is reasonable to expect that the trade or 
     business or service provided will be continued only if a 
     waiver is granted under subparagraph (A).
       ``(6) Permissable discharge.--
       ``(A) In general.--The discharge of unexchanged ballast 
     water shall be considered to be carried out in accordance 
     with this paragraph if it is--
       ``(i) in an area designated for that purpose by the 
     Secretary, after consultation with the Undersecretary and 
     other appropriate Federal agencies as determined by the 
     Secretary and representatives of any State that may be 
     affected by discharge of ballast water in that area; or
       ``(ii) into a reception facility described in subsection 
     (f)(2).
       ``(B) Limitation on volume.--The volume of any ballast 
     water discharged under the provisions of this paragraph may 
     not exceed

[[Page 15140]]

     the volume necessary to ensure the safe operation of the 
     vessel.
       ``(7) Partial compliance.--The operator of a vessel that is 
     unable to comply fully with the requirements of paragraph 
     (3)--
       ``(A) shall nonetheless conduct ballast water exchange to 
     the maximum extent feasible in compliance with those 
     paragraphs; and
       ``(B) may conduct a partial ballast water exchange under 
     this paragraph only to the extent that the ballast water in 
     an individual ballast tank can be completely exchanged in 
     accordance with the provisions of paragraph (1)(A).
       ``(8) Certain geographically limited routes.--
     Notwithstanding paragraph (3)(B) of this subsection, the 
     operator of a vessel is not required to comply with the 
     requirements of this subsection--
       ``(A) if the vessel operates exclusively--
       ``(i) within Lake Superior, Lake Michigan, Lake Huron, and 
     Lake Erie and the connecting channels; or
       ``(ii) between or among the main group of the Hawaiian 
     Islands; or
       ``(B) if the vessel operates exclusively within any area 
     with respect to which the Secretary has determined, after 
     consultation with the Undersecretary, the Administrator, and 
     representatives of States the waters of which would be 
     affected by the discharge of ballast water, that the risk of 
     introducing aquatic nuisance species through ballast water 
     discharge in the areas in which the vessel operates is 
     insignificant.
       ``(9) Marine sanctuaries and other prohibited areas.--A 
     vessel may not conduct ballast water exchange or discharge 
     unexchanged ballast water under this subsection within a 
     marine sanctuary designated under title III of the National 
     Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) or in any 
     other waters designated by the Secretary after consultation 
     with the Undersecretary and the Administrator.
       ``(10) Regulations deadline.--The Secretary shall issue a 
     final rule for regulations required by this subsection within 
     1 year after the date of enactment of the Ballast Water 
     Management Act of 2007.
       ``(11) Vessels operating in the great lakes.--
       ``(A) Regulations.--Until such time as regulations are 
     promulgated to implement the amendments made by the Ballast 
     Water Management Act of 2007, regulations promulgated to 
     carry out this Act shall remain in effect until revised or 
     replaced pursuant to the Ballast Water Management Act of 
     2007.
       ``(B) Relationship to other programs.--On promulgation of 
     regulations required under this Act to implement a national 
     mandatory ballast management program that is at least as 
     comprehensive as the Great Lakes program (as determined by 
     the Secretary, in consultation with the Governors of Great 
     Lakes States)--
       ``(i) the program regulating vessels and ballast water in 
     Great Lakes under this section shall terminate; and
       ``(ii) the national program shall apply to such vessels and 
     ballast water.
       ``(12) Vessels with no ballast on board.--Not later than 
     180 days after the date of enactment of the Ballast Water 
     Management Act of 2007, the Secretary shall promulgate 
     regulations to minimize the discharge of invasive species 
     from ships entering a United States port or place from 
     outside the United States exclusive economic zone that claim 
     no ballast on board, or that claim to be carrying only 
     unpumpable quantities of ballast, including, at a minimum, a 
     requirement that--
       ``(i) such a ship shall conduct saltwater flushing of 
     ballast water tanks--

       ``(I) outside the exclusive economic zone; or
       ``(II) at a designated alternative exchange site; and

       ``(ii) before being allowed entry into the Great Lakes 
     beyond the St. Lawrence Seaway, the master of such a ship 
     shall certify that the ship has complied with each applicable 
     requirement under this subsection.
       ``(f) Ballast Water Treatment Requirements.--
       ``(1) Performance standards.--A vessel to which this 
     section applies shall conduct ballast water treatment in 
     accordance with the requirements of this subsection before 
     discharging ballast water so that the ballast water 
     discharged will contain--
       ``(A) less than 1 living organism per 10 cubic meters that 
     is 50 or more micrometers in minimum dimension;
       ``(B) less than 1 living organism per 10 milliliters that 
     is less than 50 micrometers in minimum dimension and more 
     than 10 micrometers in minimum dimension;
       ``(C) concentrations of indicator microbes that are less 
     than--
       ``(i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters, or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       ``(ii) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       ``(iii) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(D) concentrations of such additional indicator microbes 
     as may be specified in regulations promulgated by the 
     Administrator, after consultation with the Secretary and 
     other appropriate Federal agencies as determined by the 
     Secretary, that are less than the amount specified in those 
     regulations.
       ``(2) Reception facility exception.--
       ``(A) In general.--Paragraph (1) does not apply to a vessel 
     that discharges ballast water into a facility for the 
     reception of ballast water that meets standards prescribed by 
     the Administrator.
       ``(B) Promulgation of standards.--Within 1 year after the 
     date of enactment of the Ballast Water Management Act of 
     2007, the Administrator, in consultation with the Secretary 
     other appropriate Federal agencies as determined by the 
     Administrator, shall promulgate standards for--
       ``(i) the reception of ballast water from vessels into 
     reception facilities; and
       ``(ii) the disposal or treatment of such ballast water in a 
     way that does not impair or damage the environment, human 
     health, property, or resources.
       ``(3) Implementation schedule.--Paragraph (1) applies to 
     vessels in accordance with the following schedule:
       ``(A) First phase.--Beginning January 1, 2011, for vessels 
     constructed on or after that date with a ballast water 
     capacity of less than 5,000 cubic meters.
       ``(B) Second phase.--Beginning January 1, 2013, for vessels 
     constructed on or after that date with a ballast water 
     capacity of 5,000 cubic meters or more.
       ``(C) Third phase.--Beginning January 1, 2013, for vessels 
     constructed before January 1, 2011, with a ballast water 
     capacity of 1,500 cubic meters or more but not more than 
     5,000 cubic meters.
       ``(D) Fourth phase.--Beginning January 1, 2015, for vessels 
     constructed--
       ``(i) before January 1, 2011, with a ballast water capacity 
     of less than 1,500 cubic meters or 5,000 cubic meters or 
     more; or
       ``(ii) on or after January 1, 2011, and before January 1, 
     2013, with a ballast water capacity of 5,000 cubic meters or 
     more.
       ``(4) Treatment system approval required.--The operator of 
     a vessel may not use a ballast water treatment system to 
     comply with the requirements of this subsection unless the 
     system is approved by the Secretary, in consultation with the 
     Administrator. The Secretary shall promulgate regulations 
     establishing a process for such approval, after consultation 
     with the Administrator and other appropriate Federal agencies 
     as determined by the Secretary, within 1 year after the date 
     of enactment of the Ballast Water Management Act of 2007.
       ``(5) Feasibility review.--
       ``(A) In general.--Not less than 2 years before the date on 
     which paragraph (1) applies to vessels under each 
     subparagraph of paragraph (3), or as that date may be 
     extended under this paragraph, the Secretary, in consultation 
     with the Administrator, shall complete a review to determine 
     whether appropriate technologies are available to achieve the 
     standards set forth in paragraph (1) for the vessels to which 
     they apply under the schedule set forth in paragraph (3). In 
     reviewing the technologies the Secretary, after consultation 
     with the Administrator and other appropriate Federal agencies 
     as determined by the Secretary, shall consider--
       ``(i) the effectiveness of a technology in achieving the 
     standards;
       ``(ii) feasibility in terms of compatibility with ship 
     design and operations;
       ``(iii) safety considerations;
       ``(iv) whether a technology has an adverse impact on the 
     environment; and
       ``(v) cost effectiveness.
       ``(B) Delay in scheduled application.--If the Secretary 
     determines, on the basis of the review conducted under 
     subparagraph (A), that compliance with the standards set 
     forth in paragraph (1) in accordance with the schedule set 
     forth in any subparagraph of paragraph (3) is not feasible 
     for any class of vessels, the Secretary shall require use of 
     the best performing technology available that meets, at a 
     minimum, the applicable ballast water discharge standard of 
     the International Maritime Organization. If the Secretary 
     finds that no technology exists that will achieve either the 
     standards set forth in paragraph (1) or the standards of the 
     International Maritime Organization, then, the Secretary 
     shall--
       ``(i) extend the date on which that subparagraph first 
     applies to vessels for a period of not more than 24 months; 
     and
       ``(ii) recommend action to ensure that compliance with the 
     extended date schedule for that subparagraph is achieved.
       ``(C) Higher standards; earlier implementation.--
       ``(i) Standards.--If the Secretary determines that ballast 
     water treatment technology exists that exceeds the 
     performance standards required under this subsection, the 
     Secretary shall, for any class of vessels, revise the 
     performance standards to incorporate the higher performance 
     standards.
       ``(ii) Implementation.--If the Secretary determines that 
     technology that achieves the applicable performance standards 
     required under this subsection can be implemented earlier 
     than required by this subsection, the Secretary shall, for 
     any class of vessels, accelerate the implementation schedule 
     under paragraph (3). If the Secretary accelerates the 
     implementation schedule pursuant to this clause, the 
     Secretary shall provide at least 24 months notice before such 
     accelerated implementation goes into effect.

[[Page 15141]]

       ``(iii) Determinations not mutually exclusive.--The 
     Secretary shall take action under both clause (i) and clause 
     (ii) if the Secretary makes determinations under both 
     clauses.
       ``(6) Delay of application for vessel participating in 
     promising technology evaluations.--
       ``(A) In general.--If a vessel participates in a program 
     approved by the Secretary to test and evaluate promising 
     ballast water treatment technologies that are likely to 
     result in treatment technologies achieving a standard that is 
     the same as or more stringent than the standard that applies 
     under paragraph (1) before the first date on which paragraph 
     (1) applies to that vessel, the Secretary shall allow the 
     vessel to use that technology for a 10 year period and such 
     vessel shall be deemed to be in compliance with the 
     requirements of paragraph (1) during that 10-year period.
       ``(B) Vessel diversity.--The Secretary--
       ``(i) shall seek to ensure that a wide variety of vessel 
     types and voyages are included in the program; but
       ``(ii) may not grant a delay under this paragraph to more 
     than 5 percent of the vessels to which subparagraph (A), (B), 
     (C), or (D) of paragraph (3) applies.
       ``(C) Termination of grace period.--The Secretary may 
     terminate the 10-year grace period of a vessel under 
     subparagraph (A) if participation of the vessel in the 
     program is terminated without the consent of the Secretary.
       ``(D) Annual re-evaluation; termination.--The Secretary 
     shall establish an annual evaluation process to determine 
     whether the performance of an approved technology is 
     sufficiently effective and whether it is causing harm to the 
     environment. If the Secretary determines that an approved 
     technology is insufficiently effective or is causing harm to 
     the environment, the Secretary shall revoke the approval 
     granted under subparagraph (A).
       ``(7) Review of standards.--
       ``(A) In general.--In December, 2014, and in every third 
     year thereafter, the Administrator, in consultation with the 
     Secretary, shall review ballast water treatment standards to 
     determine, after consultation with the Undersecretary and 
     other appropriate Federal agencies as determined by the 
     Secretary, if the standards under this subsection should be 
     revised to reduce the amount of organisms or microbes allowed 
     to be discharged, taking into account improvements in the 
     scientific understanding of biological processes leading to 
     the spread of aquatic nuisance species and improvements in 
     ballast water treatment technology. The Administrator shall 
     revise by regulation the performance standard required under 
     this subsection as necessary.
       ``(B) Application of adjusted standards.--In the 
     regulations, the Secretary shall provide for the prospective 
     application of the adjusted standards prescribed under this 
     paragraph to vessels constructed after the date on which the 
     adjusted standards apply and for an orderly phase-in of the 
     adjusted standards to existing vessels.
       ``(8) Installed equipment.--If ballast water treatment 
     technology used for purposes of complying with the 
     regulations under this subsection is installed on a vessel, 
     maintained in good working order, and used by the vessel, the 
     vessel may use that technology for the shorter of--
       ``(A) the 10-year period beginning on the date of initial 
     use of the technology; or
       ``(B) the life of the ship on which the technology is used.
       ``(9) High-risk vessels.--
       ``(A) Vessel list.--Within 1 year after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Secretary shall publish and regularly update a list of 
     vessels identified by States that, due to factors such as the 
     origin of their voyages, the frequency of their voyages, the 
     volume of ballast water they carry, the biological makeup of 
     the ballast water, and the fact that they frequently 
     discharge unexchanged ballast water pursuant to an exception 
     under subsection (e), pose a relatively high risk of 
     introducing aquatic nuisance species into the waters of those 
     States.
       ``(B) Incentive programs.--The Secretary shall give 
     priority to vessels on the list for participation in pilot 
     programs described in paragraph (6). Any Federal agency, and 
     any State agency with respect to vessels identified by such 
     State to the Secretary for inclusion on the list pursuant to 
     subparagraph (A), may develop technology development programs 
     or other incentives (whether positive or negative) to such 
     vessels in order to encourage the adoption of ballast water 
     treatment technology by those vessels consistent with the 
     requirements of this section on an expedited basis.
       ``(9) Exception for vessels operating exclusively in 
     determined area.--
       ``(A) In general.--Paragraph (1) does not apply to a vessel 
     that operates exclusively within an area if the Secretary has 
     determined through a rulemaking proceeding, after 
     consultation with the Undersecretary and other appropriate 
     Federal agencies as determined by the Secretary, and 
     representatives of States the waters of which could be 
     affected by the discharge of ballast water, that the risk of 
     introducing aquatic nuisance species through ballast water 
     discharge from the vessel is insignificant.
       ``(B) Certain vessels.--A vessel constructed before January 
     1, 2001, that operates exclusively within Lake Superior, Lake 
     Michigan, Lake Huron, and Lake Erie and the connecting 
     channels shall be presumed not to pose a significant risk of 
     introducing aquatic nuisance species unless the Secretary 
     finds otherwise in a rulemaking proceeding under subparagraph 
     (A).
       ``(C) Best practices.--The Secretary shall develop, and 
     require vessels exempted from complying with the requirements 
     of paragraph (1) under this paragraph to follow, best 
     practices, developed in consultation with the Governors or 
     States that may be affected, to minimize the spreading of 
     aquatic nuisance species in its operating area.
       ``(10) Laboratories.--The Secretary may use any Federal or 
     non-Federal laboratory that meets standards established by 
     the Secretary for the purpose of evaluating and certifying 
     ballast water treatment technologies and equipment under this 
     subsection.
       ``(g) Warnings Concerning Ballast Water Uptake.--
       ``(1) In general.--The Secretary shall notify vessel owners 
     and operators of any area in waters subject to the 
     jurisdiction of the United States in which vessels may not 
     uptake ballast water due to known conditions.
       ``(2) Contents.--The notice shall include--
       ``(A) the coordinates of the area; and
       ``(B) if possible, the location of alternative areas for 
     the uptake of ballast water.
       ``(h) Sediment Management.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies may not remove or dispose of sediment from 
     spaces designed to carry ballast water except--
       ``(A) in accordance with this subsection and the ballast 
     water management plan required under subsection (c); and
       ``(B) more than 200 nautical miles from the nearest point 
     of land or into a reception facility that meets the 
     requirements of paragraph (3).
       ``(2) Design requirements.--
       ``(A) New vessels.--After December 31, 2008, it shall be 
     unlawful to construct a vessel in the United States to which 
     this section applies unless that vessel is designed and 
     constructed, in accordance with regulations prescribed under 
     subparagraph (C), in a manner that--
       ``(i) minimizes the uptake and entrapment of sediment;
       ``(ii) facilitates removal of sediment; and
       ``(iii) provides for safe access for sediment removal and 
     sampling.
       ``(B) Existing vessels.--Every vessel to which this section 
     applies that was constructed before January 1, 2009, shall be 
     modified before January 1, 2009, to the extent practicable, 
     to achieve the objectives described in clauses (i), (ii), and 
     (iii) of subparagraph (A).
       ``(C) Regulations.--The Secretary shall promulgate 
     regulations establishing design and construction standards to 
     achieve the objectives of subparagraph (A) and providing 
     guidance for modifications and practices under subparagraph 
     (B). The Secretary shall incorporate the standards and 
     guidance in the regulations governing the ballast water 
     management plan.
       ``(3) Sediment reception facilities.--
       ``(A) Standards.--The Secretary, in consultation with other 
     appropriate Federal agencies as determined by the Secretary, 
     shall promulgate regulations governing facilities for the 
     reception of vessel sediment from spaces designed to carry 
     ballast water that provide for the disposal of such sediment 
     in a way that does not impair or damage the environment, 
     human health, or property or resources of the disposal area.
       ``(B) Designation.--The Administrator, in consultation with 
     the Secretary and other appropriate Federal agencies as 
     determined by the Administrator, shall designate facilities 
     for the reception of vessel sediment that meet the 
     requirements of the regulations promulgated under 
     subparagraph (A) at ports and terminals where ballast tanks 
     are cleaned or repaired.
       ``(i) Examinations and Certifications.--
       ``(1) Initial examination.--
       ``(A) In general.--The Secretary shall examine vessels to 
     which this section applies to determine whether--
       ``(i) there is a ballast water management plan for the 
     vessel that meets the requirements of this section; and
       ``(ii) the equipment used for ballast water and sediment 
     management in accordance with the requirements of this 
     section and the regulations promulgated hereunder is 
     installed and functioning properly.
       ``(B) New vessels.--For vessels constructed in the United 
     States on or after January 1, 2011, the Secretary shall 
     conduct the examination required by subparagraph (A) before 
     the vessel is placed in service.
       ``(C) Existing vessels.--For vessels constructed before 
     January 1, 2011, the Secretary shall--
       ``(i) conduct the examination required by subparagraph (A) 
     before the date on which subsection (f)(1) applies to the 
     vessel according to the schedule in subsection (f)(3); and
       ``(ii) inspect the vessel's ballast water record book 
     required by subsection (d).
       ``(D) Foreign vessels.--In the case of a foreign vessel (as 
     defined in section 2101(12)

[[Page 15142]]

     of title 46, United States Code), the Secretary shall perform 
     the examination required by this paragraph the first time the 
     vessel enters a United States port.
       ``(2) Subsequent examinations.--The Secretary shall examine 
     vessels no less frequently than once each year to ensure 
     vessel compliance with the requirements of this section.
       ``(3) Inspection authority.--
       ``(A) In general.--The Secretary may carry out inspections 
     of any vessel to which this section applies at any time, 
     including the taking of ballast water samples, to ensure the 
     vessel's compliance with this Act. The Secretary shall use 
     all appropriate and practical measures of detection and 
     environmental monitoring, and shall establish adequate 
     procedures for reporting violations and accumulating 
     evidence.
       ``(B) Investigations.--Upon receipt of evidence that a 
     violation has occurred, the Secretary shall cause the matter 
     to be investigated. In any investigation under this section 
     the Secretary may issue subpoenas to require the attendance 
     of any witness and the production of documents and other 
     evidence. In case of refusal to obey a subpoena issued to any 
     person, the Secretary may request the Attorney General to 
     invoke the aid of the appropriate district court of the 
     United States to compel compliance.
       ``(4) Required certificate.--If, on the basis of an initial 
     examination under paragraph (1) the Secretary finds that a 
     vessel complies with the requirements of this section and the 
     regulations promulgated hereunder, the Secretary shall issue 
     a certificate under this paragraph as evidence of such 
     compliance. The certificate shall be valid for a period of 
     not more than 5 years, as specified by the Secretary. The 
     certificate or a true copy shall be maintained on board the 
     vessel.
       ``(5) Notification of violations.--If the Secretary finds, 
     on the basis of an examination under paragraph (1) or (2), 
     sampling under paragraph (3), or any other information, that 
     a vessel is being operated in violation of the requirements 
     of this section or the regulations promulgated hereunder, the 
     Secretary shall--
       ``(A) notify in writing--
       ``(i) the master of the vessel; and
       ``(ii) the captain of the port at the vessel's next port of 
     call; and
       ``(B) take such other action as may be appropriate.
       ``(6) Compliance and monitoring.--
       ``(A) In general.--The Secretary shall by regulation 
     establish sampling and other procedures to monitor compliance 
     with the requirements of this section and any regulations 
     promulgated under this section.
       ``(B) Use of markers.--The Secretary may verify compliance 
     with treatment standards under this section and the 
     regulations through identification of markers associated with 
     a treatment technology's effectiveness, such as the presence 
     of indicators associated with a certified treatment 
     technology.
       ``(7) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     requirements issued under this section.
       ``(j) Detention of Vessels.--
       ``(1) In general.--The Secretary, by notice to the owner, 
     charterer, managing operator, agent, master, or other 
     individual in charge of a vessel, may detain that vessel if 
     the Secretary has reasonable cause to believe that--
       ``(A) the vessel is a vessel to which this section applies; 
     and
       ``(B) the vessel does not comply with the requirements of 
     this section or of the regulations issued hereunder or is 
     being operated in violation of such requirements.
       ``(2) Clearance.--
       ``(A) In general.--A vessel detained under paragraph (1) 
     may obtain clearance under section 4197 of the Revised 
     Statutes (46 U.S.C. App. 91) only if the violation for which 
     it was detained has been corrected.
       ``(B) Withdrawal.--If the Secretary finds that a vessel 
     detained under paragraph (1) has received a clearance under 
     section 4197 of the Revised Statutes (46 U.S.C. App. 91) 
     before it was detained under paragraph (1), the Secretary 
     shall withdraw, withhold, or revoke the clearance.
       ``(k) Sanctions.--
       ``(1) Civil penalties.--Any person who violates a 
     regulation promulgated under this section shall be liable for 
     a civil penalty in an amount not to exceed $32,500. Each day 
     of a continuing violation constitutes a separate violation. A 
     vessel operated in violation of this section or the 
     regulations is liable in rem for any civil penalty assessed 
     under this subsection for that violation.
       ``(2) Criminal penalties.--Any person who knowingly 
     violates the regulations promulgated under this section is 
     guilty of a class C felony.
       ``(3) Revocation of clearance.--Except as provided in 
     subsection (j)(2), upon request of the Secretary, the 
     Secretary of the Treasury shall withhold or revoke the 
     clearance of a vessel required by section 4197 of the Revised 
     Statutes (46 U.S.C. App. 91), if the owner or operator of 
     that vessel is in violation of this section or the 
     regulations issued under this section.
       ``(4) Exception to sanctions.--This subsection does not 
     apply to a discharge pursuant to subsection (b)(3), (e)(5), 
     or (e)(7).
       ``(l) Enforcement.--
       ``(1) Administrative actions.--If the Secretary finds, 
     after notice and an opportunity for a hearing, that a person 
     has violated any provision of this section or any regulation 
     promulgated hereunder, the Secretary may assess a civil 
     penalty for that violation. In determining the amount of a 
     civil penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the prohibited 
     acts committed and, with respect to the violator, the degree 
     of culpability, any history of prior violations, and such 
     other matters as justice may require.
       ``(2) Civil actions.--At the request of the Secretary, the 
     Attorney General may bring a civil action in an appropriate 
     district court of the United States to enforce this section, 
     or any regulation promulgated hereunder. Any court before 
     which such an action is brought may award appropriate relief, 
     including temporary or permanent injunctions and civil 
     penalties.
       ``(m) Consultation With Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines issued and 
     regulations promulgated under this section, the Secretary is 
     encouraged to consult with the Government of Canada, the 
     Government of Mexico, and any other government of a foreign 
     country that the Secretary, after consultation with the Task 
     Force, determines to be necessary to develop and implement an 
     effective international program for preventing the 
     unintentional introduction and spread of aquatic nuisance 
     species through ballast water.
       ``(n) International Cooperation.--The Secretary, in 
     cooperation with the Undersecretary, the Secretary of State, 
     the Administrator, the heads of other relevant Federal 
     agencies, the International Maritime Organization of the 
     United Nations, and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of aquatic nuisance 
     species through ballast water. The Secretary is particularly 
     encouraged to seek bilateral or multilateral agreements with 
     Canada, Mexico, and other nations in the Wider Caribbean (as 
     defined in the Convention for the Protection and Development 
     of the Marine Environment of the Wider Caribbean (Cartagena 
     Convention) under this section.
       ``(o) Non-Discrimination.--The Secretary shall ensure that 
     vessels registered outside of the United States do not 
     receive more favorable treatment than vessels registered in 
     the United States when the Secretary performs studies, 
     reviews compliance, determines effectiveness, establishes 
     requirements, or performs any other responsibilities under 
     this Act.
       ``(p) Support for Federal Ballast Water Demonstration 
     Project.--In addition to amounts otherwise available to the 
     Maritime Administration, the National Oceanographic and 
     Atmospheric Administration, and the United States Fish and 
     Wildlife Service for the Federal Ballast Water Demonstration 
     Project, the Secretary shall provide support for the conduct 
     and expansion of the project, including grants for research 
     and development of innovative technologies for the 
     management, treatment, and disposal of ballast water and 
     sediment, for ballast water exchange, and for other vessel 
     vectors of aquatic nuisance species such as hull-fouling. 
     There are authorized to be appropriated to the Secretary 
     $5,000,000 for each of fiscal years 2007 through 2011 to 
     carry out this subsection.
       ``(q) Consultation With Task Force.--The Secretary shall 
     consult with the Task Force in carrying out this section.
       ``(r) Risk Assessment.--
       ``(1) In general.--Within 2 years after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Administrator, in consultation with the Secretary and other 
     appropriate Federal agencies, shall conduct a risk assessment 
     of vessel discharges other than aquatic nuisance species that 
     are not required by the Clean Water Act (33 U.S.C. 1251 et 
     seq.) to have National Pollution Effluent Discharge Standards 
     permits under section 122.3(a) of title 40, Code of Federal 
     Regulations. The risk assessment shall include--
       ``(A) a characterization of the various types of discharges 
     by different classes of vessels;
       ``(B) the average volume of such discharges for individual 
     vessels and by class of vessel in the aggregate;
       ``(C) conclusions as to whether such discharges pose a risk 
     to human health or the environment; and
       ``(D) recommendations as to steps, including regulations, 
     that are necessary to address such risks.
       ``(2) Public comment.--The Administrator shall cause a 
     draft of the risk assessment to be published in the Federal 
     Register for public comment, and shall develop a final risk 
     assessment report after taking into accounts any comments 
     received during the public comment period.
       ``(3) Final report.--The Administrator shall transmit a 
     copy of the final report to

[[Page 15143]]

     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure.
       ``(s) Other Sources of Vessel-Borne Nuisance Species.--
       ``(1) Hull-fouling and other vessel sources.--
       ``(A) Report.--Within 180 days after the date of enactment 
     of the Ballast Water Management Act of 2007, the Commandant 
     of the Coast Guard shall transmit a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on vessel-borne vectors of aquatic nuisance 
     species and pathogens other than ballast water and sediment, 
     including vessel hulls, anchors, and equipment.
       ``(B) Management.--Within 1 year after the date of 
     enactment of the Ballast Water Management Act of 2007, the 
     Secretary shall develop a strategy to address such other 
     vessel sources of aquatic nuisance species and to reduce the 
     introduction of invasive species into and within the United 
     States from vessels. The strategy shall include--
       ``(i) designation of geographical locations for update and 
     discharge of untreated ballast water, as well as measures to 
     address non-ballast vessel vectors of aquatic invasive 
     species;
       ``(ii) necessary modifications of existing regulations;
       ``(iii) best practices standards and procedures; and
       ``(iv) a timeframe for implementation of those standards 
     and procedures by vessels, in addition to the mandatory 
     requirements set forth in this section for ballast water.
       ``(C) Report.--The Secretary shall transmit a report to the 
     Committees describing the strategy, proposed regulations, 
     best practices, and the implementation timeframe, together 
     with any recommendations, including legislative 
     recommendations if appropriate, the Secretary deems 
     appropriate.
       ``(D) Standards for vessels of the united states.--The 
     strategy shall include requirements to ensure the consistent 
     application of best practices to all vessels owned or 
     operated by a Federal agency.
       ``(2) Transiting vessels.--Within 180 days after the date 
     of enactment of the Ballast Water Management Act of 2007, the 
     Commandant of the Coast Guard shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure containing--
       ``(A) an assessment of the magnitude and potential adverse 
     impacts of ballast water operations from foreign vessels 
     designed, adapted, or constructed to carry ballast water that 
     are transiting waters subject to the jurisdiction of the 
     United States; and
       ``(B) recommendations, including legislative 
     recommendations if appropriate, of options for addressing 
     ballast water operations of those vessels.
       ``(t) Regulations.--
       ``(1) In general.--The Secretary, after consultation with 
     other appropriate Federal agencies, shall issue such 
     regulations as may be necessary initially to carry out this 
     section within 1 year after the date of enactment of the 
     Ballast Water Management Act of 2007.
       ``(2) Judicial review.--
       ``(A) 120-day rule.--An interested person may bring an 
     action for review of a final regulation promulgated under 
     this section by the Secretary of the department in which the 
     Coast Guard is operating in the United States Court of 
     Appeals for the District of Columbia Circuit. Any such 
     petition shall be filed within 120 days after the date on 
     which notice of the promulgation appears in the Federal 
     Register, except that if the petition is based solely on 
     grounds arising after the 120th day, then any petition for 
     review under this subsection shall be filed within 120 days 
     after those grounds arise.
       ``(B) Review in enforcement proceedings.--A regulation for 
     which review could have been obtained under subparagraph (A) 
     of this paragraph is not subject to judicial review in any 
     civil or criminal proceeding for enforcement.
       ``(u) Savings Clause.--
       ``(1) In general.--Nothing in this section shall be 
     construed to preempt the authority of any State or local 
     government to impose penalties or fees for acts or omissions 
     that are violations of this Act, or to provide incentives 
     under subsection (f)(9)(B).
       ``(2) Reception facilities.--The standards prescribed by 
     the Secretary or other appropriate Federal agencies under 
     subsection (f)(2) do not supersede any more stringent 
     standard under any otherwise applicable Federal, State, or 
     local law.
       ``(3) Application with other statutes.--This section 
     provides the sole Federal authority for preventing the 
     introduction of species through the control and management of 
     vessel ballast water or sediment or other vessel-related 
     vectors.''.
       (b) Definitions.--
       (1) In general.--Section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) 
     is amended--
       (A) by redesignating paragraph (1) as paragraph (1A);
       (B) by inserting before paragraph (1A), as redesignated, 
     the following:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency;'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Ballast water.--The term `ballast water'--
       ``(A) means water taken on board a vessel to control trim, 
     list, draught, stability, or stresses of the vessel, 
     including matter suspended in such water; and
       ``(B) any water placed into a ballast tank during cleaning, 
     maintenance, or other operations; but
       ``(C) does not include water taken on board a vessel and 
     used for a purpose described in subparagraph (A) that, at the 
     time of discharge, does not contain aquatic nuisance 
     species;'';
       (D) by inserting after paragraph (3) the following:
       ``(3A) Ballast water capacity.--The term `ballast water 
     capacity' means the total volumetric capacity of any tanks, 
     spaces, or compartments on a vessel that is used for 
     carrying, loading, or discharging ballast water, including 
     any multi-use tank, space, or compartment designed to allow 
     carriage of ballast water;
       ``(3B) Ballast water management.--The term `ballast water 
     management' means mechanical, physical, chemical, and 
     biological processes used, either singularly or in 
     combination, to remove, render harmless, or avoid the uptake 
     or discharge of aquatic nuisance species and pathogens within 
     ballast water and sediment;
       ``(3C) Constructed.--The term `constructed' means a state 
     of construction of a vessel at which--
       ``(A) the keel is laid;
       ``(B) construction identifiable with the specific vessel 
     begins;
       ``(C) assembly of the vessel has begun comprising at least 
     50 tons or 1 percent of the estimated mass of all structural 
     material of the vessel, whichever is less; or
       ``(D) the vessel undergoes a major conversion;'';
       (E) by inserting after paragraph (10) the following:
       ``(10A) Major conversion.--The term `major conversion' 
     means a conversion of a vessel, that--
       ``(A) changes its ballast water carrying capacity by at 
     least 15 percent;
       ``(B) changes the vessel class;
       ``(C) is projected to prolong the vessel's life by at least 
     10 years (as determined by the Secretary); or
       ``(D) results in modifications to the vessel's ballast 
     water system, except--
       ``(i) component replacement-in-kind; or
       ``(ii) conversion of a vessel to meet the requirements of 
     section 1101(e);'';
       (F) by inserting after paragraph (12), as redesignated, the 
     following:
       ``(12A) Saltwater flushing.--The term `saltwater flushing' 
     means the process of--
       ``(A) adding midocean water to a ballast water tank that 
     contains residual quantities of ballast waters;
       ``(B) mixing the midocean water with the residual ballast 
     water and sediment in the tank through the motion of a 
     vessel; and
       ``(C) discharging the mixed water so that the salinity of 
     the resulting residual ballast water in the tank exceeds 30 
     parts per thousand;
       ``(12B) Sediment.--The term `sediment' means matter that 
     has settled out of ballast water within a vessel;'';
       (G) by redesignating paragraph (15) as paragraph (16A) and 
     moving it to follow paragraph (16);
       (H) by inserting after paragraph (17) the following:
       ``(17A) United states port.--The term `United States port' 
     means a port, river, harbor, or offshore terminal under the 
     jurisdiction of the United States, including ports located in 
     Puerto Rico, Guam, the Northern Marianas, and the United 
     States Virgin Islands;
       ``(17B) Vessel of the armed forces.--The term `vessel of 
     the Armed Forces' means--
       ``(A) any vessel owned or operated by the Department of 
     Defense, other than a time or voyage chartered vessel; and
       ``(B) any vessel owned or operated by the Department of 
     Homeland Security that is designated by the Secretary of the 
     department in which the Coast Guard is operating as a vessel 
     equivalent to a vessel described in subparagraph (A); and
       ``(17C) Waters subject to the jurisdiction of the united 
     states.--The term `waters subject to the jurisdiction of the 
     United States' means navigable waters and the territorial sea 
     of the United States, the exclusive economic zone, and the 
     Great Lakes.''.
       (2) Stylistic consistency.--Section 1003 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4702), as amended by paragraph (1), is 
     further amended--
       (A) by striking ``As used in this Act, the term--'' and 
     inserting ``In this Act:'';
       (B) by redesignating paragraphs (1) through (17C) as 
     paragraphs (1) through (27), respectively; and
       (C) by inserting a heading after the designation of each 
     existing paragraph, in a

[[Page 15144]]

     form consistent with the form of the paragraphs added by 
     paragraph (1) of this subsection, consisting of the term 
     defined in such paragraph and ``The term''.
       (c) Repeal of Section 1103.--Section 1103 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4713) is repealed.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       Section 1301(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is 
     amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (4)(B);
       (2) by striking ``1102(f).'' in paragraph (5)(B) and 
     inserting ``1102(f); and''; and
       (3) by adding at the end the following:
       ``(6) $20,000,000 for each of fiscal years 2008 through 
     2012 to the Secretary to carry out section 1101.''.
                                 ______
                                 
      By Ms. SNOWE (for herself, Ms. Cantwell, and Mr. Levin):
  S. 1579. A bill to amend the Coastal Zone Management Act; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Coastal Zone 
Enhancement Reauthorization Act of 2007. I am pleased to have my 
colleague, Senator Cantwell, join me in cosponsoring this bill, which 
will enable our Nation to improve the management of our valuable, yet 
vulnerable, coastal resources.
  More than half of all Americans reside in coastal zones, and each 
year their number grows by more than 3,600. Yet, coastal regions 
comprise just 17 percent of the land area in the contiguous United 
States. People are drawn to our oceans and Great Lakes to experience 
the economic opportunities, natural beauty, and recreational bounty 
that these regions have to offer. Part of that value, both the tangible 
and intangible, comes from the habitat these ecosystems provide for a 
variety of plants and animals, ranging from rare microscopic organisms 
to commercially valuable fish stocks. As population pressures increase, 
we must work diligently to maintain a balance between human use of 
these delicate regions and their natural, ecological functions.
  When Congress passed the CZMA in 1972, it established a unique State-
Federal framework for facilitating sound coastal planning. The law 
gives States the opportunity to create a coastal zone management plan 
which, once approved, makes States eligible for matching Federal funds 
to carry out the goals of its plan. This system allows States to tailor 
plans to their individual needs, but permits the Federal Government to 
ensure that marine resources, which often overlap political boundaries, 
are managed responsibly nationwide. As a result of this program's 
success, more than 99.9 percent of the United States' 95,376 shoreline 
miles are managed under this system, including, 34 of the 35 coastal 
and Great Lakes states and territories. The 35th, Illinois, has 
submitted a plan for Federal approval.
  The CZMA has not been reauthorized in over a decade, and the program 
has been operating with authorization levels and mandates that expired 
in 1999. Much has changed in the interim, and persistent threats to 
coastal areas, such as increasing rates of nonpoint source water 
pollution and constriction of working waterfront areas, have out-paced 
states' abilities to maintain an appropriate balance between 
development and conservation. The Coastal Zone Enhancement 
Reauthorization Act of 2007 would encourage states to take additional 
voluntary steps to combat these problems through the Coastal Community 
Program.
  Each year, we also learn more about threats to our coasts from 
impacts of global climate change, yet the CZMA currently provides no 
foundation to manage these problems. Mounting evidence indicates that 
increasing concentrations of atmospheric carbon dioxide, approximately 
a third of which is absorbed in our oceans, is affecting marine 
chemistry and acidifying sea water. As global temperatures rise, we are 
also experiencing an increase in ocean temperatures which can affect 
the migratory patterns and range of marine species distribution. The 
problems of potential sea level rise have also been well-documented in 
academic journals and the mainstream media. The bill I introduce today 
contains a provision giving states the authority to adapt their coastal 
zone management plans to address these potential impacts and develop 
potential mitigation and adaptation measures.
  The Coastal Zone Enhancement Reauthorization of 2007 also 
significantly increases the authorization levels for the Coastal Zone 
Management Program, enabling States to better achieve their coastal 
management goals. The bill authorizes $170 million for fiscal year 2008 
and increases the authorization levels to $193.5 million for fiscal 
year 2012. This adjustment in funding would enable the States' coastal 
programs to achieve their full potential.
  The Coastal Zone Management Program has a long record of helping 
states achieve their coastal area management goals by enhancing their 
ability to maintain clean, safe, and productive coastlines that 
ultimately serve the best interest of our Nation. This program enjoys 
widespread support among coastal States, as demonstrated by the near 
unanimous participation by eligible States, and the many Commerce 
Committee members who have worked with me to strengthen this program 
over the past several years.
  I am pleased to introduce this legislation that would provide our 
coastal states with the funding and management frameworks necessary to 
meet the ever-increasing conservation and development challenges facing 
our coastal communities, and I urge my colleagues to support it.
  Additionally, as Ranking Member of the Committee on Commerce, 
Science, and Transportation's subcommittee on Oceans, Atmosphere, 
Fisheries, and Coast Guard, I would like to commend my colleagues for 
their hard work that has resulted in today's introduction of six ocean-
related bills. As you are aware, we are in the midst of Capitol Hill 
Oceans Week, and I am pleased that we can commemorate that occasion by 
bringing these critical marine issues to the fore. I look forward to 
working with my fellow Committee members and the rest of the Senate as 
we improve management of our Nation's invaluable coastal and ocean 
resources for the benefit of all Americans.
  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. 1579

       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 ``Coastal 
     Zone Enhancement Reauthorization Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coastal Zone Management Act of 1972.
Sec. 3. Findings.
Sec. 4. Policy.
Sec. 5. Changes in definitions.
Sec. 6. Reauthorization of management program development grants.
Sec. 7. Administrative grants.
Sec. 8. Coastal resource improvement program.
Sec. 9. Certain Federal agency activities.
Sec. 10. Coastal zone management fund.
Sec. 11. Coastal zone enhancement grants.
Sec. 12. Coastal community program.
Sec. 13. Technical assistance; resources assessments; information 
              systems.
Sec. 14. Performance review.
Sec. 15. Walter B. Jones awards.
Sec. 16. National Estuarine Research Reserve System.
Sec. 17. Coastal zone management reports.
Sec. 18. Authorization of appropriations.
Sec. 19. Deadline for decision on appeals of consistency determination.
Sec. 20. Effects of climate change on coastal zone management.
Sec. 21. Coordination with Federal Energy Regulatory Commission.

     SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1451 et seq.).

     SEC. 3. FINDINGS.

       Section 302 (16 U.S.C. 1451) is amended--
       (1) by redesignating paragraphs (a) through (m) as 
     paragraphs (1) through (13);

[[Page 15145]]

       (2) by inserting ``ports,'' in paragraph (3) (as so 
     redesignated) after ``fossil fuels,'';
       (3) by inserting ``including coastal waters and wetlands,'' 
     in paragraph (4) (as so redesignated) after ``zone,'';
       (4) by striking ``therein,'' in paragraph (4) (as so 
     redesignated) and inserting ``dependent on that habitat,'';
       (5) by striking ``well-being'' in paragraph (5) (as so 
     redesignated) and inserting ``quality of life'';
       (6) by inserting ``integrated plans and strategies,'' after 
     ``including'' in paragraph (9) (as so redesignated);
       (7) by striking paragraph (11) (as so redesignated) and 
     inserting the following:
       ``(11) Land and water uses in the coastal zone and coastal 
     watersheds may significantly affect the quality of coastal 
     waters and habitats, and efforts to control coastal water 
     pollution from activities in these areas must be improved.''; 
     and
       (8) by adding at the end thereof the following:
       ``(14) There is a need to enhance cooperation and 
     coordination among states and local communities, to encourage 
     local community-based solutions that address the impacts and 
     pressures on coastal resources and on public facilities and 
     public service caused by continued coastal demands, and to 
     increase state and local capacity to identify public 
     infrastructure and open space needs and develop and implement 
     plans which provide for sustainable growth, resource 
     protection and community revitalization.
       ``(15) The establishment of a national system of estuarine 
     research reserves will provide for protection of essential 
     estuarine resources, as well as for a network of State-based 
     reserves that will serve as sites for coastal stewardship 
     best-practices, monitoring, research, education, and training 
     to improve coastal management and to help translate science 
     and inform coastal decisionmakers and the public.''.

     SEC. 4. POLICY.

       Section 303 (16 U.S.C. 1452) is amended--
       (1) by striking ``the states'' in paragraph (2) and 
     inserting ``state and local governments'';
       (2) by striking ``programs'' the first place it appears in 
     paragraph (2) and inserting ``programs, plans, and 
     strategies'';
       (3) by striking ``waters,'' each place it appears in 
     paragraph (2)(C) and inserting ``waters and habitats,'';
       (4) by striking ``agencies and state and wildlife agencies; 
     and'' in paragraph (2)(J) and inserting ``and wildlife 
     management, and'';
       (5) by striking ``specificity'' in paragraph (3) and 
     inserting ``specificity, cooperation, coordination, and 
     effectiveness'';
       (6) by inserting ``other countries,'' after ``agencies,'' 
     in paragraph (5);
       (7) by striking ``and'' at the end of paragraph (5);
       (8) by striking ``zone.'' in paragraph (6) and inserting 
     ``zone;''; and
       (9) by adding at the end thereof the following:
       ``(7) to create and use a National Estuarine Research 
     Reserve System as a Federal, state, and community partnership 
     to support and enhance coastal management and stewardship 
     through State-based conservation, monitoring, research, 
     education, outreach, and training; and
       ``(8) to encourage the development, application, training, 
     technical assistance, and transfer of innovative coastal 
     management practices and coastal and estuarine environmental 
     technologies and techniques to improve understanding and 
     management decisionmaking for the long-term conservation of 
     coastal ecosystems.''.

     SEC. 5. CHANGES IN DEFINITIONS.

       Section 304 (16 U.S.C. 1453) is amended--
       (1) by striking ``and the Trust Territories of the Pacific 
     Islands,'' in paragraph (4);
       (2) in paragraph (6)(B)--
       (A) by inserting ``(ix) use or reuse of facilities 
     authorized under the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331 et seq.) for energy-related purposes or other 
     authorized marine related purposes;'' after ``transmission 
     facilities;''; and
       (B) by striking ``and (ix)'' and inserting ``and (x);
       (3) by striking paragraph (8) and inserting the following:
       ``(8) The terms `estuarine reserve' and `estuarine research 
     reserve' mean a coastal protected area that--
       ``(A) may include any part or all of an estuary and any 
     island, transitional area, and upland in, adjoining, or 
     adjacent to the estuary;
       ``(B) constitutes to the extent feasible a natural unit; 
     and
       ``(C) is established to provide long-term opportunities for 
     conducting scientific studies and monitoring and educational 
     and training programs that improve the understanding, 
     stewardship, and management of estuaries and improve coastal 
     decisionmaking.'';
       (4) by inserting ``plans, strategies,'' after ``policies,'' 
     in paragraph (12);
       (5) in paragraph (13)--
       (A) by inserting ``or alternative energy sources on or'' 
     after ``natural gas'';
       (B) by striking ``new or expanded'' and inserting ``new, 
     reused, or expanded''; and
       (C) by striking ``or production.'' and inserting 
     ``production, or other energy related purposes.'';
       (6) by striking ``policies; standards'' in paragraph (17) 
     and inserting ``policies, standards, incentives, 
     guidelines,''; and
       (7) by adding at the end the following:
       ``(19) The term `coastal nonpoint pollution control 
     strategies and measures' means strategies and measures 
     included as part of the coastal nonpoint pollution control 
     program under section 6217 of the Coastal Zone Act 
     Reauthorization Amendments of 1990 (16 U.S.C. 1455b).
       ``(20) The term `qualified local entity' means--
       ``(A) any local government;
       ``(B) any areawide agency referred to in section 204(a)(1) 
     of the Demonstration Cities and Metropolitan Development Act 
     of 1966 (42 U.S.C. 3334 (a)(1));
       ``(C) any regional agency;
       ``(D) any interstate agency;
       ``(E) any nonprofit organization; or
       ``(F) any reserve established under section 315.''.

     SEC. 6. REAUTHORIZATION OF MANAGEMENT PROGRAM DEVELOPMENT 
                   GRANTS.

       Section 305 (16 U.S.C. 1454) is amended to read as follows:

     ``SEC. 305. MANAGEMENT PROGRAM DEVELOPMENT GRANTS.

       ``(a) States Without Programs.--In fiscal years 2008 and 
     2009, the Secretary may make a grant annually to any coastal 
     state without an approved program if the coastal state 
     demonstrates to the satisfaction of the Secretary that the 
     grant will be used to develop a management program consistent 
     with the requirements set forth in section 306. The amount of 
     any such grant shall not exceed $200,000 in any fiscal year, 
     and shall require State matching funds according to a 4-to-1 
     ratio of Federal-to-State contributions. After an initial 
     grant is made to a coastal state under this subsection, no 
     subsequent grant may be made to that coastal state under this 
     subsection unless the Secretary finds that the coastal state 
     is satisfactorily developing its management program. No 
     coastal state is eligible to receive more than 4 grants under 
     this subsection.
       ``(b) Submittal of Program for Approval.--A coastal state 
     that has completed the development of its management program 
     shall submit the program to the Secretary for review and 
     approval under section 306.''.

     SEC. 7. ADMINISTRATIVE GRANTS.

       (a) Purposes.--Section 306(a) (16 U.S.C. 1455(a)) is 
     amended by striking ``administering that State's management 
     program,'' and inserting ``administering and implementing 
     that State's management program and any plans, projects, or 
     activities developed pursuant to such program, including 
     developing and implementing applicable coastal nonpoint 
     pollution control program components,''.
       (b) Equitable Allocation of Funding.--Section 306(c) (16 
     U.S.C. 1455(c)) is amended by adding at the end thereof ``In 
     promoting equity, the Secretary shall consider the overall 
     change in grant funding under this section from the preceding 
     fiscal year and minimize the relative increases or decreases 
     among all the eligible States. To the extent practicable, the 
     Secretary shall ensure that each eligible State receives 
     increased funding under this section in any fiscal year for 
     which the total amount appropriated to carry out this section 
     is greater than the total amount appropriated to carry out 
     this section for the preceding fiscal year.
       (c) Acquisition Criteria.--Section 306(d)(10)(B) (16 U.S.C. 
     1455(d)(10)(B)) is amended by striking ``less than fee 
     simple'' and inserting ``other''.
       (d) Conforming Amendment.--Section 306(d)(13)(B) (16 U.S.C. 
     1455(d)(13)(B)) is amended by inserting ``policies, plans, 
     strategies,'' after ``specific''.

     SEC. 8. COASTAL RESOURCE IMPROVEMENT PROGRAM.

       Section 306A (16 U.S.C. 1455a) is amended--
       (1) by inserting ``or other important coastal habitats'' in 
     subsection (b)(1)(A) after ``306(d)(9)'';
       (2) by inserting ``or historic'' in subsection (b)(2) after 
     ``urban'';
       (3) by adding at the end of subsection (b) the following:
       ``(5) The coordination and implementation of approved 
     coastal nonpoint pollution control plans, strategies, and 
     measures.
       ``(6) The preservation, restoration, enhancement or 
     creation of coastal habitats.'';
       (4) by inserting ``planning,'' before ``engineering'' in 
     subsection (c)(2)(D);
       (5) by striking ``and'' after the semicolon in subsection 
     (c)(2)(D);
       (6) by striking ``section.'' in subsection (c)(2)(E) and 
     inserting ``section;'';
       (7) by adding at the end of subsection (c)(2) the 
     following:
       ``(F) work, resources, or technical support necessary to 
     preserve, restore, enhance, or create coastal habitats; and
       ``(G) the coordination and implementation of approved 
     coastal nonpoint pollution control plans, strategies, 
     measures.''; and
       (8) by striking subsections (d), (e), and (f) and inserting 
     after subsection (c) the following:
       ``(d) Source of Federal Grants; State Matching 
     Contributions.--
       ``(1) In general.--If a coastal state chooses to fund a 
     project under this section, then--

[[Page 15146]]

       ``(A) it shall submit to the Secretary a combined 
     application for grants under this section and section 306;
       ``(B) it shall match the combined amount of such grants in 
     the ratio required by section 306(a) for grants under that 
     section; and
       ``(C) the Federal funding for the project shall be a 
     portion of that state's annual allocation under section 
     306(a).
       ``(2) Use of funds.--Grants provided under this section may 
     be used to pay a coastal state's share of costs required 
     under any other Federal program that is consistent with the 
     purposes of this section.
       ``(e) Allocation of Grants to Qualified Local Entity.--With 
     the approval of the Secretary, the eligible coastal state may 
     allocate to a qualified local entity a portion of any grant 
     made under this section for the purpose of carrying out this 
     section; except that such an allocation shall not relieve 
     that state of the responsibility for ensuring that any funds 
     so allocated are applied in furtherance of the state's 
     approved management program and consistent with the policies 
     of this Act.
       ``(f) Assistance.--The Secretary shall assist eligible 
     coastal states in identifying and obtaining from other 
     Federal agencies technical and financial assistance in 
     achieving the objectives set forth in subsection (b).''.

     SEC. 9. CERTAIN FEDERAL AGENCY ACTIVITIES.

       Section 307(c)(1) (16 U.S.C. 1456(c)(1)) is amended by 
     adding at the end the following:
       ``(D) The provisions of paragraph (1)(A), and implementing 
     regulations thereunder, with respect to a Federal agency 
     activity inland of the coastal zone of the State of Alaska, 
     apply only if the activity directly and significantly affects 
     a land or water use or a natural resource of the Alaskan 
     coastal zone.''.

     SEC. 10. COASTAL ZONE MANAGEMENT FUND.

       (a) Treatment of Loan Repayments.--Section 308(a)(2) (16 
     U.S.C. 1456a(a)(2)) is amended to read as follows:
       ``(2) Loan repayments made under this subsection shall be 
     retained by the Secretary and deposited into the Coastal Zone 
     Management Fund established under subsection (b) and shall be 
     made available to the States for grants as under subsection 
     (b)(2).''.
       (b) Use of Amounts in Fund.--Section 308(b) (16 U.S.C. 
     1456a(b)) is amended by striking paragraphs (2) and (3) and 
     inserting the following:
       ``(2) Subject to appropriation Acts, amounts in the Fund 
     shall be available to the Secretary to make grants to the 
     States for--
       ``(A) projects to address coastal and ocean management 
     issues which are regional in scope, including intrastate and 
     interstate projects; and
       ``(B) projects that have high potential for improving 
     coastal zone and watershed management.
       ``(3) Projects funded under this subsection shall apply an 
     integrated, watershed-based management approach and advance 
     the purpose of this Act to preserve, protect, develop, and 
     where possible, to restore or enhance, the resources of the 
     Nation's coastal zone for this and succeeding generations.''.

     SEC. 11. COASTAL ZONE ENHANCEMENT GRANTS.

       Section 309 (16 U.S.C. 1456b) is amended--
       (1) by striking subsection (a)(1) and inserting the 
     following:
       ``(1) Protection, restoration, enhancement, or creation of 
     coastal habitats, including wetlands, coral reefs, marshes, 
     and barrier islands.'';
       (2) by inserting ``and removal'' after ``entry'' in 
     subsection (a)(4);
       (3) by striking ``on various individual uses or activities 
     on resources, such as coastal wetlands and fishery 
     resources.'' in subsection (a)(5) and inserting ``of various 
     individual uses or activities on coastal waters, habitats, 
     and resources, including sources of polluted runoff.'';
       (4) by adding at the end of subsection (a) the following:
       ``(10) Development and enhancement of coastal nonpoint 
     pollution control program components, strategies, and 
     measures, including the satisfaction of conditions placed on 
     such programs as part of the Secretary's approval of the 
     programs.
       ``(11) Significant emerging coastal issues as identified by 
     coastal states, in consultation with the Secretary and 
     qualified local entities.'';
       (5) by striking ``changes'' in subsection (b)(2)(A) and 
     inserting ``changes, or for projects that demonstrate 
     significant potential for improving ocean resource management 
     or integrated coastal and watershed management at the local, 
     state, or regional level,'';
       (6) by striking ``proposals, taking into account the 
     criteria established by the Secretary under subsection (d).'' 
     in subsection (c) and inserting ``proposals.'';
       (7) by striking subsection (d) and redesignating 
     subsections (e), (f), and (g) as subsections (d), (e), and 
     (f), respectively; and
       (8) by striking ``in implementing this section, up to a 
     maximum of $10,000,000 annually.'' in subsection (e), as 
     redesignated, and inserting ``for grants to the States.''.

     SEC. 12. COASTAL COMMUNITY PROGRAM.

       The Act is amended by inserting after section 309 the 
     following:

     ``SEC. 309A. COASTAL COMMUNITY PROGRAM.

       ``(a) Coastal Community Grants.--The Secretary may make 
     grants to any coastal state that is eligible under subsection 
     (b)--
       ``(1) to assist coastal communities in assessing and 
     managing growth, public infrastructure, and open space needs 
     in order to provide for sustainable growth, resource 
     protection and community revitalization;
       ``(2) to provide management-oriented research and technical 
     assistance in developing and implementing community-based 
     growth management and resource protection strategies in 
     qualified local entities as long as such strategies are 
     consistent with the policies of this Act;
       ``(3) to fund demonstration projects which have high 
     potential for improving coastal zone management at the local 
     level;
       ``(4) to assist in the adoption of plans, strategies, 
     policies, or procedures to support local community-based 
     environmentally-protective solutions to the impacts and 
     pressures on coastal uses and resources caused by development 
     and sprawl that will--
       ``(A) revitalize previously developed areas;
       ``(B) undertake conservation activities and projects in 
     undeveloped and environmentally sensitive areas;
       ``(C) emphasize water-dependent uses; and
       ``(D) protect coastal waters and habitats; and
       ``(5) to assist coastal communities to coordinate and 
     implement approved coastal nonpoint pollution control 
     strategies and measures that reduce the causes and impacts of 
     polluted runoff on coastal waters and habitats.''.
       ``(b) Eligibility.--To be eligible for a grant under this 
     section for a fiscal year, a coastal state shall--
       ``(1) have a management program approved under section 306; 
     and
       ``(2) in the judgment of the Secretary, be making 
     satisfactory progress in activities designed to result in 
     significant improvement in achieving the coastal management 
     objectives specified in subparagraphs (A) through (K) of 
     section 303(2).
       ``(c) Allocations; Source of Federal Grants; State Matching 
     Contributions.--
       ``(1) Allocation.--Grants under this section shall be 
     allocated to coastal states as provided in section 306(c).
       ``(2) Application; matching.--If a coastal state chooses to 
     fund a project under this section, then--
       ``(A) it shall submit to the Secretary a combined 
     application for grants under this section and section 306; 
     and
       ``(B) it shall match the amount of the grant under this 
     section on the basis of a total contribution of section 306, 
     306A, and this section so that, in aggregate, the match is 
     1:1.
       ``(d) Allocation of Grants to Qualified Local Entity.--
       ``(1) In general.--With the approval of the Secretary, the 
     eligible coastal state may allocate to a qualified local 
     entity amounts received by the state under this section.
       ``(2) Assurances.--A coastal state shall ensure that 
     amounts allocated by the state under paragraph (1) are used 
     by the qualified local entity in furtherance of the state's 
     approved management program, specifically furtherance of the 
     coastal management objectives specified in section 303(2) and 
     the policies of this Act.
       ``(e) Assistance.--The Secretary shall assist eligible 
     coastal states and qualified local entities in identifying 
     and obtaining from other Federal agencies technical and 
     financial assistance in achieving the objectives set forth in 
     subsection (a).''.

     SEC. 13. TECHNICAL ASSISTANCE; RESOURCES ASSESSMENTS; 
                   INFORMATION SYSTEMS.

       (a) In General.--Section 310 (16 U.S.C. 1456c) is amended--
       (1) by inserting ``(1)'' before ``The Secretary'' in 
     subsection (a);
       (2) by striking ``assistance'' in the first sentence in 
     subsection (a) and inserting ``assistance, technology and 
     methodology development, training and information transfer, 
     resources assessment,'';
       (3) by resetting the second and third sentences in 
     subsection (a) as a new paragraph and inserting ``(2)'' 
     before ``Each'';
       (4) by striking ``and research activities'' in subsection 
     (b)(1) and inserting ``research activities, and other support 
     services and activities'';
       (5) by adding at the end of subsection (b)(1) the 
     following: ``The Secretary may conduct a program to develop 
     and apply innovative coastal and estuarine environmental 
     technology and methodology through a cooperative program, and 
     to support the development, application, training and 
     technical assistance, and transfer of effective coastal 
     management practices. The Secretary may make extramural 
     grants in carrying out the purpose of this subsection.'';
       (6) by adding at the end of subsection (b)(3) the 
     following: ``The Secretary shall establish regional advisory 
     committees including representatives of the Governors of each 
     state within the region, universities, colleges, coastal and 
     marine laboratories, Sea Grant College programs within the 
     region and representatives from the private and public sector 
     with relevant expertise. The Secretary will report to the 
     regional advisory committees on activities undertaken by the 
     Secretary and other agencies pursuant to this section, and 
     the regional advisory committees shall identify research, 
     technical assistance and information needs and priorities.

[[Page 15147]]

     The regional advisory committees are not subject to the 
     requirements of the Federal Advisory Committee Act (5 U.S.C. 
     App.).''; and
       (7) by adding at the end the following:
       ``(c)(1) The Secretary shall consult with the regional 
     advisory committees concerning the development of a coastal 
     resources assessment and information program to support 
     development and maintenance of integrated coastal resource 
     assessments of state natural, cultural and economic 
     attributes, and coastal information programs for the 
     collection and dissemination of data and information, product 
     development, and outreach based on the needs and priorities 
     of coastal and ocean managers and user groups.
       ``(2) The Secretary shall assist coastal states in 
     identifying and obtaining financial and technical assistance 
     from other Federal agencies and may make grants to states in 
     carrying out the purpose of this section and to provide 
     ongoing support for state resource assessment and information 
     programs.''.
       (b) Conforming Amendment.--The section heading for section 
     310 (16 U.S.C. 1456c) is amended to read as follows:

     ``SEC. 310. TECHNICAL ASSISTANCE, RESOURCES ASSESSMENTS, AND 
                   INFORMATION SYSTEMS.

     SEC. 14. PERFORMANCE REVIEW.

       Section 312(a) (16 U.S.C. 1458(a)) is amended--
       (1) by striking ``continuing review of the performance'' 
     and inserting ``periodic review, no less frequently than 
     every 5 years, of the administration, implementation, and 
     performance'';
       (2) by striking ``management.'' and inserting ``management 
     programs.'';
       (3) by striking ``has implemented and enforced'' and 
     inserting ``has effectively administered, implemented, and 
     enforced'';
       (4) by striking ``addressed the coastal management needs 
     identified'' and inserting ``furthered the national coastal 
     policies and objectives set forth''; and
       (5) by inserting ``coordinated with National Estuarine 
     Research Reserves in the state,'' after ``303(2)(A) through 
     (K),''.

     SEC. 15. WALTER B. JONES AWARDS.

       Section 314 (16 U.S.C. 1460) is amended--
       (1) by striking ``shall, using sums in the Coastal Zone 
     Management Fund established under section 308'' in subsection 
     (a) and inserting ``may, using sums available under this 
     Act'';
       (2) by striking ``field.'' in subsection (a) and inserting 
     the following: ``field of coastal zone management. These 
     awards, to be known as the `Walter B. Jones Awards', may 
     include--
       ``(1) cash awards in an amount not to exceed $5,000 each;
       ``(2) research grants; and
       ``(3) public ceremonies to acknowledge such awards.'';
       (3) by striking ``shall elect annually--'' in subsection 
     (b) and inserting ``may select annually if funds are 
     available under subsection (a)--''; and
       (4) by striking subsection (e).

     SEC. 16. NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM.

       (a) Section 315(a) (16 U.S.C. 1461(a)) is amended by 
     striking ``consists of--'' and inserting ``is a network of 
     areas protected by Federal, state, and community partnerships 
     which promotes informed management of the Nation's estuarine 
     and coastal areas through interconnected programs in resource 
     stewardship, education and training, monitoring, research, 
     and scientific understanding consisting of--''.
       (b) Section 315(b)(2) ((16 U.S.C. 1461(b)(2)) is amended--
       (1) by inserting ``for each coastal state or territory'' 
     after ``research'' in subparagraph (A);
       (2) by striking ``public awareness and'' in subparagraph 
     (C) and inserting ``state coastal management, public 
     awareness, and''; and
       (3) by striking ``public education and interpretation; 
     and''; in subparagraph (C) and inserting ``education, 
     interpretation, training, and demonstration projects; and''.
       (c) Section 315(c) (16 U.S.C. 1461(c)) is amended--
       (1) by striking ``Research'' in the subsection caption and 
     inserting ``Research, Education, and Resource Stewardship'';
       (2) by striking ``conduct of research'' and inserting 
     ``conduct of research, education, and resource stewardship'';
       (3) by striking ``coordinated research'' in paragraph (1)) 
     and inserting ``coordinated research, education, and resource 
     stewardship'';
       (4) by striking ``research'' after ``common'' in paragraph 
     (2);
       (5) by striking ``research programs'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     programs'';
       (6) by striking ``research'' after ``uniform'' in paragraph 
     (3);
       (7) by striking ``data,'' in paragraph (3) and inserting 
     ``information,'';
       (8) by striking ``research'' after ``application of'' in 
     paragraph (3);
       (9) by striking ``research purposes;'' in paragraph (3) and 
     inserting ``research, education, and resource stewardship 
     purposes;'';
       (10) by striking ``research efforts'' in paragraph (4) and 
     inserting ``research, education, and resource stewardship 
     efforts'';
       (11) by striking ``research'' in paragraph (5) and 
     inserting ``research, education, and resource stewardship''; 
     and
       (12) by striking ``research'' in the last sentence.
       (d) Section 315(d) (16 U.S.C. 1461(d)) is amended--
       (1) by striking ``Estuarine Research.--'' in the subsection 
     caption and inserting ``Estuarine Research, Education, and 
     Resource Stewardship.--'';
       (2) by striking ``research purposes'' and inserting 
     ``research, education, and resource stewardship purposes'';
       (3) by striking paragraph (1) and inserting the following:
       ``(1) giving reasonable priority to research, education, 
     and stewardship activities that use the System in conducting 
     or supporting activities relating to estuaries;'';
       (4) by striking ``research.'' in paragraph (2) and 
     inserting ``research, education, and resource stewardship 
     activities; and''; and
       (5) by adding at the end thereof the following:
       ``(3) establishing partnerships with other Federal and 
     state estuarine management programs to coordinate and 
     collaborate on estuarine research.''.
       (e) Section 315(e) (16 U.S.C. 1461(e)) is amended--
       (1) by striking ``reserve,'' in paragraph (1)(A)(i) and 
     inserting ``reserve; and'';
       (2) by striking ``and constructing appropriate reserve 
     facilities, or'' in paragraph (1)(A)(ii) and inserting 
     ``including resource stewardship activities and constructing 
     reserve facilities; and'';
       (3) by striking paragraph (1)(A)(iii);
       (4) by striking paragraph (1)(B) and inserting the 
     following:
       ``(B) to any coastal state or public or private person for 
     purposes of--
       ``(i) supporting research and monitoring associated with a 
     national estuarine reserve that are consistent with the 
     research guidelines developed under subsection (c); or
       ``(ii) conducting educational, interpretive, or training 
     activities for a national estuarine reserve that are 
     consistent with the education guidelines developed under 
     subsection (c).'';
       (5) by striking ``therein or $5,000,000, whichever amount 
     is less.'' in paragraph (3)(A) and inserting ``therein. Non-
     Federal costs associated with the purchase of any lands and 
     waters, or interests therein, which are incorporated into the 
     boundaries of a reserve up to 5 years after the costs are 
     incurred, may be used to match the Federal share.'';
       (6) by striking ``and (iii)'' in paragraph (3)(B);
       (7) by striking ``paragraph (1)(A)(iii)'' in paragraph 
     (3)(B) and inserting ``paragraph (1)(B)'';
       (8) by striking ``entire System.'' in paragraph (3)(B) and 
     inserting ``System as a whole.''; and
       (9) by adding at the end thereof the following:
       ``(4) The Secretary may--
       ``(A) enter into cooperative agreements, financial 
     agreements, grants, contracts, or other agreements with any 
     nonprofit organization, authorizing the organization to 
     solicit donations to carry out the purposes and policies of 
     this section, other than general administration of reserves 
     or the System and which are consistent with the purposes and 
     policies of this section; and
       ``(B) accept donations of funds and services for use in 
     carrying out the purposes and policies of this section, other 
     than general administration of reserves or the System and 
     which are consistent with the purposes and policies of this 
     section.
     Donations accepted under this section shall be considered as 
     a gift or bequest to or for the use of the United States for 
     the purpose of carrying out this section.''.
       (f) Section 315(f)(1) (16 U.S.C. 1461(f)(1)) is amended by 
     inserting ``coordination with other state programs 
     established under sections 306 and 309A,'' after 
     ``including''.

     SEC. 17. COASTAL ZONE MANAGEMENT REPORTS.

       Section 316 (16 U.S.C. 1462) is amended--
       (1) by striking ``to the President for transmittal'' in 
     subsection (a);
       (2) by striking ``zone and an evaluation of the 
     effectiveness of financial assistance under section 308 in 
     dealing with such consequences;'' and inserting ``zone;'' in 
     subsection (a)(10);
       (3) by inserting ``education,'' after ``studies,'' in 
     subsection (a)(12);
       (4) by striking ``Secretary'' in the first sentence of 
     subsection (c)(1) and inserting ``Secretary, in consultation 
     with coastal states, and with the participation of affected 
     Federal agencies,'';
       (5) by striking the second sentence of subsection (c)(1) 
     and inserting the following: ``The Secretary, in conducting 
     such a review, shall coordinate with, and obtain the views 
     of, appropriate Federal agencies.'';
       (6) by striking ``shall promptly'' in subsection (c)(2) and 
     inserting ``shall, within 4 years after the date of enactment 
     of the Coastal Zone Enhancement Reauthorization Act of 
     2007,''; and
       (7) by adding at the end of subsection (c)(2) the 
     following: ``If sufficient funds and resources are not 
     available to conduct such a review, the Secretary shall so 
     notify the Congress.''.

     SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

       Section 318 (16 U.S.C. 1464) is amended--

[[Page 15148]]

       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) for grants under sections 306, 306A, and 309--
       ``(A) $90,500,000 for fiscal year 2008,
       ``(B) $94,000,000 for fiscal year 2009,
       ``(C) $98,000,000 for fiscal year 2010,
       ``(D) $102,000,000 for fiscal year 2011, and
       ``(E) $106,000,000 for fiscal year 2012;
       ``(2) for grants under section 309A--
       ``(A) $29,000,000 for fiscal year 2008,
       ``(B) $30,000,000 for fiscal year 2009,
       ``(C) $31,000,000 for fiscal year 2010,
       ``(D) $32,000,000 for fiscal year 2011, and
       ``(E) $32,000,000 for fiscal year 2012,
     of which $10,000,000, or 35 percent, whichever is less, shall 
     be for purposes set forth in section 309A(a)(5);
       ``(3) for grants under section 315--
       ``(A) $37,000,000 for fiscal year 2008,
       ``(B) $38,000,000 for fiscal year 2009,
       ``(C) $39,000,000 for fiscal year 2010,
       ``(D) $40,000,000 for fiscal year 2011, and
       ``(E) $41,000,000 for fiscal year 2012,
     of which up to $15,000,000 may be used by the Secretary in 
     each of fiscal years 2008 through 2012 for grants to fund 
     construction and acquisition projects at estuarine reserves 
     designated under section 315;
       ``(4) for costs associated with administering this title, 
     $7,500,000 for fiscal year 2008, $7,750,000 for fiscal year 
     2009, $8,000,000 for fiscal year 2010, $8,250,000, for fiscal 
     year 2011, and $8,500,000 for fiscal year 2012; and
       ``(5) for grants under section 310 to support State pilot 
     projects to implement resource assessment and information 
     programs, $6,000,000 for each of fiscal years 2008 and 
     20010.'';
       (2) by striking ``306 or 309.'' in subsection (b) and 
     inserting ``306.'';
       (3) by striking ``during the fiscal year, or during the 
     second fiscal year after the fiscal year, for which'' in 
     subsection (c) and inserting ``within 3 years from when'';
       (4) by striking ``under the section for such reverted 
     amount was originally made available.'' in subsection (c) and 
     inserting ``to states under this Act.''; and
       (5) by adding at the end thereof the following:
       ``(d) Purchase of Otherwise Unavailable Federal Products 
     and Services.--Federal funds allocated under this title may 
     be used by grantees to purchase Federal products and services 
     not otherwise available.
       ``(e) Restrictions on Use of Amounts.--Except for funds 
     appropriated under subsection (a)(4), amounts appropriated 
     under this section shall not be available for administrative 
     or overhead costs of the National Oceanic and Atmospheric 
     Administration or the Department of Commerce. Amounts 
     appropriated under subsection (a)(1) or (2) shall be 
     available only for grants to States.''.

     SEC. 19. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY 
                   DETERMINATION.

       (a) In General.--Section 319 (16 U.S.C. 1465) is amended to 
     read as follows:

     ``SEC. 319. APPEALS TO THE SECRETARY.

       ``(a) Notice.--Not later than 30 days after the date of the 
     filing of an appeal to the Secretary of a consistency 
     determination under section 307, the Secretary shall publish 
     an initial notice in the Federal Register.
       ``(b) Closure of Record.--
       ``(1) In general.--Not later than the end of the 270-day 
     period beginning on the date of publication of an initial 
     notice under subsection (a), except as provided in paragraph 
     (3), the Secretary shall immediately close the decision 
     record and receive no more filings on the appeal.
       ``(2) Notice.--After closing the administrative record, the 
     Secretary shall immediately publish a notice in the Federal 
     Register that the administrative record has been closed.
       ``(3) Exception.--
       ``(A) In general.--Subject to subparagraph (B), during the 
     270-day period described in paragraph (1), the Secretary may 
     stay the closing of the decision record--
       ``(i) for a specific period mutually agreed to in writing 
     by the appellant and the State agency; or
       ``(ii) as the Secretary determines necessary to receive, on 
     an expedited basis--

       ``(I) any supplemental information specifically requested 
     by the Secretary to complete a consistency review under this 
     Act; or
       ``(II) any clarifying information submitted by a party to 
     the proceeding related to information already existing in the 
     sole record.

       ``(B) Applicability.--The Secretary may only stay the 270-
     day period described in paragraph (1) once and for a period 
     not to exceed 60 days.
       ``(c) Deadline for Decision.--
       ``(1) In general.--Not later than 90 days after the date of 
     publication of a Federal Register notice stating when the 
     decision record for an appeal has been closed, the Secretary 
     shall issue a decision or publish a notice in the Federal 
     Register explaining why a decision cannot be issued at that 
     time.
       ``(2) Subsequent decision.--Not later than 45 days after 
     the date of publication of a Federal Register notice 
     explaining why a decision cannot be issued within the 90-day 
     period, the Secretary shall issue a decision.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to appeals under subsection (c) or (d) 
     of section 307 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1456) filed after the date of enactment of this Act.
       (c) Special Rule for Appeals Filed On or Before Date of 
     Enactment.--The Secretary of Commerce--
       (1) shall close the administrative record for any appeal 
     under subsection (c) or (d) of section 307 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456) that was filed 
     on or before the date of enactment of this Act within 180 
     days after such date of enactment but not earlier than 
     December 31, 2008;
       (2) may not receive any additional filing with respect to 
     such an appeal; and
       (3) shall issue a decision on the appeal within 90 days 
     after closing the administrative record.

     SEC. 20. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE 
                   MANAGEMENT.

       The Act (16 U.S.C. 1451 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 320. EFFECTS OF CLIMATE CHANGE ON COASTAL ZONE 
                   MANAGEMENT.

       ``In preparing and carrying out its management program, a 
     coastal state may--
       ``(1) conduct assessments, mapping, modeling, and 
     forecasting to understand the physical, environmental, and 
     socio-economic impacts of sea level rise, changes in 
     freshwater quality and quantity, ocean acidification, ocean 
     warming, or other effects of global climate change on the 
     coastal zone;
       ``(2) develop prevention, adaptation or response strategies 
     to reduce vulnerability of coastal communities and resources 
     to such impacts, changes, and effects; and
       ``(3) establish mechanisms to increase local awareness of 
     such impacts, changes, and effects.''.

     SEC. 21. COORDINATION WITH FEDERAL ENERGY REGULATORY 
                   COMMISSION.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Commerce shall submit a report to the 
     Congress on the development of a memorandum of understanding 
     with the Commissioner of the Federal Energy Regulatory 
     Commission for a coordinated process for review of coastal 
     energy activities that provides for--
       (1) improved coordination among Federal, regional, State, 
     and local agencies concerned with conducting reviews under 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.); and
       (2) coordinated schedules for such reviews that ensures 
     that, where appropriate, the reviews are performed 
     concurrently.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Stevens, and Ms. Cantwell):
  S. 1580. A bill to reauthorize the Coral Reef Conservation Act of 
2000, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  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. 1580

       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 ``Coral Reef 
     Conservation Amendments Act of 2007''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Coral Reef Conservation Act of 2000.
Sec. 3. Findings and purposes.
Sec. 4. National coral reef action strategy.
Sec. 5. Coral reef conservation program.
Sec. 6. Coral reef conservation fund.
Sec. 7. Agreements.
Sec. 8. Emergency assistance.
Sec. 9. National program.
Sec. 10. Community-based planning grants.
Sec. 11. Vessel grounding inventory.
Sec. 12. Prohibited activities.
Sec. 13. Destruction of coral reefs.
Sec. 14. Enforcement.
Sec. 15. Permits.
Sec. 16. Regional, State, and Territorial coordination..
Sec. 17. Regulations.
Sec. 18. Effectiveness report.
Sec. 19. Authorization of appropriations.
Sec. 20. Judicial review.
Sec. 21. Definitions.

     SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.).

     SEC. 3. FINDINGS AND PURPOSES.

       Section 202 (16 U.S.C. 6401) is amended to read as follows:

     ``SEC. 202. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds that--
       ``(1) coral reefs contain high biological diversity and 
     serve important ecosystem functions;
       ``(2) coral reef ecosystems provide economic and 
     environmental benefits in the form of food, jobs, natural 
     products, and pharmaceuticals;

[[Page 15149]]

       ``(3) coral reef ecosystems are the basis of thriving 
     commercial and recreational fishing and tourism industries;
       ``(4) a combination of stressors, including climate change, 
     has caused a rapid decline in the health of many coral reef 
     ecosystems globally;
       ``(5) natural stressors on coral reef ecosystems are 
     compounded by human impacts including pollution, overfishing, 
     and physical damage; and
       ``(6) healthy coral reefs provide shoreline protection for 
     coastal communities and resources.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to preserve, sustain, and restore the condition of 
     coral reef ecosystems;
       ``(2) to promote the wise management and sustainable use of 
     coral reef ecosystems to benefit local communities, the 
     Nation, and the world;
       ``(3) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems;
       ``(4) to assist in the preservation of coral reef 
     ecosystems by supporting conservation programs, including 
     projects that involve affected local communities and 
     nongovernmental organizations;
       ``(5) to provide financial resources for those programs and 
     projects;
       ``(6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation projects; and
       ``(7) to provide mechanisms to prevent and minimize damage 
     to coral reefs.''.

     SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203(a) (16 U.S.C. 6402(a)) is amended to read as 
     follows:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of the Coral Reef Conservation Amendments 
     Act of 2007, the Secretary shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and to the 
     House of Representatives Committee on Natural Resources and 
     publish in the Federal Register a national coral reef action 
     strategy, consistent with the purposes of this title. The 
     Secretary shall periodically review and revise the strategy 
     as necessary. In developing this national strategy, the 
     Secretary may consult the Coral Reef Task Force established 
     under Executive Order 13089 (June 11, 1998).''.

     SEC. 5. CORAL REEF CONSERVATION PROGRAM.

       Section 204 (16 U.S.C. 6403) is amended--
       (1) by striking ``Administrator'' each place it appears and 
     inserting ``Secretary'';
       (2) by striking subsection (a) and inserting the following:
       ``(a) Grants.--The Secretary, subject to the availability 
     of funds, shall provide grants of financial assistance for 
     projects for the conservation of coral reef ecosystems 
     (hereafter in this title referred to as `coral conservation 
     projects'), for proposals approved by the Secretary in 
     accordance with this section.'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Eligibility.--Any natural resource management 
     authority of a State or other government authority with 
     jurisdiction over coral reef ecosystems, or whose activities 
     directly or indirectly affect coral reef ecosystems, or 
     educational or nongovernmental institutions with demonstrated 
     expertise in the conservation of coral reef ecosystems, may 
     submit a coral conservation proposal to the Secretary under 
     subsection (e).'';
       (4) by striking ``Geographic and Biological'' in the 
     heading for subsection (d) and inserting ``Project'';
       (5) by striking paragraph (3) of subsection (d) and 
     inserting the following:
       ``(3) Remaining funds shall be awarded for--
       ``(A) projects (with priority given to community-based 
     local action strategies) that address emerging priorities or 
     threats, including international and territorial priorities, 
     or threats identified by the Secretary; and
       ``(B) other appropriate projects, as determined by the 
     Secretary, including monitoring and assessment, research, 
     pollution reduction, education, and technical support.'';
       (6) by striking subsection (g) and inserting the following:
       ``(g) Criteria for Approval.--The Secretary may not approve 
     a project proposal under this section unless the project is 
     consistent with the coral reef action strategy under section 
     203 and will enhance the conservation of coral reef 
     ecosystems nationally or internationally by--
       ``(1) implementing coral conservation programs which 
     promote sustainable development and ensure effective, long-
     term conservation of coral reef ecosystems and biodiversity;
       ``(2) addressing the conflicts arising from the use of 
     environments near coral reef ecosystems or from the use of 
     corals, species associated with coral reef ecosystems, and 
     coral products;
       ``(3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reef ecosystems or regulate the use and management 
     of coral reef ecosystems;
       ``(4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems and their biodiversity, including factors that 
     cause coral disease and bleaching;
       ``(5) promoting and assisting the implementation of 
     cooperative coral reef ecosystem conservation projects that 
     involve affected local communities, nongovernmental 
     organizations, or others in the private sector;
       ``(6) increasing public knowledge and awareness of coral 
     reef ecosystems and issues regarding their long-term 
     conservation, including how they function to protect coastal 
     communities;
       ``(7) mapping the location, distribution, and biodiversity 
     of coral reef ecosystems;
       ``(8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reef ecosystems and 
     biodiversity;
       ``(9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems and biodiversity;
       ``(10) responding to coral disease and bleaching events;
       ``(11) promoting activities designed to prevent or minimize 
     damage to coral reef ecosystems, including the promotion of 
     ecologically sound navigation and anchorages; or
       ``(12) promoting and assisting entities to work with local 
     communities, and all appropriate governmental and 
     nongovernmental organizations, to support community-based 
     planning and management initiatives for the protection of 
     coral reef systems.''; and
       (7) by striking ``coral reefs'' in subsection (j) and 
     inserting ``coral reef ecosystems''.

     SEC. 6. CORAL REEF CONSERVATION FUND.

       Section 205 (16 U.S.C. 6404) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Fund.--The Secretary may enter into agreements with 
     nonprofit organizations promoting coral reef ecosystem 
     conservation by authorizing such organizations to receive, 
     hold, and administer funds received pursuant to this section. 
     Such organizations shall invest, reinvest, and otherwise 
     administer the funds and maintain such funds and any interest 
     or revenues earned in a separate interest-bearing account 
     (referred to in section 218(a) as the `Fund') established by 
     such organizations solely to support partnerships between the 
     public and private sectors that further the purposes of this 
     title and are consistent with the national coral reef action 
     strategy under section 203.'';
       (2) by striking ``Administrator'' in subsection (c) and 
     inserting ``Secretary'';
       (3) by striking ``the grant program'' in subsection (c) and 
     inserting ``any grant program''; and
       (4) by striking ``Administrator'' in subsection (d) and 
     inserting ``Secretary''.

     SEC. 7. AGREEMENTS.

       The Act (16 U.S.C. 6401 et seq.) is amended by 
     redesignating sections 206 through 210 as sections 207 
     through 211, respectively, and inserting after section 205 
     the following:

     ``SEC. 206. AGREEMENTS.

       ``(a) In General.--The Secretary may execute and perform 
     such contracts, leases, grants, or cooperative agreements as 
     may be necessary to carry out the purposes of this title.
       ``(b) Use of Other Agencies' Resources.--For purposes 
     related to the conservation, preservation, protection, 
     restoration, or replacement of coral reefs or coral reef 
     ecosystems and the enforcement of this title, the Secretary 
     is authorized to use, with their consent and with or without 
     reimbursement, the land, services, equipment, personnel, and 
     facilities of any Department, agency, or instrumentality of 
     the United States, or of any State, local government, Indian 
     tribal government, Territory or possession, or of any 
     political subdivision thereof, or of any foreign government 
     or international organization.
       ``(c) Authority To Utilize Grant Funds.--
       ``(1) Except as provided in paragraph (2), the Secretary 
     may apply for, accept, and obligate research grant funding 
     from any Federal source operating competitive grant programs 
     where such funding furthers the purpose of this title.
       ``(2) The Secretary may not apply for, accept, or obligate 
     any grant funding under paragraph (1) for which the granting 
     agency lacks authority to grant funds to Federal agencies, or 
     for any purpose or subject to conditions that are prohibited 
     by law or regulation.
       ``(3) Appropriated funds may be used to satisfy a 
     requirement to match grant funds with recipient agency funds, 
     except that no grant may be accepted that requires a 
     commitment in advance of appropriations.
       ``(4) Funds received from grants shall be deposited in the 
     National Oceanic and Atmospheric Administration account for 
     the purpose for which the grant was awarded.''.

     SEC. 8. EMERGENCY ASSISTANCE.

       Section 207 (formerly 16 U.S.C. 6405), as redesignated, is 
     amended to read as follows:

     ``SEC. 207. EMERGENCY ASSISTANCE.

       ``The Secretary, in cooperation with the Federal Emergency 
     Management Agency, as appropriate, may provide assistance to 
     any

[[Page 15150]]

     State, local, or territorial government agency with 
     jurisdiction over coral reef ecosystems to address any 
     unforeseen or disaster-related circumstance pertaining to 
     coral reef ecosystems.''.

     SEC. 9. NATIONAL PROGRAM.

       Section 208 (formerly 16 U.S.C. 6406), as redesignated, is 
     amended to read as follows:

     ``SEC. 208. NATIONAL PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities, 
     including with local, regional, or international programs and 
     partners, as appropriate, to conserve coral reef ecosystems, 
     that are consistent with this title, the National Marine 
     Sanctuaries Act, the Coastal Zone Management Act of 1972, the 
     Magnuson-Stevens Fishery Conservation and Management Act, the 
     Endangered Species Act of 1973, and the Marine Mammal 
     Protection Act of 1972.
       ``(b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       ``(1) mapping, monitoring, assessment, restoration, 
     socioeconomic and scientific research that benefit the 
     understanding, sustainable use, biodiversity, and long-term 
     conservation of coral reef ecosystems;
       ``(2) enhancing public awareness, education, understanding, 
     and appreciation of coral reef ecosystems;
       ``(3) removing, and providing assistance to States in 
     removing, abandoned fishing gear, marine debris, and 
     abandoned vessels from coral reef ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems, including disease and 
     bleaching;
       ``(5) conservation and management of coral reef ecosystems;
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public. with local, regional, or 
     international programs and partners; and
       ``(7) activities designed to prevent or minimize damage to 
     coral reef ecosystems, including those activities described 
     in section 211 of this title.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies shall provide for the long-term 
     stewardship of environmental data, products, and information 
     via data processing, storage, and archive facilities pursuant 
     to this title. The Secretary may--
       ``(1) archive environmental data collected by Federal, 
     State, local agencies and tribal organizations and federally 
     funded research;
       ``(2) promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;
       ``(3) develop standards, protocols and procedures for 
     sharing Federal data with State and local government programs 
     and the private sector or academia; and
       ``(4) develop metadata standards for coral reef ecosystems 
     in accordance with Federal Geographic Data Committee 
     guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
     The Secretary shall establish an account (to be called the 
     Emergency Response, Stabilization, and Restoration Account) 
     in the Damage Assessment Restoration Revolving Fund 
     established by the Department of Commerce Appropriations Act, 
     1991 (33 U.S.C. 2706 note), for implementation of this 
     subsection for emergency actions. Amounts appropriated for 
     the Account under section 218, and funds authorized by 
     sections 212(d)(3)(B) and 213(f)(3)(B), shall be deposited 
     into the Account and made available for use by the Secretary 
     as specified in sections 212 and 213.''.

     SEC. 10. COMMUNITY-BASED PLANNING GRANTS.

       The Act (16 U.S.C. 6401 et seq.) is amended by further 
     redesignating sections 209 through 211, as redesignated, as 
     sections 210 through 212, respectively, and inserting after 
     section 208 the following:

     ``SEC. 209. COMMUNITY-BASED PLANNING GRANTS.

       ``(a) In General.--The Secretary may make grants to 
     entities who have received grants under section 204 to 
     provide additional funds to such entities to work with local 
     communities and through appropriate Federal and State 
     entities to prepare and implement plans for the increased 
     protection of coral reef areas identified by the community 
     and scientific experts as high priorities for focused 
     attention. The plans shall--
       ``(1) support attainment of 1 or more of the criteria 
     described in section 204(g);
       ``(2) be developed at the community level;
       ``(3) utilize watershed-based approaches;
       ``(4) provide for coordination with Federal and State 
     experts and managers; and
       ``(5) build upon local approaches or models, including 
     traditional or island-based resource management concepts.
       ``(b) Terms and Conditions.--The provisions of subsections 
     (b), (d), (f), and (h) of section 204 apply to grants under 
     subsection (a), except that, for the purpose of applying 
     section 204(b)(1) to grants under this section, `75 percent' 
     shall be substituted for `50 percent'.''.

     SEC. 11. VESSEL GROUNDING INVENTORY.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     redesignating sections 210 through 212, as redesignated, as 
     sections 211 through 213, and inserting after section 209, as 
     added by section 10, the following:

     ``SEC. 210. VESSEL GROUNDING INVENTORY.

       ``(a) In General.--The Secretary may maintain an inventory 
     of all vessel grounding incidents involving coral reefs, 
     including a description of--
       ``(1) the impacts to affected coral reef ecosystems;
       ``(2) vessel and ownership information, if available;
       ``(3) the estimated cost of removal, mitigation, or 
     restoration;
       ``(4) the response action taken by the owner, the 
     Secretary, the Commandant of the Coast Guard, or other 
     Federal or State agency representatives;
       ``(5) the status of the response action, including the 
     dates of vessel removal and mitigation or restoration and any 
     actions taken to prevent future grounding incidents; and
       ``(6) recommendations for additional navigational aids or 
     other mechanisms for preventing future grounding incidents.
       ``(b) Identification of At-Risk Reefs.--The Secretary may--
       ``(1) use information from any inventory maintained under 
     subsection (a) or any other available information source to 
     identify coral reef ecosystems that have a high incidence of 
     vessel impacts, including groundings and anchor damage;
       ``(2) identify appropriate measures, including the 
     acquisition and placement of aids to navigation, moorings, 
     fixed anchors and other devices, to reduce the likelihood of 
     such impacts; and
       ``(3) develop a strategy and timetable to implement such 
     measures, including cooperative actions with other government 
     agencies and non-governmental partners.''.

     SEC. 12. PROHIBITED ACTIVITIES.

       The Act (16 U.S.C. 6401 et seq.) is amended by further 
     redesignating sections 211 through 213, as redesignated, as 
     sections 217 through 220, and inserting after section 210 the 
     following:

     ``SEC. 211. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``(a) Provisions as Complementary.--The provisions of this 
     section are in addition to, and shall not affect the 
     operation of, other Federal, State, or local laws or 
     regulations providing protection to coral reef ecosystems.
       ``(b) Destruction, Loss, Taking, or Injury.--
       ``(1) In general.--Except as provided in paragraph (2), it 
     is unlawful for any person to destroy, take, cause the loss 
     of, or injure any coral reef or any component thereof.
       ``(2) Exceptions.--The destruction, loss, taking, or injury 
     of a coral reef or any component thereof is not unlawful if 
     it--
       ``(A) was caused by the use of fishing gear used in a 
     manner permitted under the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) or 
     other Federal or State law;
       ``(B) was caused by an activity that is authorized by 
     Federal or State law (including lawful discharges from 
     vessels of graywater, cooling water, engine exhaust, ballast 
     water, or sewage from marine sanitation devices), unless the 
     destruction, loss, or injury resulted from actions such as 
     vessel groundings, vessel scrapings, anchor damage, 
     excavation not authorized by Federal or State permit, or 
     other similar activities;
       ``(C) was the necessary result of bona fide marine 
     scientific research (including marine scientific research 
     activities approved by Federal, State, or local permits), 
     other than excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities;
       ``(D) was caused by a Federal Government agency--
       ``(i) during--

       ``(I) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment;
       ``(II) an emergency that posed a threat to national 
     security; or
       ``(III) an activity necessary for law enforcement or search 
     and rescue; and

     could not reasonably be avoided; or
       ``(E) was caused by an action taken to ensure the safety of 
     the vessel or the lives of passengers or crew.
       ``(c) Interference with Enforcement.--It is unlawful for 
     any person to interfere with the enforcement of this title 
     by--
       ``(1) refusing to permit any officer authorized to enforce 
     this title to board a vessel (other than a vessel operated by 
     the Department of Defense or United States Coast Guard) 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this title;
       ``(2) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this 
     title or any such authorized officer in the conduct of any 
     search or inspection performed under this title; or
       ``(3) submitting false information to the Secretary or any 
     officer authorized to enforce this title in connection with 
     any search or inspection conducted under this title.
       ``(d) Violations of Title, Permit, or Regulation.--It is 
     unlawful for any person to

[[Page 15151]]

     violate any provision of this title, any permit issued 
     pursuant to this title, or any regulation promulgated 
     pursuant to this title.
       ``(e) Possession and Distribution.--It is unlawful for any 
     person to possess, sell, deliver, carry, transport, or ship 
     by any means any coral taken in violation of this title.''.

     SEC. 13. DESTRUCTION OF CORAL REEFS.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 211, as added by section 12, the 
     following:

     ``SEC. 212. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, 
                   CORAL REEFS.

       ``(a) Liability.--
       ``(1) Liability to the united states.--Except as provided 
     in subsection (f), all persons who engage in an activity that 
     is prohibited under subsections (a) or (c) of section 211, or 
     create an imminent risk thereof, are liable, jointly and 
     severally, to the United States for an amount equal to the 
     sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, taking, or injury, or imminent risk 
     thereof, including damages resulting from the response 
     actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(2) Liability in rem.--
       ``(A) Any vessel used in an activity that is prohibited 
     under subsection (a) or (c) of section 211, or creates an 
     imminent risk thereof, shall be liable in rem to the United 
     States for an amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described in section 1005 of the Oil Pollution Act of 1990 
     (33 U.S.C. 2705).
       ``(B) The amount of liability shall constitute a maritime 
     lien on the vessel and may be recovered in an action in rem 
     in any district court of the United States that has 
     jurisdiction over the vessel.
       ``(3) Defenses.--A person or vessel is not liable under 
     this subsection if that person or vessel establishes that the 
     destruction, loss, taking, or injury was caused solely by an 
     act of God, an act of war, or an act or omission of a third 
     party (other than an employee or agent of the defendant or 
     one whose act or omission occurs in connection with a 
     contractual relationship, existing directly or indirectly 
     with the defendant), and the person or master of the vessel 
     acted with due care.
       ``(4) No Limit to liability.--Nothing in sections 30501 
     through 30512 or section 30706 of title 46, United States 
     Code, shall limit liability to any person under this title.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction, loss, or taking of, or injury to, coral reefs, 
     or components thereof, or to minimize the risk or imminent 
     risk of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) The Secretary shall assess damages (as defined in 
     section 220(8)) to coral reefs and shall consult with State 
     officials regarding response and damage assessment actions 
     undertaken for coral reefs within State waters.
       ``(B) There shall be no double recovery under this chapter 
     for coral reef damages, including the cost of damage 
     assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       ``(1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described in section 1005 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2705). The 
     Secretary, acting as trustee for coral reefs for the United 
     States, shall submit a request for such an action to the 
     Attorney General whenever a person may be liable for such 
     costs or damages.
       ``(2) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction, loss, or taking of, or injury to a 
     coral reef, or component thereof, occurred or in which there 
     is an imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--Any costs, including 
     response costs and damages recovered by the Secretary under 
     this section shall--
       ``(1) be deposited into an account or accounts in the 
     Damage Assessment Restoration Revolving Fund established by 
     the Department of Commerce Appropriations Act, 1991 (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     and Restoration Fund established by the Department of the 
     Interior and Related Agencies Appropriations Act, 1992 (43 
     U.S.C. 1474b), as appropriate given the location of the 
     violation;
       ``(2) be available for use by the Secretary without further 
     appropriation and remain available until expended; and
       ``(3) be for use, as the Secretary considers appropriate--
       ``(A) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under subsection (a) 
     or (b) of this section for costs incurred in conducting the 
     activity;
       ``(B) to be transferred to the Emergency Response, 
     Stabilization and Restoration Account established under 
     section 208(d) to reimburse that account for amounts used for 
     authorized emergency actions; and
       ``(C) after reimbursement of such costs, to restore, 
     replace, or acquire the equivalent of any coral reefs, or 
     components thereof, including the reasonable costs of 
     monitoring, or to minimize or prevent threats of equivalent 
     injury to, or destruction of coral reefs, or components 
     thereof.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed within 3 years after the date on which the 
     Secretary completes a damage assessment and restoration plan 
     for the coral reefs, or components thereof, to which the 
     action relates. If the Secretary fails to complete such 
     damage assessment and restoration plan within one year after 
     discovery of the damage, then for the purposes of this 
     subsection such assessment and plan shall be deemed to have 
     been completed by the Secretary on the 366th day following 
     discovery of the damage.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.''.

     SEC. 14. ENFORCEMENT.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 212, as added by section 13, the 
     following:

     ``SEC. 213. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this title.
       ``(b) Powers of Authorized Officers.--Any person who is 
     authorized to enforce this title may--
       ``(1) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title, and any equipment, stores, and cargo of 
     such vessel;
       ``(2) seize wherever found any component of coral reef 
     taken or retained in violation of this title, any regulation 
     promulgated under this title, or any permit issued under this 
     title;
       ``(3) seize any evidence of a violation of this title, any 
     regulation promulgated under this title, or any permit issued 
     under this title;
       ``(4) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(5) exercise any other lawful authority; and
       ``(6) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 211.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil administrative penalty.--Any person subject to 
     the jurisdiction of the United States who violates this title 
     or any regulation promulgated or permit issued hereunder, 
     shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation. 
     In determining the amount of civil administrative penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, and any history of prior violations, and such 
     other matters as justice may require. In assessing such 
     penalty, the Secretary may also consider information related 
     to the ability of the violator to pay.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this title, and who violates this 
     title or any regulation or permit issued under this title, 
     the Secretary may deny,

[[Page 15152]]

     suspend, amend, or revoke in whole or in part any such 
     permit. For any person who has failed to pay or defaulted on 
     a payment agreement of any civil penalty or criminal fine or 
     liability assessed pursuant to any natural resource law 
     administered by the Secretary, the Secretary may deny, 
     suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this title.
       ``(3) Imposition of civil judicial penalties.--Any person 
     who violates any provision of this title, any regulation 
     promulgated or permit issued thereunder, shall be subject to 
     a civil judicial penalty not to exceed $250,000 for each such 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require. In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require. In imposing 
     such penalty, the district court may also consider 
     information related to the ability of the violator to pay.
       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       ``(5) In rem jurisdiction.--A vessel used in violating this 
     title, any regulation promulgated under this title, or any 
     permit issued under this title, shall be liable in rem for 
     any civil penalty assessed for such violation. Such penalty 
     shall constitute a maritime lien on the vessel and may be 
     recovered in an action in rem in the district court of the 
     United States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by Secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidiction.--The several district courts of the 
     United States shall have jurisdiction over any actions 
     brought by the United States arising under this section. For 
     the purpose of this section, American Samoa shall be included 
     within the judicial district of the District Court of the 
     United States for the District of Hawaii. Each violation 
     shall be a separate offense and the offense shall be deemed 
     to have been committed not only in the district where the 
     violation first occurred, but also in any other district as 
     authorized by law.
       ``(d) Forfeiture.--
       ``(1) Criminal forfeiture.--A person who is convicted of an 
     offense in violation of this title shall forfeit to the 
     United States--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation.
     Pursuant to section 2461(c) of title 28, United States Code, 
     the provisions of section 413 of the Controlled Substances 
     Act (21 U.S.C. 853) other than subsection (d) thereof shall 
     apply to criminal forfeitures under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be forfeited to the United States in accordance with the 
     provisions of chapter 46 of title 18, United States Code, and 
     no property right shall exist in it:
       ``(A) Any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this 
     title, including, without limitation, any coral reef or coral 
     reef component (or the fair market value thereof).
       ``(B) Any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this title, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary judgment, and judicial 
     forfeiture and condemnation for violation of the customs 
     laws, the disposition of the property forfeited or condemned 
     or the proceeds from the sale thereof, the remission or 
     mitigation of such forfeitures, and the compromise of claims 
     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     insofar as applicable and not inconsistent with the 
     provisions hereof. For seizures and forfeitures of property 
     under this section by the Secretary, such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by such officers as are 
     designated by the Secretary or, upon request of the 
     Secretary, by any other agency that has authority to manage 
     and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this title or of any 
     regulation promulgated under this title were taken, obtained, 
     or retained in violation of this title or of a regulation 
     promulgated under this title.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this title 
     or of any regulation promulgated under this title and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Notwithstanding section 3302 of title 31, United 
     States Code, or section 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1861), amounts 
     received by the United States as civil penalties under 
     subsection (c) of this section, forfeitures of property under 
     subsection (d) of this section, and costs imposed under 
     subsection (e) of this section, shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Amounts received under this section for forfeitures 
     under subsection (d) and costs imposed under subsection (e) 
     shall be used to pay the reasonable and necessary costs 
     incurred by the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this title or any regulation 
     promulgated under this title.
       ``(3) Amounts received under this section as civil 
     penalties under subsection (c) of this section and any 
     amounts remaining after the operation of paragraph (2) of 
     this subsection shall--
       ``(A) be used to stabilize, restore, or otherwise manage 
     the coral reef with respect to which the violation occurred 
     that resulted in the penalty or forfeiture;
       ``(B) be transferred to the Emergency Response, 
     Stabilization, and Restoration Account established under 
     section 208(d) or an account described in section 212(d)(1) 
     of this title, to reimburse such account for amounts used for 
     authorized emergency actions;
       ``(C) be used to conduct monitoring and enforcement 
     activities;
       ``(D) be used to conduct research on techniques to 
     stabilize and restore coral reefs;
       ``(E) be used to conduct activities that prevent or reduce 
     the likelihood of future damage to coral reefs;
       ``(F) be used to stabilize, restore or otherwise manage any 
     other coral reef; or
       ``(G) be used to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this title or 
     any regulation promulgated under this title.
       ``(g) Criminal Enforcement.--
       ``(1) Any person (other than a foreign government or any 
     entity of such government) who knowingly commits any act 
     prohibited by section 211(b) of this title shall be 
     imprisoned for not more than 5 years and shall be fined not 
     more than $500,000 for individuals or $1,000,000 for an 
     organization; except that if in the commission of any such 
     offense the individual uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any officer authorized 
     to enforce the provisions of this title, or places any such 
     officer in fear of imminent bodily injury, the maximum term 
     of imprisonment is not more than 10 years.
       ``(2) Any person (other than a foreign government or any 
     entity of such government) who knowingly violates subsection 
     (a) or (c) of section 211 shall be fined under title 18, 
     United States Code, or imprisoned not more than 5 years or 
     both.
       ``(3) The several district courts of the United States 
     shall have jurisdiction over

[[Page 15153]]

     any actions brought by the United States arising under this 
     subsection. For the purpose of this subsection, American 
     Samoa shall be included within the judicial district of the 
     District Court of the United States for the District of 
     Hawaii. Each violation shall be a separate offense and the 
     offense shall be deemed to have been committed not only in 
     the district where the violation first occurred, but also in 
     any other district as authorized by law. Any offenses not 
     committed in any district are subject to the venue provisions 
     of section 3238 of title 18, United States Code.
       ``(h) Subpenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the National Oceanic and Atmospheric 
     Administration which is determined on the record in 
     accordance with the procedures provided for under section 554 
     of title 5, United States Code, the Secretary may issue 
     subpenas for the attendance and testimony of witnesses and 
     the production of relevant papers, books, electronic files, 
     and documents, and may administer oaths.
       ``(i) Coast Guard Authority Not Limited.--Nothing in this 
     section shall be considered to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) If the Secretary determines that there is an imminent 
     risk of destruction or loss of or injury to a coral reef, or 
     that there has been actual destruction or loss of, or injury 
     to, a coral reef which may give rise to liability under 
     section 212 of this title, the Attorney General, upon request 
     of the Secretary, shall seek to obtain such relief as may be 
     necessary to abate such risk or actual destruction, loss, or 
     injury, or to restore or replace the coral reef, or both. The 
     district courts of the Unites States shall have jurisdiction 
     in such a case to order such relief as the public interest 
     and the equities of the case may require.
       ``(2) Upon the request of the Secretary, the Attorney 
     General may seek to enjoin any person who is alleged to be in 
     violation of any provision of this title, or any regulation 
     or permit issued under this title, and the district courts 
     shall have jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this title includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this title, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in civil actions.--A civil action under this 
     title may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef or component 
     thereof that is the subject of the action is not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.''.

     SEC. 15. PERMITS.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 213, as added by section 14, the 
     following:

     ``SEC. 214. PERMITS.

       ``(a) In General.--The Secretary may allow for the conduct 
     of--
       ``(1) bona fide research, and
       ``(2) activities that would otherwise be prohibited by this 
     title or regulations issued thereunder,
     through issuance of coral reef conservation permits in 
     accordance with regulations issued under this title.
       ``(b) Limitation of Non-research Activities.--The Secretary 
     may not issue a permit for activities other than for bona 
     fide research unless the Secretary finds--
       ``(1) the activity proposed to be conducted is compatible 
     with one or more of the purposes in section 202(b) of this 
     title;
       ``(2) the activity conforms to the provisions of all other 
     laws and regulations applicable to the area for which such 
     permit is to be issued; and
       ``(3) there is no practicable alternative to conducting the 
     activity in a manner that destroys, causes the loss of, or 
     injures any coral reef or any component thereof.
       ``(c) Terms and Conditions.--The Secretary may place any 
     terms and conditions on a permit issued under this section 
     that the Secretary deems reasonable.
       ``(d) Fees.--
       ``(1) Assessment and collection.--Subject to regulations 
     issued under this title, the Secretary may assess and collect 
     fees as specified in this subsection.
       ``(2) Amount.--Any fee assessed shall be equal to the sum 
     of--
       ``(A) all costs incurred, or expected to be incurred, by 
     the Secretary in processing the permit application, including 
     indirect costs; and
       ``(B) if the permit is approved, all costs incurred, or 
     expected to be incurred, by the Secretary as a direct result 
     of the conduct of the activity for which the permit is 
     issued, including costs of monitoring the conduct of the 
     activity and educating the public about the activity and 
     coral reef resources related to the activity.
       ``(3) Use of fees.--Amounts collected by the Secretary in 
     the form of fees under this section shall be collected and 
     available for use only to the extent provided in advance in 
     appropriations Acts and may be used by the Secretary for 
     issuing and administering permits under this section.
       ``(4) Waiver or reduction of fees.--For any fee assessed 
     under paragraph (2) of this subsection, the Secretary may--
       ``(A) accept in-kind contributions in lieu of a fee; or
       ``(B) waive or reduce the fee.
       ``(e) Fishing.--Nothing in this section shall be considered 
     to require a person to obtain a permit under this section for 
     the conduct of any fishing activities not prohibited by this 
     title or regulations issued thereunder.''.

     SEC. 16. REGIONAL, STATE, AND TERRITORIAL COORDINATION..

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 214, as added by section 15, the 
     following:

     ``SEC. 215. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

       ``(a) Regional Coordination.--The Secretary shall work in 
     coordination and collaboration with other Federal agencies, 
     States, and United States territorial governments to 
     implement the strategies developed under section 203, 
     including regional and local strategies, to address multiple 
     threats to coral reefs and coral reef ecosystems such as 
     coastal runoff, vessel impacts, and overharvesting.
       ``(b) Response and Restoration Activities.--The Secretary 
     shall, when appropriate, enter into a written agreement with 
     any affected State regarding the manner in which response and 
     restoration activities will be conducted within the affected 
     State's waters.
       ``(c) Cooperative Enforcement Agreements.--All cooperative 
     enforcement agreements in place between the Secretary and 
     States affected by this title shall be updated to include 
     enforcement of this title where appropriate.''.

     SEC. 17. REGULATIONS.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 215, as added by section 16, the 
     following:

     ``SEC. 216. REGULATIONS.

       ``The Secretary may issue such regulations as are necessary 
     and appropriate to carry out the purposes of this title. This 
     title and any regulations promulgated under this title shall 
     be applied in accordance with international law. No 
     restrictions shall apply to or be enforced against a person 
     who is not a citizen, national, or resident alien of the 
     United States (including foreign flag vessels) unless in 
     accordance with international law.''.

     SEC. 18. EFFECTIVENESS REPORT.

       Section 217 (formerly 16 U.S.C. 6407), as redesignated, is 
     amended to read as follows:

     ``SEC. 217. EFFECTIVENESS REPORT.

       ``Not later than March 1, 2009, and every 3 years 
     thereafter, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Resources of the House of Representatives a 
     report describing all activities undertaken to implement the 
     strategy, including--
       ``(1) a description of the funds obligated by each 
     participating Federal agency to advance coral reef 
     conservation during each of the 3 fiscal years next preceding 
     the fiscal year in which the report is submitted;
       ``(2) a description of Federal interagency and cooperative 
     efforts with States and United States territories to prevent 
     or address overharvesting, coastal runoff, or other 
     anthropogenic impacts on coral reefs, including projects 
     undertaken with the Department of Interior, Department of 
     Agriculture, the Environmental Protection Agency, and the 
     United States Army Corps of Engineers;
       ``(3) a summary of the information contained in the vessel 
     grounding inventory established under section 210, including 
     additional authorization or funding, needed for response and 
     removal of such vessels;''
       ``(4) a description of Federal disaster response actions 
     taken pursuant to the National Response Plan to address 
     damage to coral reefs and coral reef ecosystems; and
       ``(5) an assessment of the condition of United States coral 
     reefs, accomplishments

[[Page 15154]]

     under this Act, and the effectiveness of management actions 
     to address threats to coral reefs.''.

     SEC. 19. AUTHORIZATION OF APPROPRIATIONS.

       Section 218 (formerly 16 U.S.C. 6408), as redesignated, is 
     amended--
       (1) by striking ``$16,000,000 for each of fiscal years 
     2001, 2002, 2003, and 2004,'' in subsection (a) and inserting 
     ``$34,000,000 for fiscal year 2008, $36,000,000 for fiscal 
     year 2009, $38,000,000 for fiscal year 2010, and $40,000,000 
     for each of fiscal years 2011 through 2014, of which no less 
     than 30 percent per year (for each of fiscal years 2008 
     through 2014) shall be used for the grant program under 
     section 204 and up to 10 percent per year shall be used for 
     the Fund established under section 205(a),'';
       (2) by striking ``$1,000,000'' in subsection (b) and 
     inserting ``$2,000,000'';
       (3) by striking subsection (c) and inserting the following:
       ``(c) Community-Based Planning Grants.--There is authorized 
     to be appropriated to the Secretary to carry out section 209 
     the sum of $8,000,000 for fiscal years 2007 through 2012, 
     such sum to remain available until expended.''; and
       (4) by striking subsection (d).

     SEC. 20. JUDICIAL REVIEW.

       The Act (16 U.S.C. 6401 et seq.) is further amended by 
     inserting after section 218, as amended by section 19, the 
     following:

     ``SEC. 219. JUDICIAL REVIEW.

       ``(a) In General.--Judicial review of any action taken by 
     the Secretary under this title shall be in accordance with 
     sections 701 through 706 of title 5, United States Code, 
     except that--
       ``(1) review of any final agency action of the Secretary 
     taken pursuant to sections 211(c)(1) and 211(c)(2) may be had 
     only by the filing of a complaint by an interested person in 
     the United States District Court for the appropriate district 
     within 30 days after the date such final agency action is 
     taken; and
       ``(2) review of all other final agency actions of the 
     Secretary under this title may be had only by the filing of a 
     petition for review by an interested person in the Circuit 
     Court of Appeals of the United States for the Federal 
     judicial district in which such person resides or transacts 
     business which is directly affected by the action taken 
     within 120 days after the date such final agency action is 
     taken.
       ``(b) No Review in Enforcement Proceedings.--Final agency 
     action with respect to which review could have been obtained 
     under subsection (a)(2) shall not be subject to judicial 
     review in any civil or criminal proceeding for enforcement.
       ``(c) Cost of Litigation.--In any judicial proceeding under 
     subsection (a), the court may award costs of litigation 
     (including reasonable attorney and expert witness fees) to 
     any prevailing party whenever it determines that such award 
     is appropriate.''.

     SEC. 21. DEFINITIONS.

       Section 220 (formerly 16 U.S.C. 6409), as redesignated, is 
     amended to read as follows:

     ``SEC. 220. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources 
     including, inter alia, terrestrial, marine, and other aquatic 
     ecosystems and the ecological complexes of which they are 
     part, including diversity within species, between species, 
     and of ecosystems.
       ``(2) Conservation.--The term `conservation' means the use 
     of methods and procedures necessary to preserve or sustain 
     corals and associated species and habitat as resilient, 
     diverse, viable, and self-perpetuating coral reef ecosystems, 
     including all activities associated with resource management 
     (such as assessment, conservation, protection, restoration, 
     sustainable use, and management of habitat, mapping, habitat 
     monitoring, assistance in the development of management 
     strategies for marine protected areas and marine resources 
     consistent with the National Marine Sanctuaries Act (16 
     U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.), law 
     enforcement, conflict resolution initiatives, and community 
     outreach and education) that promote safe and ecologically 
     sound navigation.
       ``(3) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Gorgonacea (horny 
     corals), Stolonifera (organpipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral) of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidea (fire 
     corals) and Stylasteridae (stylasterid hydrocorals) of the 
     class Hydrozoa.
       ``(4) Coral reef.--The term `coral reef' means limestone 
     structures composed in whole or in part of living corals, as 
     described in paragraph (3), their skeletal remains, or both, 
     and including other corals, associated sessile invertebrates 
     and plants, and any adjacent or associated seagrasses.
       ``(5) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living or dead corals, associated sessile 
     invertebrates and plants, and any adjacent or associated 
     seagrasses.
       ``(6) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means the system of coral reefs and geographically 
     associated species, habitats, and environment, including 
     mangroves and seagrass habitats, and the processes that 
     control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or component thereof; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or component thereof;
       ``(B) the reasonable cost of damage assessments under 
     section 212;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archaeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 212, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components thereof, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Person.--The term `person' means any individual, 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic, private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(12) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or component thereof, or to minimize the imminent risks of 
     such destruction, loss, or injury, including costs related to 
     seizure, forfeiture, storage, or disposal arising from 
     liability under section 212.
       ``(13) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 210, sections 
     217 through 219, and the other paragraphs of this section, 
     the Secretary of Commerce, acting through the Administrator 
     of the National Oceanic and Atmospheric Administration; and
       ``(B) for purposes of sections 211 through 219--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (September 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not described in clause 
     (i).
       ``(14) Service.--The term `service' means functions, 
     ecological or otherwise, performed by a coral reef or 
     component thereof.
       ``(15) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(16) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself and Ms. Cantwell):
  S. 1581. A bill to establish an interagency committee to develop an 
ocean acidification research and monitoring plan and to establish an 
ocean acidification program within the National Oceanic and Atmospheric 
Administration; to the Committee on Commerce, Science, and 
Transportation.

[[Page 15155]]


  Mr. LAUTENBERG. Mr. President, I rise today to introduce legislation 
that would establish a comprehensive Federal research plan and program 
to address ocean acidification, which poses a growing threat to the 
health of our oceans.
  Our oceans help reduce global warming by absorbing carbon dioxide 
from the atmosphere. To date, about one-third of all human-generated 
carbon emissions have dissolved into the ocean. However, the increase 
in carbon dioxide lowers ocean pH, and causes the oceans to become more 
acidic. This increase in acidity is corrosive to marine shells and 
organisms that form the base of the food chain for many fish and marine 
mammals. These changes in ocean chemistry also threaten coral reef 
ecosystems, habitats so rich in biodiversity they are called he rain 
forests of the sea. Even a mild increase in ocean acidity could make 
these organisms more vulnerable to disease, pollution and other 
environmental stresses. If the acidic conditions increase 
significantly, marine shells could actually begin to dissolve.
  Ocean acidification demands our immediate attention. Current 
projections of carbon dioxide emissions suggest that the acidity of our 
oceans is likely to accelerate significantly in the coming years. NOAA 
scientists have said that ocean acidity has increased 30 percent since 
the industrial revolution and they estimate by the end of this century 
the acidity of the oceans may increase 150 percent. They also project 
that current trends could result in a decrease in ocean pH to the 
lowest levels in 20 million years.
  Ocean acidification threatens our marine ecosystems and could result 
in significant social and economic costs. The rich biodiversity of 
marine organisms is an important contribution to the national economy 
providing food, tourism, and aesthetic benefits, but they are 
vulnerable to human activity. Ocean acidification threatens fish and 
all calcifying organisms including corals, scallops, clams, crabs, 
lobsters, and plankton.
  It is important to note the potential economic impacts of ocean 
acidification. Coastal and marine commercial fishing generates upwards 
of $30 billion per year and employs nearly 70,000 people. Many of these 
fisheries also rely upon healthy coral habitats. Increased ocean 
acidification reduces the ability of corals and shellfish to produce 
their skeletons. Globally, coral reefs are home to more than 4,000 
kinds of fish, and generate $30 billion per year in fishing, tourism, 
and protection to coasts from storms. Scientists have estimated that, 
due to excess carbon dioxide in the oceans, corals may be unable to 
form their skeletons by mid-century, and could begin to dissolve by the 
end of this century. Destroying these ecosystems will have staggering 
environmental, social and economic consequences.
  In addition, ocean acidification directly threatens numerous 
commercially and recreationally important fish and shellfish species 
from coast to coast. Carbon dioxide-rich waters have been shown to 
decrease the body weight of Pacific salmon and increase the mortality 
rate of Alaskan blue king crab. Over 50 percent of our commercial catch 
in the United States is shellfish. In New Jersey, sea scallops and 
clams are some of the State's most valuable fisheries, valued at $121 
million. These and other important shellfish species are threatened by 
growing acidification.
  Research on the processes and consequences of ocean acidification is 
still in its infancy. The urgency of developing interagency 
collaboration to address this far-reaching environmental problem is 
widely recognized in the scientific community. In January, the 
Administration Ocean Research Priorities Plan, ORPP, identified ocean 
acidification as a research priority. Consistent with the ORPP, my 
legislation will establish a comprehensive research and monitoring 
program within the National Oceanic and Atmospheric Administration, 
NOAA. This is critical for ocean management in the long-term because 
many questions on the effect of increasing atmospheric carbon dioxide 
on ocean chemistry and marine life remain unanswered.
  My legislation also establishes an interagency committee to develop a 
comprehensive ocean acidification research and monitoring plan designed 
to improve the understanding of the environmental and economic impacts 
of increased ocean acidification. The plan will identify priority 
research areas and strengthen relevant programs within our federal 
agencies. The plan will also address commercially and recreationally 
important species, as well as vulnerable ecosystems including coral 
reefs and coastal and polar oceans threatened by acidification.
  The rise of carbon dioxide in our atmosphere has been measured 
continuously since 1958. Known as the ``Keeling Curve'', these 
measurements are a cornerstone of our understanding of man-made 
increases in carbon dioxide causing global warming and ocean 
acidification. It is vital that we establish a program for long-term 
global measurements of ocean pH to understand the processes and 
consequences of ocean acidification. A key component in our bill 
directs federal agencies to establish a long-term monitoring program of 
pH levels in the ocean utilizing existing global ocean observing 
assets.
  Congress has been hearing from our Nation experts on ocean 
acidification since 2004. Now is the time for national investment in a 
coordinated program of research and monitoring to improve understanding 
of ocean acidification, and strengthen the ability of marine resource 
managers to assess and prepare for the harmful impacts of ocean 
acidification on our marine resources.
  I would like to thank Senator Cantwell for her cosponsorship and 
support on this important issue. I look forward to working with my 
colleagues in the Senate to ensure passage of this legislation so that 
we can fill this vital research need and protect our valuable marine 
resources.
  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. 1581

       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 ``Federal 
     Ocean Acidification Research And Monitoring Act of 2007'' or 
     the ``FOARAM Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Interagency committee on ocean acidification.
Sec. 4. Strategic research and implementation plan.
Sec. 5. NOAA ocean acidification program.
Sec. 6. Definitions.
Sec. 7. Authorization of appropriations.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The oceans help mitigate the effects of global warming 
     by absorbing atmospheric carbon dioxide. About a third of 
     anthropogenic carbon dioxide is currently absorbed by the 
     ocean.
       (2) The rapid increase in atmospheric carbon dioxide is 
     overwhelming the natural ability of the oceans to cope with 
     human-induced carbon dioxide emissions.
       (3) The emission of carbon dioxide into the atmosphere is 
     causing the oceans to become more acidic. The increase in 
     acidity and changes in ocean chemistry are corrosive to 
     marine shells and organisms that form the base of the food 
     chain for many fish and marine mammals including the 
     skeletons of corals which provide one of the richest habitats 
     on earth.
       (4) The rich biodiversity of marine organisms is an 
     important contribution to the national economy and the change 
     in ocean chemistry threatens our fisheries and marine 
     environmental quality, and could result in significant social 
     and economic costs.
       (5) Existing Federal programs support research in related 
     ocean chemistry, but gaps in funding, coordination, and 
     outreach have impeded national progress in addressing ocean 
     acidification.
       (6) National investment in a coordinated program of 
     research and monitoring would improve the understanding of 
     ocean acidification effects on whole ecosystems, advance our 
     knowledge of the socio-economic impacts of increased ocean 
     acidification, and strengthen the ability of marine resource 
     managers to assess and prepare for the harmful impacts of 
     ocean acidification on our marine resources.

[[Page 15156]]

       (b) Purposes.--The purposes of this Act are to provide 
     for--
       (1) development and coordination of a comprehensive 
     interagency plan to monitor and conduct research on the 
     processes and consequences of ocean acidification on marine 
     organisms and ecosystems and to establish an ocean 
     acidification program within the National Oceanic and 
     Atmospheric Administration; and
       (2) assessment and consideration of regional and national 
     ecosystem and socio-economic impacts of increased ocean 
     acidification, and integration into marine resource 
     decisions.

     SEC. 3. INTERAGENCY COMMITTEE ON OCEAN ACIDIFICATION.

       (a) Establishment.--
       (1) In general.--There is hereby established an Interagency 
     Committee on Ocean Acidification.
       (2) Membership.--The Committee shall be comprised of senior 
     representatives from the National Oceanic and Atmospheric 
     Administration, the National Science Foundation, the National 
     Aeronautics and Space Administration, the United States 
     Geological Survey, the United States Fish and Wildlife 
     Service, the Environmental Protection Agency, the Department 
     of Energy, and such other Federal agencies as the Secretary 
     considers appropriate.
       (3) Chairman.--The Committee shall be chaired by the 
     representative from the National Oceanic and Atmospheric 
     Administration. The chairman may create subcommittees chaired 
     by any member agency of the committee. Working groups may be 
     formed by the full Committee to address issues that may 
     require more specialized expertise than is provided by 
     existing subcommittees.
       (b) Purpose.--The Committee shall oversee the planning, 
     establishment, and coordination of a plan designed to improve 
     the understanding of the role of increased ocean 
     acidification on marine ecosystems.
       (c) Reports to Congress.--
       (1) Strategic research and implementation plan.--The 
     Committee shall submit the strategic research and 
     implementation plan established under section 4 to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Natural Resources.
       (2) Triennial report.--Not later than 2 years after the 
     date of the enactment of this Act and every 3 years 
     thereafter, the Committee shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Natural Resources 
     that includes--
       (A) a summary of federally funded ocean acidification 
     research and monitoring activities, including the budget for 
     each of these activities; and
       (B) an analysis of the progress made toward achieving the 
     goals and priorities for the interagency research plan 
     developed by the Committee under section 4 and 
     recommendations for future activities.

     SEC. 4. STRATEGIC RESEARCH AND IMPLEMENTATION PLAN.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act, the Committee shall develop a strategic research 
     and implementation plan for coordinated Federal activities. 
     In developing the plan, the Committee shall consider and use 
     reports and studies conducted by Federal agencies and 
     departments, the National Research Council, the Ocean 
     Research and Resources Advisory Panel, the Joint Subcommittee 
     on Ocean, Science, and Technology of the National Science and 
     Technology Council, the Joint Ocean Commission Initiative, 
     and other expert scientific bodies.
       (b) Scope.--The plan shall--
       (1) provide for interdisciplinary research among the ocean 
     sciences, and coordinated research and activities to improve 
     understanding of ocean acidification that will affect marine 
     ecosystems and to assess the potential and realized socio-
     economic impact of ocean acidification, including--
       (A) effects of atmospheric carbon dioxide on ocean 
     chemistry;
       (B) biological impacts of ocean acidification, including 
     research on--
       (i) commercially and recreationally important species and 
     ecologically important calcifiers that lie at the base of the 
     food chain; and
       (ii) physiological changes in response to ocean 
     acidification;
       (C) identification and assessment of ecosystems most at 
     risk from projected changes in ocean chemistry including--
       (i) coral reef ecosystems;
       (ii) polar ecosystems; and
       (iii) coastal ocean ecosystems;
       (D) modeling the effects of pH including ecosystem 
     forecasting;
       (E) identifying feedback mechanisms resulting from the 
     ocean chemistry changes and the subsequent decrease in 
     calcification rates in organisms;
       (F) socio-economic impacts of ocean acidification, 
     including commercially and recreationally important 
     fisheries;
       (2) establish, for the 10-year period beginning in the year 
     it is submitted, goals, priorities, and guidelines for 
     coordinated activities that will--
       (A) most effectively advance scientific understanding of 
     the characteristics and impacts of ocean acidification;
       (B) provide forecasts of changes in ocean acidification and 
     the consequent impacts on marine ecosystems; and
       (C) provide a basis for policy decisions to reduce and 
     manage ocean acidification and its environmental impacts;
       (3) provide an estimate of Federal funding requirements for 
     research and monitoring activities; and
       (4) identify and strengthen relevant programs and 
     activities of the Federal agencies and departments that would 
     contribute to accomplishing the goals of the plan and prevent 
     unnecessary duplication of efforts, including making 
     recommendations for the use of observing systems and 
     technological research and development.

     SEC. 5. NOAA OCEAN ACIDIFICATION PROGRAM.

       (a) In General.--The Secretary shall establish and maintain 
     an ocean acidification program within the National Oceanic 
     and Atmospheric Administration to implement activities 
     consistent with the strategic research and implementation 
     plan developed by the Committee under section 4 that--
       (1) includes--
       (A) interdisciplinary research among the ocean sciences, 
     and coordinated research and activities to improve 
     understanding of ocean acidification;
       (B) the establishment of a long-term monitoring program of 
     pH levels in the ocean utilizing existing global ocean 
     observing assets and adding instrumentation and sampling 
     stations as appropriate to the aims of the research program;
       (C) educational opportunities that encourage an 
     interdisciplinary and international approach to exploring the 
     impacts of ocean acidification;
       (D) national public outreach activities to improve the 
     understanding of ocean acidification and its impacts on 
     marine resources; and
       (E) coordination of ocean acidification monitoring and 
     impacts research with other appropriate international ocean 
     science bodies such as the International Oceanographic 
     Commission, the International Council for the Exploration of 
     the Sea, the North Pacific Marine Science Organization, and 
     others;
       (2) provides grants for critical research projects that 
     explore the effects of ocean acidification on ecosystems and 
     the socio-economic impacts of increased ocean acidification 
     that are relevant to the goals and priorities of the 
     strategic research plan; and
       (3) incorporates a competitive merit-based grant process 
     that may be conducted jointly with other participating 
     agencies or under the National Oceanographic Partnership 
     Program under section 7901 of title 10, United States Code.
       (b) Additional Authority.--In conducting the Program, the 
     Secretary may enter into and perform such contracts, leases, 
     grants, or cooperative agreements as may be necessary to 
     carry out the purposes of this Act on such terms as the 
     Secretary deems appropriate.

     SEC. 6. DEFINITIONS.

       In this Act:
       (1) Committee.--The term ``Committee'' means the 
     Interagency Committee on Ocean Acidification established by 
     section 3(a).
       (2) Ocean acidification.--The term ``ocean acidification'' 
     means the decrease in the pH of the Earth's oceans caused by 
     the uptake of anthropogenic carbon dioxide from the 
     atmosphere.
       (3) Program.--The term ``Program'' means the National 
     Oceanic and Atmospheric Administration Ocean Acidification 
     Program established under section 5.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the National Oceanic and Atmospheric Administration 
     $30,000,000 to carry out the purposes of this Act for each of 
     fiscal years 2008 through 2012, and such sums as may be 
     necessary for fiscal years after fiscal year 2012.
       (b) Allocation.--
       (1) Of the amounts made available to carry out this Act for 
     a fiscal year, the Secretary shall allocate at least 60 
     percent to other departments and agencies to carry out the 
     priorities of the plan developed by the Committee.
       (2) Of the amounts made available to carry out this Act for 
     any fiscal year, the Secretary, and other departments and 
     agencies to which amounts are allocated under paragraph (1), 
     shall allocate at least 50 percent for competitive grants.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Stevens, Ms. Cantwell, and Ms. 
        Snowe):
  S. 1582. A bill to reauthorize and amend the Hydrographic Services 
Improvement Act, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  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 15157]]



                                S. 1582

       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 ``Hydrographic Services 
     Improvement Act Amendments of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       The Hydrographic Services Improvement Act of 1998 (33 
     U.S.C. 892 et seq.) is amended--
       (1) by redesignating sections 302 through 306 as sections 
     303 through 307, respectively; and
       (2) by inserting after section 301 the following:

     ``SEC. 302. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds the following:
       ``(1) In 2007, the Nation celebrates the 200th anniversary 
     of its oldest scientific agency, the Survey of the Coast, 
     which was authorized by Congress and created by President 
     Thomas Jefferson in 1807 to conduct surveys of the coast and 
     provide nautical charts for safe passage through the Nation's 
     ports and along its extensive coastline.
       ``(2) These mission requirements and capabilities, which 
     today are located in the National Oceanic and Atmospheric 
     Administration, evolved over time to include--
       ``(A) research, development, operations, products, and 
     services associated with hydrographic, geodetic, shoreline, 
     and baseline surveying;
       ``(B) cartography, mapping, and charting;
       ``(C) tides, currents, and water level observations;
       ``(D) maintenance of a national spatial reference system; 
     and
       ``(E) associated products and services.
       ``(3) There is a need to maintain Federal expertise and 
     capability in hydrographic data and services to support a 
     safe and efficient marine transportation system for the 
     enhancement and promotion of international trade and 
     interstate commerce vital to the Nation's economic prosperity 
     and for myriad other commercial and recreational activities.
       ``(4) The Nation's marine transportation system is becoming 
     increasingly congested, the volume of international maritime 
     commerce is expected to double within the next 20 years, and 
     nearly half of the cargo transiting United States waters is 
     oil, refined petroleum products, or other hazardous 
     substances.
       ``(5) In addition to commerce, hydrographic data and 
     services support other national needs for the Great Lakes and 
     coastal waters, the territorial sea, the Exclusive Economic 
     Zone, and the continental shelf of the United States, 
     including--
       ``(A) emergency response;
       ``(B) homeland security;
       ``(C) marine resource conservation;
       ``(D) coastal resiliency to sea-level rise, coastal 
     inundation, and other hazards;
       ``(E) ocean and coastal science advancement; and
       ``(F) improved and integrated ocean and coastal mapping and 
     observations for an integrated ocean observing system.
       ``(6) The National Oceanic and Atmospheric Administration, 
     in cooperation with other agencies and the States, serves as 
     the Nation's leading civil authority for establishing and 
     maintaining national standards and datums for hydrographic 
     data and services.
       ``(7) The Director of the National Oceanic and Atmospheric 
     Administration's Office of Coast Survey serves as the 
     National Hydrographer and the primary United States 
     representative to the international hydrographic community, 
     including the International Hydrographic Organization.
       ``(8) The hydrographic expertise, data, and services of the 
     National Oceanic and Atmospheric Administration provide the 
     underlying and authoritative basis for baseline and boundary 
     demarcation, including the establishment of marine and 
     coastal territorial limits and jurisdiction, such as the 
     Exclusive Economic Zone.
       ``(9) Research, development and application of new 
     technologies will further increase efficiency, promote the 
     Nation's competitiveness, provide social and economic 
     benefits, enhance safety and environmental protection, and 
     reduce risks.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to augment the ability of the National Oceanic and 
     Atmospheric Administration to fulfill its responsibilities 
     under this and other authorities;
       ``(2) to provide more accurate and up-to-date hydrographic 
     data and services in support of safe and efficient 
     international trade and interstate commerce, including--
       ``(A) hydrographic surveys;
       ``(B) electronic navigational charts;
       ``(C) real-time tide, water level, and current information 
     and forecasting;
       ``(D) shoreline surveys; and
       ``(E) geodesy and 3-dimensional positioning data;
       ``(3) to support homeland security, emergency response, 
     ecosystem approaches to marine management, and coastal 
     resiliency by providing hydrographic data and services with 
     many other useful operational, scientific, engineering, and 
     management applications, including--
       ``(A) storm surge, tsunami, coastal flooding, erosion, and 
     pollution trajectory monitoring, predictions, and warnings;
       ``(B) marine and coastal geographic information systems;
       ``(C) habitat restoration;
       ``(D) long-term sea-level trends; and
       ``(E) more accurate environmental assessments and 
     monitoring;
       ``(4) to promote improved integrated ocean and coastal 
     mapping and observations through increased coordination and 
     cooperation;
       ``(5) to provide for and support research and development 
     in hydrographic data, services and related technologies to 
     enhance the efficiency, accuracy and availability of 
     hydrographic data and services and thereby promote the 
     Nation's scientific and technological competitiveness; and
       ``(6) to provide national and international leadership for 
     hydrographic and related services, sciences, and 
     technologies.''.

     SEC. 3. DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892), as redesignated by section 2, is 
     amended--
       (1) by amending paragraph (3) to read as follows:
       ``(3) Hydrographic data.--The term ``hydrographic data'' 
     means information acquired through hydrographic, bathymetric, 
     or shoreline surveying; geodetic, geospatial, or geomagnetic 
     measurements; tide, water level, and current observations, or 
     other methods, that is used in providing hydrographic 
     services.'';
       (2) by striking paragraph (4)(A) and inserting the 
     following:
       ``(A) the management, maintenance, interpretation, 
     certification, and dissemination of bathymetric, 
     hydrographic, shoreline, geodetic, geospatial, geomagnetic, 
     and tide, water level, and current information, including the 
     production of nautical charts, nautical information 
     databases, and other products derived from hydrographic 
     data;''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Coast and Geodetic Survey Act.--The term `Coast and 
     Geodetic Survey Act' means the Act entitled `An Act to define 
     the functions and duties of the Coast and Geodetic Survey, 
     and for other purposes', approved August 6, 1947 (33 U.S.C. 
     883a et seq.).''.

     SEC. 4. FUNCTIONS OF THE ADMINISTRATOR.

       Section 304 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a), as redesignated by section 2, is 
     amended--
       (1) by striking ``the Act of 1947,'' in subsection (a) and 
     inserting ``the Coast and Geodetic Survey Act, promote safe, 
     efficient, and environmentally sound marine transportation, 
     and otherwise fulfill the purposes of this Act,'';
       (2) by striking ``data;'' in subsection (a)1) and inserting 
     ``data and provide hydrographic services;''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Authorities.--To fulfill the data gathering and 
     dissemination duties of the Administration under the Coast 
     and Geodetic Survey Act, promote safe, efficient, and 
     environmentally sound marine transportation, and otherwise 
     fulfill the purposes of this Act, subject to the availability 
     of appropriations--
       ``(1) the Administrator may procure, lease, evaluate, test, 
     develop, and operate vessels, equipment, and technologies 
     necessary to ensure safe navigation and maintain operational 
     expertise in hydrographic data acquisition and hydrographic 
     services;
       ``(2) the Administrator shall design, install, maintain, 
     and operate real-time hydrographic monitoring systems to 
     enhance navigation safety and efficiency;
       ``(3) where appropriate and to the extent that it does not 
     detract from the promotion of safe and efficient navigation, 
     the Administrator may acquire hydrographic data and provide 
     hydrographic services to support the conservation and 
     management of coastal and ocean resources;
       ``(4) where appropriate, the Administrator may acquire 
     hydrographic data and provide hydrographic services to save 
     and protect life and property and support the resumption of 
     commerce in response to emergencies, natural and man-made 
     disasters, and homeland security and maritime domain 
     awareness needs, including obtaining Mission Assignments as 
     defined in section 641 of the Post-Katrina Emergency 
     Management Reform Act of 2006 (6 U.S.C. 741);
       ``(5) the Administrator may create, support, and maintain 
     such joint centers, and enter into and perform such 
     contracts, leases, grants, or cooperative agreements as may 
     be necessary to carry out the purposes of this Act; and
       ``(6) notwithstanding paragraph (5), the Administrator 
     shall award contracts for the acquisition of hydrographic 
     data in accordance with title IX of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 1101 et 
     seq.).''.

     SEC. 5. QUALITY ASSURANCE PROGRAM.

       Subsection (b) of section 305 of the Hydrographic Services 
     Improvement Act of 1998 (33 U.S.C. 892b), as redesignated by 
     section 2, is amended by striking ``303(a)(3)'' each place it 
     appears and inserting ``304(a)(3)''.

[[Page 15158]]



     SEC. 6. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892c), as redesignated by section 2, is 
     amended--
       (1) by striking ``303'' in subsection (b)(1) and inserting 
     ``304'';
       (2) by striking subsection (c)(1)(A) and inserting ``(A) 
     The panel shall consist of 15 voting members who shall be 
     appointed by the Administrator. The Co-directors of the Joint 
     Hydrographic Institute and no more than 2 employees of the 
     National Oceanic and Atmospheric Administration appointed by 
     the Administrator shall serve as nonvoting members of the 
     panel. The voting members of the panel shall be individuals 
     who, by reason of knowledge, experience, or training, are 
     especially qualified in 1 or more of the disciplines and 
     fields relating to hydrographic data and hydrographic 
     services, and other disciplines as determined appropriate by 
     the Administrator.'';
       (3) by striking ``Secretary'' in subsections (c)(1)(C), 
     (c)(3), and (e) and inserting ``Administrator''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Compensation.--Voting members of the panel shall be 
     reimbursed for actual and reasonable expenses, such as travel 
     and per diem, incurred in the performance of such duties.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 307 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d), as redesignated by section 2, is 
     amended to read as follows:

     ``SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Administrator sums as may be necessary for each of fiscal 
     years 2008 through 2012 for the purposes of carrying out this 
     Act.''.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Stevens) (by request):
  S. 1583. A bill to reauthorize the Coral Reef Conservation Act of 
2000, and for other coral conservation purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. President, I ask unanimous conset 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. 1583

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

     SECTION 1. SHORT TITLE AND REFERENCES.

       (a) This Act may be cited as the ``Coral Reef Ecosystem 
     Conservation Amendments Act of 2007''.
       (b) Except as otherwise expressly provided, whenever in 
     this bill an amendment or repeal is expressed in terms of an 
     amendment to or repeal of a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6401 et seq.).

     SEC. 2. REDESIGNATIONS.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by redesignating--
       (1) section 206 (16 U.S.C. 6405) as section 207;
       (2) section 207 (16 U.S.C. 6406) as section 208;
       (3) section 208 (16 U.S.C. 6407) as section 215;
       (4) section 209 (16 U.S.C. 6408) as section 216; and
       (5) section 210 (16 U.S.C. 6409) as section 217.

     SEC. 3. FINDINGS AND PURPOSES.

       Section 202 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6401) is amended to read as follows:

     ``SEC. 202. FINDINGS AND PURPOSES.

       ``(a) The Congress finds that--
       ``(1) coral reefs contain high biological diversity and 
     serve important ecosystem functions;
       ``(2) coral reef resources provide economic and 
     environmental benefits in the form of food, jobs, natural 
     products, and pharmaceuticals;
       ``(3) coral reefs are the basis of thriving commercial and 
     recreational fishing and tourism industries;
       ``(4) a combination of stressors, including climate change, 
     has caused a rapid decline in the health of many coral reef 
     ecosystems globally;
       ``(5) natural stressors on coral reefs are compounded by 
     human impacts including pollution, overfishing, and physical 
     damage; and
       ``(6) healthy coral reefs provide shoreline protection for 
     coastal communities and resources.
       ``(b) The purposes of this title are--
       ``(1) to preserve, sustain, and restore the condition of 
     coral reef ecosystems;
       ``(2) to promote the wise management and sustainable use of 
     coral reef ecosystems to benefit local communities, the 
     Nation, and the world;
       ``(3) to develop sound scientific information on the 
     condition of coral reef ecosystems and the threats to such 
     ecosystems;
       ``(4) to assist in the preservation of coral reef 
     ecosystems by supporting conservation programs, including 
     projects that involve affected local communities and 
     nongovernmental organizations;
       ``(5) to provide financial resources for those programs and 
     projects;
       ``(6) to establish a formal mechanism for collecting and 
     allocating monetary donations from the private sector to be 
     used for coral reef conservation projects; and
       ``(7) to provide mechanisms to address injuries to coral 
     reefs.''.

     SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

       Section 203(a) of the Coral Reef Conservation Act of 2000 
     (16 U.S.C. 6402(a)) is amended to read as follows:
       ``(a) In General.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and to the Committee on Natural Resources of the House 
     of Representatives and publish in the Federal Register a 
     national coral reef action strategy, consistent with the 
     purposes of this title. The Secretary shall periodically 
     review and revise the strategy as necessary. In developing 
     this national strategy, the Secretary shall consult with the 
     Coral Reef Task Force established under Executive Order 13089 
     (June 11, 1998).''.

     SEC. 5. CORAL REEF CONSERVATION PROGRAM.

       Section 204 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6403) is amended--
       (1) throughout by striking ``Administrator'' and inserting 
     ``Secretary'';
       (2) by amending subsection (a) to read as follows:
       ``(a) Grants.--The Secretary, subject to the availability 
     of funds, shall provide grants of financial assistance for 
     projects for the conservation of coral reef ecosystems 
     (hereafter in this title referred to as `coral conservation 
     projects'), for proposals approved by the Secretary in 
     accordance with this section.'';
       (3) by amending subsection (c) to read as follows:
       ``(c) Eligibility.--Any natural resource management 
     authority of a State or other government authority with 
     jurisdiction over coral reef ecosystems, or whose activities 
     directly or indirectly affect coral reef ecosystems, or 
     educational or nongovernmental institutions with demonstrated 
     expertise in the conservation of coral reef ecosystems, may 
     submit to the Secretary a coral conservation proposal under 
     subsection (e).'';
       (4) by striking subsection (d) and renumbering the 
     subsequent sections as (d) through (i);
       (5) in subparagraph (e)(2)(A), as redesignated, by striking 
     ``Magnuson- Stevens'' and inserting ``Magnuson-Stevens'';
       (6) by amending subsection (f), as redesignated, to read as 
     follows:
       ``(f) Criteria for Approval.--The Secretary may not approve 
     a project proposal under this section unless the project is 
     consistent with the coral reef action strategy under section 
     203 and will enhance the conservation of coral reef 
     ecosystems nationally or internationally by--
       ``(1) implementing coral conservation programs which 
     promote sustainable development and ensure effective, long-
     term conservation of coral reef ecosystems and biodiversity;
       ``(2) addressing the conflicts arising from the use of 
     environments near coral reef ecosystems or from the use of 
     corals, species associated with coral reef ecosystems, and 
     coral products;
       ``(3) enhancing compliance with laws that prohibit or 
     regulate the taking of coral products or species associated 
     with coral reef ecosystems or regulate the use and management 
     of coral reef ecosystems;
       ``(4) developing sound scientific information on the 
     condition of coral reef ecosystems or the threats to such 
     ecosystems and their biodiversity, including factors that 
     cause coral disease and bleaching;
       ``(5) promoting and assisting to implement cooperative 
     coral reef ecosystem conservation projects that involve 
     affected local communities, nongovernmental organizations, or 
     others in the private sector;
       ``(6) increasing public knowledge and awareness of coral 
     reef ecosystems and issues regarding their long-term 
     conservation, including how they function to protect coastal 
     communities;
       ``(7) mapping the location, distribution and biodiversity 
     of coral reef ecosystems;
       ``(8) developing and implementing techniques to monitor and 
     assess the status and condition of coral reef ecosystems and 
     biodiversity;
       ``(9) developing and implementing cost-effective methods to 
     restore degraded coral reef ecosystems and biodiversity;
       ``(10) responding to coral disease and bleaching events; or
       ``(11) promoting ecologically sound navigation and 
     anchorages near coral reef ecosystems.''; and
       (7) in subsection (i), as redesignated, by striking ``coral 
     reefs'' and inserting ``coral reef ecosystems''.

     SEC. 6. CORAL REEF CONSERVATION FUND.

       Section 205 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6404) is amended--
       (1) by amending subsection (a) to read as follows:

[[Page 15159]]

       ``(a) Fund.--The Secretary may enter into agreements with 
     nonprofit organizations promoting coral reef ecosystem 
     conservation by authorizing such organizations to receive, 
     hold, and administer funds received pursuant to this section. 
     Such organizations shall invest, reinvest, and otherwise 
     administer the funds and maintain such funds and any interest 
     or revenues earned in a separate interest-bearing account, 
     hereafter referred to as the Fund, established by such 
     organizations solely to support partnerships between the 
     public and private sectors that further the purposes of this 
     Act and are consistent with the national coral reef action 
     strategy under section 203.'';
       (2) in subsection (c) by striking ``Administrator'' and 
     inserting ``Secretary'';
       (3) in subsection (c) by striking ``the grant program'' and 
     inserting ``any grant program''; and
       (4) in subsection (d) by striking ``Administrator'' and 
     inserting ``Secretary''.

     SEC. 7. AGREEMENTS.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 206 as follows:

     ``SEC. 206. AGREEMENTS.

       ``(a) The Secretary shall have the authority to enter into 
     and perform such contracts, leases, grants, or cooperative 
     agreements as may be necessary to carry out the purposes of 
     this Act.
       ``(b) For purposes related to the conservation, 
     preservation, protection, restoration or replacement of coral 
     reefs or coral reef ecosystems and the enforcement of this 
     Act, the Secretary is authorized to use, with their consent 
     and with or without reimbursement, the land, services, 
     equipment, personnel, and facilities of any Department, 
     agency or instrumentality of the United States, or of any 
     state, local government, Indian tribal government, Territory 
     or possession, or of any political subdivision thereof, or of 
     any foreign government or international organization.
       ``(c) Authority To Utilize Grant Funds.--
       ``(1) Except as provided in paragraph (2), the Secretary is 
     authorized to apply for, accept, and obligate research grant 
     funding from any federal source operating competitive grant 
     programs where such funding furthers the purpose of this Act.
       ``(2) The Secretary may not apply for, accept, or obligate 
     any grant funding under paragraph (1) for which the granting 
     agency lacks authority to grant funds to federal agencies, or 
     for any purpose or subject to conditions that are prohibited 
     by law or regulation.
       ``(3) Appropriated funds may be used to satisfy a 
     requirement to match grant funds with recipient agency funds, 
     except that no grant may be accepted that requires a 
     commitment in advance of appropriations.
       ``(4) Funds received from grants shall be deposited in the 
     National Oceanic and Atmospheric Administration account that 
     serves to accomplish the purpose for which the grant was 
     awarded.''.

     SEC. 8. EMERGENCY ASSISTANCE.

       Section 207 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6405), as redesignated by section 2, is amended to 
     read as follows:

     ``SEC. 207. EMERGENCY ASSISTANCE.

       The Secretary, in cooperation with the Federal Emergency 
     Management Agency, as appropriate, may provide assistance to 
     any State, local, or territorial government agency with 
     jurisdiction over coral reef ecosystems to address any 
     unforeseen or disaster-related circumstance pertaining to 
     coral reef ecosystems.''.

     SEC. 9. NATIONAL PROGRAM.

       Section 208 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6406), as redesignated by section 2, is amended to 
     read as follows:

     ``SEC. 208. NATIONAL PROGRAM.

       ``(a) In General.--Subject to the availability of 
     appropriations, the Secretary may conduct activities, 
     including with local, regional, or international programs and 
     partners, as appropriate, to conserve coral reef ecosystems, 
     that are consistent with this title, the National Marine 
     Sanctuaries Act, the Coastal Zone Management Act of 1972, the 
     Magnuson-Stevens Fishery Conservation and Management Act, the 
     Endangered Species Act of 1973, and the Marine Mammal 
     Protection Act of 1972.
       ``(b) Authorized Activities.--Activities authorized under 
     subsection (a) include--
       ``(1) mapping, monitoring, assessment, restoration, 
     socioeconomic and scientific research that benefit the 
     understanding, sustainable use, biodiversity, and long-term 
     conservation of coral reef ecosystems;
       ``(2) enhancing public awareness, education, understanding, 
     and appreciation of coral reef ecosystems;
       ``(3) removing, and providing assistance to States in 
     removing, abandoned fishing gear, marine debris, and 
     abandoned vessels from coral reefs ecosystems to conserve 
     living marine resources;
       ``(4) responding to incidents and events that threaten and 
     damage coral reef ecosystems, including disease and 
     bleaching;
       ``(5) cooperative conservation and management of coral reef 
     ecosystems; and
       ``(6) centrally archiving, managing, and distributing data 
     sets and providing coral reef ecosystem assessments and 
     services to the general public. with local, regional, or 
     international programs and partners.
       ``(c) Data Archive, Access, and Availability.--The 
     Secretary, in coordination with similar efforts at other 
     Departments and agencies, as appropriate, shall provide for 
     long-term stewardship of environmental data, products, and 
     information via data processing, storage, and archive 
     facilities, pursuant to this Act. To implement this 
     provision, the Secretary may--
       (1) Archive environmental data collected by federal, State, 
     local agencies and tribal organizations and federally funded 
     research;
       (2) Promote widespread availability and dissemination of 
     environmental data and information through full and open 
     access and exchange to the greatest extent possible, 
     including in electronic format on the Internet;
       (3) Develop standards, protocols and procedures for sharing 
     federal data with State and local government programs and the 
     private sector or academia; and
       (4) Develop metadata standards for coral reef ecosystems in 
     accordance with Federal Geographic Data Committee guidelines.
       ``(d) Emergency Response, Stabilization, and Restoration.--
     The Secretary shall establish an account (to be called the 
     Emergency Response, Stabilization and Restoration Account) in 
     the Damage Assessment Restoration Revolving Fund established 
     by Public Law 101-515, 104 Stat. 2101 (1990) (33 U.S.C. 2706 
     note), for implementation of this subsection for emergency 
     actions. There are authorized to be deposited into the 
     Emergency Response, Stabilization and Restoration Account 
     amounts which are authorized to be appropriated for such 
     Account pursuant to section 216, and funds which are 
     authorized by sections 210(d)(3)(B) and 211(f)(3)(B). Amounts 
     in the Emergency Response, Stabilization and Restoration 
     Account shall be available for use by the Secretary as 
     specified in sections 210 and 211.''.

     SEC. 10. PROHIBITED ACTIVITIES.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 209 as follows:

     ``SEC. 209. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

       ``The provisions in this section are in addition to, and 
     shall not affect the operation of, other Federal, State or 
     local laws or regulations providing protection to coral 
     reefs. It is unlawful for any person to--
       `(1) destroy, cause the loss of, or injure any coral reef 
     or any component thereof, except--
       ``(A) if the destruction, loss, or injury was caused by the 
     use of fishing gear; provided, however, that such gear is 
     used in a manner not prohibited under the Magnuson-Stevens 
     Fishery Conservation and Management Act, 16 U.S.C. 1801 et 
     seq., or other Federal or State law;
       ``(B) if the destruction, loss, or injury was caused by an 
     activity that is authorized by Federal or State law 
     including, but not limited to, lawful discharges from vessels 
     of graywater, cooling water, engine exhaust, ballast water 
     and sewage from marine sanitation devices; provided, however, 
     that such activity shall not be construed to include actions 
     such as vessel groundings, vessel scrapings, anchor damage, 
     excavation not authorized by Federal or State permit, or 
     other similar activities;
       ``(C) if the destruction, loss, or injury was the necessary 
     result of bona fide marine scientific research; provided, 
     however, that conduct of such research shall not be construed 
     to include excessive sampling or collecting, or actions such 
     as vessel groundings, vessel scrapings, anchor damage, 
     excavation, or other similar activities; provided further, 
     however, that marine scientific research activities approved 
     by State or local permits qualify as bona fide marine 
     scientific research;
       ``(D) if the destruction, loss, or injury--
       ``(i) was caused by a Federal Government agency during--

       ``(I) an emergency that posed an unacceptable threat to 
     human health or safety or to the marine environment,
       ``(II) an emergency that posed a threat to national 
     security, or

       ``(III) an activity necessary for law enforcement or search 
     and rescue, and
       ``(ii) could not reasonably be avoided;
       ``(2) interfere with the enforcement of this Act by--
       ``(A) refusing to permit any officer authorized to enforce 
     this Act to board a vessel, other than a vessel operated by 
     the Department of Defense or United States Coast Guard, 
     subject to such person's control for the purposes of 
     conducting any search or inspection in connection with the 
     enforcement of this Act;
       ``(B) resisting, opposing, impeding, intimidating, 
     harassing, bribing, interfering with, or forcibly assaulting 
     any person authorized by the Secretary to implement this Act 
     or any such authorized officer in the conduct of any search 
     or inspection performed under this Act; or
       ``(C) submitting false information to the Secretary or any 
     officer authorized to enforce this Act in connection with any 
     search or inspection conducted under this Act.
       ``(3) violate any provision of this Act, any permit issued 
     pursuant to this Act, or any regulation promulgated pursuant 
     to this Act.''.

     SEC. 11. DESTRUCTION OF CORAL REEFS.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 210 as follows:

[[Page 15160]]



     ``SEC. 210. DESTRUCTION OR LOSS OF, OR INJURY TO, CORAL 
                   REEFS.

       ``(a) Liability.--
       ``(1) Liability to the United States.--Except as provided 
     insubsection (f), all persons who engage in an activity that 
     is prohibited under sections 209(a) or 209(c), or create an 
     imminent risk thereof, are liable, jointly and severally, to 
     the United States for an amount equal to the sum of--
       ``(A) response costs and damages resulting from the 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(B) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(C) interest on that amount calculated in the manner 
     described under section 2705 of Title 33.
       ``(2) Liability in rem.--
       ``(A) Any vessel used in an activity that is prohibited 
     under sections 209(a) or 209(c), or creates an imminent risk 
     thereof, shall be liable in rem to the United States for an 
     amount equal to the sum of--
       ``(i) response costs and damages resulting from such 
     destruction, loss, or injury, or imminent risk thereof, 
     including damages resulting from the response actions;
       ``(ii) costs of seizure, forfeiture, storage, and disposal 
     arising from liability under this section; and
       ``(iii) interest on that amount calculated in the manner 
     described under section 2705 of Title 33.
       ``(B) The amount of liability shall constitute a maritime 
     lien on the vessel and may be recovered in an action in rem 
     in any district court of the United States that has 
     jurisdiction over the vessel.
       ``(3) Defenses.--A person is not liable under this 
     subsection if that person establishes that the destruction, 
     loss, or injury was caused solely by an act of God, an act of 
     war, or an act or omission of a third party (other than an 
     employee or agent of the defendant or one whose act or 
     omission occurs in connection with a contractual 
     relationship, existing directly or indirectly with the 
     defendant), and the person acted with due care.
       ``(4) Limits to liability.--Nothing in sections 30501 to 
     30512 or 30706 of Title 46 shall limit liability to any 
     person under this Act.
       ``(b) Response Actions and Damage Assessment.--
       ``(1) Response actions.--The Secretary may undertake or 
     authorize all necessary actions to prevent or minimize the 
     destruction or loss of, or injury to, coral reefs, or 
     components thereof, or to minimize the risk or imminent risk 
     of such destruction, loss, or injury.
       ``(2) Damage assessment.--
       ``(A) The Secretary shall assess damages to coral reefs in 
     accordance with the damages definition in section 217 and 
     shall consult with State officials regarding response and 
     damage assessment actions undertaken for coral reefs within 
     State waters.
       ``(B) There shall be no double recovery under this chapter 
     for coral reef damages, including the cost of damage 
     assessment, for the same incident.
       ``(c) Commencement of Civil Action for Response Costs and 
     Damages.--
       (1) Commencement.--The Attorney General, upon the request 
     of the Secretary, may commence a civil action against any 
     person or vessel that may be liable under subsection (a) of 
     this section for response costs, seizure, forfeiture, 
     storage, or disposal costs, and damages, and interest on that 
     amount calculated in the manner described under section 2705 
     of Title 33. The Secretary, acting as trustee for coral reefs 
     for the United States, shall submit a request for such an 
     action to the Attorney General whenever a person may be 
     liable for such costs or damages.
       ``(2) Venue in Civil Actions.--A civil action under this 
     Act may be brought in the United States district court for 
     any district in which--
       ``(A) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(B) the vessel is located, in the case of an action 
     against a vessel;
       ``(C) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(D) where some or all of the coral reef(s) or 
     componentsthereof that are the subject of the action are not 
     within the territory covered by any United States district 
     court, such action may be brought either in the United States 
     district court for the district closest to the location where 
     the destruction, loss, injury, or risk of injury occurred, or 
     in the United States District Court for the District of 
     Columbia.
       ``(d) Use of Recovered Amounts.--Any costs, including 
     response costs and damages recovered by the Secretary under 
     this section shall--
       ``(1) as appropriate be deposited into an account or 
     accounts in the Damage Assessment Restoration Revolving Fund 
     established by Public Law 101-515, 104 Stat. 2101 (1990) (33 
     U.S.C. 2706 note), or the Natural Resource Damage Assessment 
     Fund created pursuant to Title I of Public Law 102-154, 105 
     Stat. 990 (1991);
       ``(2) be available for use by the Secretary without further 
     appropriation and remain available until expended;
       ``(3) and shall be for use, as the Secretary considers 
     appropriate, as follows:
       ``(A) to reimburse the Secretary or any other Federal or 
     State agency that conducted activities under sections 210(a) 
     and (b);
       ``(B) to be transferred to the Emergency Response, 
     Stabilization and Restoration Account established under 
     section 208(d) to reimburse that account for amounts used for 
     authorized emergency actions; and ``(C) after reimbursement 
     of such costs, to restore, replace, or acquire the equivalent 
     of any coral reefs, or components thereof, including the 
     reasonable costs of monitoring, or to minimize or prevent 
     threats of equivalent injury to, or destruction of coral 
     reefs, or components thereof.
       ``(e) Statute of Limitations.--An action for response costs 
     or damages under subsection (c) shall be barred unless the 
     complaint is filed within 3 years after the date on which the 
     Secretary completes a damage assessment and restoration plan 
     for the coral reefs, or components thereof, to which the 
     action relates.
       ``(f) Federal Government Activities.--In the event of 
     threatened or actual destruction of, loss of, or injury to a 
     coral reef or component thereof resulting from an incident 
     caused by a component of any Department or agency of the 
     United States Government, the cognizant Department or agency 
     shall satisfy its obligations under this section by promptly, 
     in coordination with the Secretary, taking appropriate 
     actions to respond to and mitigate the harm and restoring or 
     replacing the coral reef or components thereof and 
     reimbursing the Secretary for all assessment costs.''.

     SEC. 12. ENFORCEMENT.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 211 as follows:

     ``SEC. 211. ENFORCEMENT.

       ``(a) In General.--The Secretary shall conduct enforcement 
     activities to carry out this Act.
       ``(b) Powers of Authorized Officers.--Any person who is 
     authorized to enforce this Act may--
       ``(1) board, search, inspect, and seize any vessel or other 
     conveyance suspected of being used to violate this Act, any 
     regulation promulgated under this Act, or any permit issued 
     under this Act, and any equipment, stores, and cargo of such 
     vessel;
       ``(2) seize wherever found any component of coral reef 
     taken or retained in violation of this Act, any regulation 
     promulgated under this Act, or any permit issued under this 
     Act;
       ``(3) seize any evidence of a violation of this Act, any 
     regulation promulgated under this Act, or any permit issued 
     under this Act;
       ``(4) execute any warrant or other process issued by any 
     court of competent jurisdiction;
       ``(5) exercise any other lawful authority; and
       ``(6) arrest any person, if there is reasonable cause to 
     believe that such person has committed an act prohibited by 
     section 209.
       ``(c) Civil Enforcement and Permit Sanctions.--
       ``(1) Civil Administrative Penalty.--Any person subject to 
     the jurisdiction of the United States who violates this Act 
     or any regulation promulgated or permit issued thereunder, 
     shall be liable to the United States for a civil 
     administrative penalty of not more than $200,000 for each 
     such violation, to be assessed by the Secretary. Each day of 
     a continuing violation shall constitute a separate violation.
       ``(2) Permit sanctions.--For any person subject to the 
     jurisdiction of the United States who has been issued or has 
     applied for a permit under this Act, and who violates this 
     Act or any regulation or permit issued under this Act, the 
     Secretary may deny, suspend, amend or revoke in whole or in 
     part any such permit. For any person who has failed to pay or 
     defaulted on a payment agreement of any civil penalty or 
     criminal fine or liability assessed pursuant to any natural 
     resource law administered by the Secretary, the Secretary may 
     deny, suspend, amend or revoke in whole or in part any permit 
     issued or applied for under this Act.
       (3) ``Imposition of civil judicial penalties.--Any person 
     who violates any provision of this Act, any regulation 
     promulgated or permit issued thereunder, shall be subject to 
     a civil judicial penalty not to exceed $250,000 for each such 
     violation. Each day of a continuing violation shall 
     constitute a separate violation. The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States, and such 
     court shall have jurisdiction to award civil penalties and 
     such other relief as justice may require. In determining the 
     amount of a civil penalty, the court shall take into account 
     the nature, circumstances, extent, and gravity of the 
     prohibited acts committed and, with respect to the violator, 
     the degree of culpability, any history of prior violations, 
     and such other matters as justice may require. In imposing 
     such penalty, the district court may also consider 
     information related to the ability of the violator to pay.

[[Page 15161]]

       ``(4) Notice.--No penalty or permit sanction shall be 
     assessed under this subsection until after the person charged 
     has been given notice and an opportunity for a hearing.
       (5) In rem jurisdiction.--A vessel used in violating this 
     Act, any regulation promulgated under this Act, or any permit 
     issued under this Act, shall be liable in rem for any civil 
     penalty assessed for such violation. Such penalty shall 
     constitute a maritime lien on the vessel and may be recovered 
     in an action in rem in the district court of the United 
     States having jurisdiction over the vessel.
       ``(6) Collection of penalties.--If any person fails to pay 
     an assessment of a civil penalty under this section after it 
     has become a final and unappealable order, or after the 
     appropriate court has entered final judgment in favor of the 
     Secretary, the Secretary shall refer the matter to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States (plus 
     interest at current prevailing rates from the date of the 
     final order). In such action, the validity and 
     appropriateness of the final order imposing the civil penalty 
     shall not be subject to review. Any person who fails to pay, 
     on a timely basis, the amount of an assessment of a civil 
     penalty shall be required to pay, in addition to such amount 
     and interest, attorney's fees and costs for collection 
     proceedings and a quarterly nonpayment penalty for each 
     quarter during which such failure to pay persists. Such 
     nonpayment penalty shall be in an amount equal to 20 percent 
     of the aggregate amount of such person's penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     such quarter.
       ``(7) Compromise or other action by Secretary.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil administrative penalty or permit 
     sanction which is or may be imposed under this section and 
     that has not been referred to the Attorney General for 
     further enforcement action.
       ``(8) Jurisidication of courts.--The several district 
     courts of the United States shall have jurisdiction over any 
     actions brought by the United States arising under this 
     section. For the purpose of this section, American Samoa 
     shall be included within the judicial district of the 
     District Court of the United States for the District of 
     Hawaii. Each violation shall be a separate offense and the 
     offense shall be deemed to have been committed not only in 
     the district where the violation first occurred, but also in 
     any other district as authorized by law.
       (d) Forfeiture.--
       ``(1) Criminal forfeiture.--A person who is convicted of an 
     offense in violation of this Act shall forfeit to the United 
     States--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of the offense, including, 
     without limitation, any coral reef or coral reef component 
     (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of the offense, including, without limitation, any 
     vessel (including the vessel's equipment, stores, catch and 
     cargo), vehicle, aircraft, or other means of transportation. 
     Pursuant to Title 28, Section 2461(c), the provisions of 
     section 413 of the Controlled Substances Act (21 U.S.C. 853) 
     with the exception of subsection (d) of that section shall 
     apply to criminal forfeitures under this section.
       ``(2) Civil forfeiture.--The property set forth below shall 
     be forfeited to the United States in accordance with the 
     provisions of Chapter 46 of Title 18, and no property right 
     shall exist in it--
       ``(A) any property, real or personal, constituting or 
     traceable to the gross proceeds taken, obtained, or retained, 
     in connection with or as a result of a violation of this Act, 
     including, without limitation, any coral reef or coral reef 
     component (or the fair market value thereof); and
       ``(B) any property, real or personal, used or intended to 
     be used, in any manner, to commit or facilitate the 
     commission of a violation of this Act, including, without 
     limitation, any vessel (including the vessel's equipment, 
     stores, catch and cargo), vehicle, aircraft, or other means 
     of transportation.
       ``(3) Application of the customs laws.--All provisions of 
     law relating to seizure, summary and judicial forfeiture and 
     condemnation for violation of the customs laws, the 
     disposition of the property forfeited or condemned or the 
     proceeds from the sale thereof; the remission or mitigation 
     of such forfeitures; and the compromise of claims shall apply 
     to seizures and forfeitures incurred, or alleged to have been 
     incurred, under the provisions of this Act, insofar as 
     applicable and not inconsistent with the provisions hereof. 
     However, with respect to seizures and forfeitures of property 
     under this section by the Secretary, such duties as are 
     imposed upon the customs officer or any other person with 
     respect to the seizure and forfeiture of property under the 
     customs law may be performed by such officers as are 
     designated by the Secretary or, upon request of the 
     Secretary, by any other agency that has authority to manage 
     and dispose of seized property.
       ``(4) Presumption.--For the purposes of this section there 
     is a rebuttable presumption that all coral reefs, or 
     components thereof, found on board a vessel that is used or 
     seized in connection with a violation of this Act or of any 
     regulation promulgated under this Act were taken, obtained, 
     or retained in violation of this Act or of a regulation 
     promulgated under this Act.
       ``(e) Payment of Storage, Care, and Other Costs.--Any 
     person assessed a civil penalty for a violation of this Act 
     or of any regulation promulgated under this Act and any 
     claimant in a forfeiture action brought for such a violation, 
     shall be liable for the reasonable costs incurred by the 
     Secretary in storage, care, and maintenance of any property 
     seized in connection with the violation.
       ``(f) Expenditures.--
       ``(1) Notwithstanding section 3302 of Title 31 or section 
     1861 of Title 16, United States Code, amounts received by the 
     United States as civil penalties under section 211(c) of this 
     bill, forfeitures of property under section 211(d), and costs 
     imposed under section 211(e), shall--
       ``(A) be placed into an account;
       ``(B) be available for use by the Secretary without further 
     appropriation; and
       ``(C) remain available until expended.
       ``(2) Amounts received under this section for forfeitures 
     under section 211(d) and costs imposed under section 211(e) 
     shall be used to pay the reasonable and necessary costs 
     incurred by the Secretary to provide temporary storage, care, 
     maintenance, and disposal of any property seized in 
     connection with a violation of this Act or any regulation 
     promulgated under this Act.
       ``(3) Amounts received under this section as civil 
     penalties under section 211(c) of this bill and any amounts 
     remaining after the operation of paragraph (2) shall be used 
     as follows--
       ``(A) to stabilize, restore, or otherwise manage the coral 
     reef with respect to which the violation occurred that 
     resulted in the penalty or forfeiture;
       ``(B) to be transferred to the Emergency Response, 
     Stabilization and Restoration Account established under 
     section 208(d) or an account referenced in section 210(d)(1) 
     of this Act, to reimburse such account for amounts used for 
     authorized emergency actions;
       ``(C) to conduct monitoring and enforcement activities;
       ``(D) to conduct research on techniques to stabilize and 
     restore coral reefs;
       ``(E) to conduct activities that prevent or reduce the 
     likelihood of future damage to coral reefs;
       ``(F) to stabilize, restore or otherwise manage any other 
     coral reef; or
       ``(G) to pay a reward to any person who furnishes 
     information leading to an assessment of a civil penalty, or 
     to a forfeiture of property, for a violation of this Act or 
     any regulation promulgated under this Act.
       ``(g) Criminal Enforcement.--
       ``(1) Any person (other than a foreign government or any 
     entity of such government) who knowingly commits any act 
     prohibited by section 209(b) of this Act shall be imprisoned 
     for not more than five years and shall be fined not more than 
     $500,000 for individuals or $1,000,000 for an organization; 
     except that if in the commission of any such offense the 
     individual uses a dangerous weapon, engages in conduct that 
     causes bodily injury to any officer authorized to enforce the 
     provisions of this Act, or places any such officer in fear of 
     imminent bodily injury, the maximum term of imprisonment is 
     not more than ten years.
       ``(2) Any person (other than a foreign government or any 
     entity of such government) who knowingly violates sections 
     209(a) or 209(c) shall be fined under Title 18 or imprisoned 
     not more than five years or both.
       ``(3) The several district courts of the United States 
     shall have jurisdiction over any actions brought by the 
     United States arising under this subsection. For the purpose 
     of this subsection, American Samoa shall be included within 
     the judicial district of the District Court of the United 
     States for the District of Hawaii. Each violation shall be a 
     separate offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of Title 18, Section 3238.
       ``(h) Subpoenas.--In the case of any investigation or 
     hearing under this section or any other natural resource 
     statute administered by the National Oceanic and Atmospheric 
     Administration which is determined on the record in 
     accordance with the procedures provided for under section 554 
     of Title 5, United States Code, the Secretary may issue 
     subpoenas for the attendance and testimony of witnesses and 
     the production of relevant papers, books, electronic files, 
     and documents, and may administer oaths.
       ``(i) Coast Guard Authority Not Limited.--Nothing in this 
     section shall be considered to limit the authority of the 
     Coast Guard to enforce this or any other Federal law under 
     section 89 of Title 14, United States Code.
       ``(j) Injunctive Relief.--
       ``(1) If the Secretary determines that there is an imminent 
     risk of destruction or loss of

[[Page 15162]]

     or injury to a coral reef, or that there has been actual 
     destruction or loss of, or injury to, a coral reef which may 
     give rise to liability under section 210 of this title, the 
     Attorney General, upon request of the Secretary, shall seek 
     to obtain such relief as may be necessary to abate such risk 
     or actual destruction, loss, or injury, or to restore or 
     replace the coral reef, or both. The district courts of the 
     Unites States shall have jurisdiction in such a case to order 
     such relief as the public interest and the equities of the 
     case may require.
       ``(2) Upon the request of the Secretary, the Attorney 
     General may seek to enjoin any person who is alleged to be in 
     violation of any provision of this Act, or any regulation or 
     permit issued under this Act, and the district courts shall 
     have jurisdiction to grant such relief.
       ``(k) Area of Application and Enforceability.--The area of 
     application and enforceability of this Act includes the 
     internal waters of the United States, the territorial sea of 
     the United States, as described in Presidential Proclamation 
     5928 of December 27, 1988, the Exclusive Economic Zone of the 
     United States as described in Presidential Proclamation 5030 
     of March 10, 1983, and the continental shelf, consistent with 
     international law.
       ``(l) Nationwide Service of Process.--In any action by the 
     United States under this Act, process may be served in any 
     district where the defendant is found, resides, transacts 
     business, or has appointed an agent for the service of 
     process, and for civil cases may also be served in a place 
     not within the United States in accordance with Rule 4 of the 
     Federal Rules of Civil Procedure.
       ``(m) Venue in Civil Actions.--A civil action under this 
     Act may be brought in the United States district court for 
     any district in which--
       ``(1) the defendant is located, resides, or is doing 
     business, in the case of an action against a person;
       ``(2) the vessel is located, in the case of an action 
     against a vessel;
       ``(3) the destruction of, loss of, or injury to a coral 
     reef, or component thereof, occurred or in which there is an 
     imminent risk of such destruction, loss, or injury; or
       ``(4) where some or all of the coral reef(s) or components 
     thereof that are the subject of the action are not within the 
     territory covered by any United States district court, such 
     action may be brought either in the United States district 
     court for the district closest to the location where the 
     destruction, loss, injury, or risk of injury occurred, or in 
     the United States District Court for the District of 
     Columbia.''.

     SEC. 13. PERMITS.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 212 as follows:

     ``SEC. 212. PERMITS.

       ``(a) In General.--The Secretary may allow for the conduct 
     of activities that would otherwise be prohibited by this Act 
     or regulations issued thereunder through, in accordance with 
     such regulations, issuance of coral reef conservation 
     permits.
       ``(b) Findings.--No permit may be issued unless the 
     Secretary finds--
       ``(1) the activity proposed to be conducted is compatible 
     with one or more of the purposes in section 202(b) of this 
     Act;
       ``(2) the activity conforms to the provisions of all other 
     laws and regulations applicable to the area for which such 
     permit is to be issued; and
       ``(3) there is no practicable alternative to conducting the 
     activity in a manner that destroys, causes the loss of, or 
     injures any coral reef or any component thereof.
       ``(c) Terms and Conditions.--The Secretary may place any 
     terms and conditions on a permit issued under this section 
     that the Secretary deems reasonable.
       ``(d) Fees.--
       ``(1) Assessment and collection.--Subject to any 
     regulations issued under this Act, the Secretary may assess 
     and collect fees as specified in this subsection.
       ``(2) Amount.--Any fee assessed shall be equal to the sum 
     of--
       ``(A) all costs incurred, or expected to be incurred, by 
     the Secretary in processing the permit application, including 
     indirect costs; and
       ``(B) if the permit is approved, all costs incurred, or 
     expected to be incurred, by the Secretary as a direct result 
     of the conduct of the activity for which the permit is 
     issued, including costs of monitoring the conduct of the 
     activity and educating the public about the activity and 
     coral reef resources related to the activity.
       ``(3) Use of fees.--Amounts collected by the Secretary in 
     the form of fees under this section shall be collected and 
     available for use only to the extent provided in advance in 
     appropriations Acts and may be used by the Secretary for 
     issuing and administering permits under this section.
       ``(4) Waiver or reduction of fees.--For any fee assessed 
     under paragraph (2) of this subsection, the Secretary may--
       ``(A) accept in-kind contributions in lieu of a fee; or
       ``(B) waive or reduce the fee.
       (e) Fishing.--Nothing in this section shall be considered 
     to require a person to obtain a permit under this section for 
     the conduct of any fishing activities not prohibited by this 
     Act or regulations issued thereunder.''.

     SEC. 14. COORDINATION WITH STATES AND TERRITORIES.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 213 as follows:

     ``SEC. 213. COORDINATION WITH STATES AND TERRITORIES.

       ``(a) Response and Restoration Activities.--The Secretary 
     shall, when appropriate, enter into a written agreement with 
     any affected State regarding the manner in which response and 
     restoration activities will be conducted within the affected 
     State's waters.
       ``(b) Cooperative Enforcement Agreements.--All cooperative 
     enforcement agreements in place between the Secretary and 
     States affected by sections 208(d) through 212 of this Act 
     shall be updated to include enforcement of this Act where 
     appropriate.''.

     SEC. 15. REGULATIONS.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 214 as follows:

     ``SEC. 214. REGULATIONS.

       ``The Secretary may issue such regulations as are necessary 
     and appropriate to carry out the purposes of this Act. This 
     Act and any regulations promulgated under this Act shall be 
     applied in accordance with international law. No restrictions 
     shall apply to or be enforced against a person who is not a 
     citizen, national, or resident alien of the United States 
     (including foreign flag vessels) unless in accordance with 
     international law.''.

     SEC. 16. EFFECTIVENESS REPORT.

       Section 215 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6407), as redesignated by section 2, is amended to 
     read as follows:

     ``SEC. 215. EFFECTIVENESS REPORT.

       ``Not later than 2 years after the date on which the 
     Secretary publishes the Report on U.S. Coral Reef Task Force 
     Agency Activities 2002 to 2003 and every 2 years thereafter, 
     the Secretary shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Natural Resources of the House of Representatives a report 
     describing all activities undertaken to implement the 
     strategy, under section 203, including a description of the 
     funds obligated each fiscal year to advance coral reef 
     ecosystem conservation. This report will cover the time 
     period since the last report was submitted.''.

     SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

       Section 216 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6408), as redesignated by section 2, is amended to 
     read as follows:

     ``SEC. 216. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to the Secretary to carry out this Act, including for the 
     Emergency Response, Stabilization and Restoration Account 
     established under section 208(d), $25,797,000 in fiscal year 
     2008 and such sums as may be necessary for each of fiscal 
     years 2009 through 2012.
       ``(b) Administration.--Of the amounts appropriated under 
     subsection (a), not more than 10 percent of the amounts 
     appropriated, may be used for program administration or for 
     overhead costs incurred by the National Oceanic and 
     Atmospheric Administration or the Department of Commerce and 
     assessed as an administrative charge.''.

     SEC. 18. DEFINITIONS.

       Section 217 of the Coral Reef Conservation Act of 2000 (16 
     U.S.C. 6409), as redesignated by section 2, is amended to 
     read as follows:

     ``SEC. 217. DEFINITIONS.

       ``In this title:
       ``(1) Biodiversity.--The term `biodiversity' means the 
     variability among living organisms from all sources 
     including, inter alia, terrestrial, marine and other aquatic 
     ecosystems and the ecological complexes of which they are 
     part; this includes diversity within species, between species 
     and of ecosystems.
       (2) Conservation.--The term `conservation' means the use of 
     methods and procedures necessary to preserve or sustain 
     corals and associated species as diverse, viable, and self-
     perpetuating coral reef ecosystems, including all activities 
     associated with resource management, such as assessment, 
     conservation, protection, restoration, sustainable use, and 
     management of habitat; mapping; habitat monitoring; 
     assistance in the development of management strategies for 
     marine protected areas and marine resources consistent with 
     the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) 
     and the Magnuson-Stevens Fishery Conservation and Management 
     Act (16 U.S.C. 1801 et seq.); law enforcement; conflict 
     resolution initiatives; community outreach and education; and 
     that promote safe and ecologically sound navigation.
       ``(3) Coral.--The term `coral' means species of the phylum 
     Cnidaria, including--
       ``(A) all species of the orders Antipatharia (black 
     corals), Scleractinia (stony corals), Gorgonacea (horny 
     corals), Stolonifera (organpipe corals and others), 
     Alcyonacea (soft corals), and Helioporacea (blue coral), of 
     the class Anthozoa; and
       ``(B) all species of the families Milleporidea (fire 
     corals) and Stylasteridae (stylasterid hydrocorals) of the 
     class Hydrozoa.

[[Page 15163]]

       ``(4) Coral reef.--Coral Reefs are defined as limestone 
     structures composed in whole or in part of living 
     zooxanthellate stony corals (Class Anthozoa, Order 
     Scleractinia), as described in section 217(3), their skeletal 
     remains, or both, and including other coral, associated 
     sessile invertebrates and plants, and any adjacent or 
     associated seagrasses.
       ``(5) Coral reef component.--The term `coral reef 
     component' means any part of a coral reef, including 
     individual living or dead corals, associated sessile 
     invertebrates and plants, and any adjacent or associated 
     seagrasses.
       ``(6) Coral reef ecosystem.--The term `coral reef 
     ecosystem' means the system of coral reefs and geographically 
     associated species and habitats, including but not limited to 
     mangroves and seagrass habitats, their living marine 
     resources, the people, the environment, and the processes 
     that control its dynamics.
       ``(7) Coral products.--The term `coral products' means any 
     living or dead specimens, parts, or derivatives, or any 
     product containing specimens, parts, or derivatives, of any 
     species referred to in paragraph (3).
       ``(8) Damages.--The term `damages' includes--
       ``(A) compensation for--
       ``(i) the cost of replacing, restoring, or acquiring the 
     equivalent of the coral reef, or component thereof; and
       ``(ii) the lost services of, or the value of the lost use 
     of, the coral reef or component thereof, or the cost of 
     activities to minimize or prevent threats of, equivalent 
     injury to, or destruction of coral reefs or components 
     thereof, pending restoration or replacement or the 
     acquisition of an equivalent coral reef or component thereof;
       ``(B) the reasonable cost of damage assessments under 
     section 210;
       ``(C) the reasonable costs incurred by the Secretary in 
     implementing section 208(d);
       ``(D) the reasonable cost of monitoring appropriate to the 
     injured, restored, or replaced resources;
       ``(E) the reasonable cost of curation, conservation and 
     loss of contextual information of any coral encrusted 
     archeological, historical, and cultural resource;
       ``(F) the cost of legal actions under section 210, 
     undertaken by the United States, associated with the 
     destruction or loss of, or injury to, a coral reef or 
     component thereof, including the costs of attorney time and 
     expert witness fees; and
       ``(G) the indirect costs associated with the costs listed 
     in subparagraphs (A) through (F) of this paragraph.
       ``(9) Emergency actions.--The term `emergency actions' 
     means all necessary actions to prevent or minimize the 
     additional destruction or loss of, or injury to, coral reefs 
     or components thereof, or to minimize the risk of such 
     additional destruction, loss, or injury.
       ``(10) Exclusive economic zone.--The term `Exclusive 
     Economic Zone' means the waters of the Exclusive Economic 
     Zone of the United States under Presidential Proclamation 
     5030, dated March 10, 1983.
       ``(11) Local action strategy.--The term `Local Action 
     Strategy' refers to a plan developed within each of the seven 
     U.S. Coral Reef Task Force member states for collaborative 
     action among federal, state, territory and non-governmental 
     partners, which identifies priority actions needed to reduce 
     key threats to valuable coral reef resources.
       ``(12) Person.--The term `person' means any individual; 
     private or public corporation, partnership, trust, 
     institution, association, or any other public or private 
     entity, whether foreign or domestic; private person or 
     entity, or any officer, employee, agent, Department, agency, 
     or instrumentality of the Federal Government, of any State or 
     local unit of government, or of any foreign government.
       ``(13) Response costs.--The term `response costs' means the 
     costs of actions taken or authorized by the Secretary to 
     minimize destruction or loss of, or injury to, a coral reef, 
     or component thereof, or to minimize the imminent risks of 
     such destruction, loss, or injury, including costs related to 
     seizure, forfeiture, storage, or disposal arising from 
     liability under section 210.
       ``(14) Secretary.--The term `Secretary' means--
       ``(A) for purposes of sections 201 through 208 and sections 
     215 through 217, the Secretary of Commerce; and
       ``(B) for purposes of sections 209 through 214 and section 
     218--
       ``(i) the Secretary of the Interior for any coral reef or 
     component thereof located in (I) the National Wildlife Refuge 
     System, (II) the National Park System, and (III) the waters 
     surrounding Wake Island under the jurisdiction of the 
     Secretary of the Interior, as set forth in Executive Order 
     11048 (27 Fed. Reg. 8851 (Sept. 4, 1962)); or
       ``(ii) the Secretary of Commerce for any coral reef or 
     component thereof located in any area not governed by clause 
     (B)(i).
       ``(15) Service.--Within section 217(7), the term `service' 
     means function(s), ecological or otherwise, performed by a 
     coral reef, or component thereof.
       ``(16) State.--The term `State' means any State of the 
     United States that contains a coral reef ecosystem within its 
     seaward boundaries, American Samoa, Guam, the Northern 
     Mariana Islands, Puerto Rico, and the Virgin Islands, and any 
     other territory or possession of the United States, or 
     separate sovereign in free association with the United 
     States, that contains a coral reef ecosystem within its 
     seaward boundaries.
       ``(17) Territorial sea.--The term `Territorial Sea' means 
     the waters of the Territorial Sea of the United States under 
     Presidential Proclamation 5928, dated December 27, 1988.''.

     SEC. 19. JUDICIAL REVIEW.

       The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et 
     seq.) is amended by inserting a new section 218 as follows:

     ``SEC. 218. JUDICIAL REVIEW.

       ``(a) Judicial review of any action taken by the Secretary 
     under this Act shall be in accordance with sections 701 
     through 706 of Title 5, except that--
       ``(1) review of any final agency action of the Secretary 
     taken pursuant to sections 211(c)(1) and 211(c)(2) may be had 
     only by the filing of a complaint by an interested person in 
     the United States District Court for the appropriate 
     district; any such complaint must be filed within thirty days 
     of the date such final agency action is taken; and
       ``(2) review of all other final agency actions of the 
     Secretary under this Act may be had only by the filing of a 
     petition for review by an interested person in the Circuit 
     Court of Appeals of the United States for the federal 
     judicial district in which such person resides or transacts 
     business which is directly affected by the action taken; such 
     petition shall be filed within 120 days from the date such 
     final agency action is taken.
       ``(b) Final agency action with respect to which review 
     could have been obtained under subsection (a)(2) shall not be 
     subject to judicial review in any civil or criminal 
     proceeding for enforcement.
       (c) In any judicial proceeding under subsection (a), the 
     court may award costs of litigation (including reasonable 
     attorney and expert witness fees) to any prevailing party 
     whenever it determines that such award is appropriate.''.

     SEC. 20. THE DEPARTMENT OF THE INTERIOR PROGRAM.

       (a) Definitional Amendments and Clarifications.--
       (1) Section 8 of the Act of March 10, 1934 (16 U.S.C. 
     666b), commonly known as the Fish and Wildlife Coordination 
     Act, is amended by inserting at the end thereof the words ``, 
     including coral reef ecosystems (as such term is defined in 
     section 217(b) of the Coral Reef Conservation Act of 2000, as 
     amended)'';
       (2) With respect to the authorities under the Act of August 
     8, 1956 (16 U.S.C. 742a et. seq.), as amended, commonly known 
     as the Fish and Wildlife Act of 1956; and under Public Law 
     95-616 (16 U.S.C. 742l), as amended, commonly known as the 
     Fish and Wildlife Improvement Act of 1978, references in such 
     Acts to ``wildlife'' or ``fish and wildlife'' shall be 
     construed to include coral reef ecosystems (as such term is 
     defined in section 217(b) of the Coral Reef Conservation Act 
     of 2000, as amended).
       (b) Assistance to Insular Areas.--Sec. 601 of Public Law 
     96-597 (48 U.S.C. 1469d), as amended, is amended by 
     redesignating existing subsection (d) as (e), and by 
     inserting:
       ``(d) Coral Reefs.--The Secretary of the Interior is 
     authorized to extend to the governments of American Samoa, 
     the Commonwealth of the Northern Mariana Islands, Guam, and 
     the Virgin Islands, and their agencies and instrumentalities, 
     financial and technical assistance for the conservation of 
     coral reef ecosystems (as such term is defined in the Coral 
     Reef Conservation Act of 2000 [Pub. L. No. 106-562, 114 Stat. 
     2794 (2000)], as amended) under the jurisdiction of such 
     governments.''.
       (c) The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 
     et seq.) is amended by inserting a new section 219 as 
     follows:

     ``SEC. 219. DEPARTMENT OF THE INTERIOR.

       Coral Reef Conservation Assistance.--The Secretary of the 
     Interior may provide technical and financial assistance to 
     States, American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, Puerto Rico and the Virgin Islands, 
     for management and conservation of coral reef ecosystems, 
     including implementation of Local Action Strategies. The 
     Secretary shall coordinate coral reef conservation activities 
     under the Act of March 10, 1934 (16 U.S.C. 666b), as amended, 
     commonly known as the Fish and Wildlife Coordination Act, 
     Public Law 95-616 (16 U.S.C. 742l), as amended, commonly 
     known as the Fish and Wildlife Improvement Act of 1978, 
     Public Law 96-597 (48 U.S.C. 1469d), as amended, with those 
     coral reef conservation activities of other agencies and 
     partners, including those activities carried out through the 
     U.S. Coral Reef Task Force.''.
                                 ______
                                 
      By Mr. INOUYE (for himself and Mr. Stevens) (by request):
  S. 1584. A bill to reauthorize and amend the Hydrographic Services 
Improvement Act, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  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 15164]]



                                S. 1584

       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 ``Hydrographic Services 
     Improvement Act Amendments of 2007''.

     SEC. 2. REDESIGNATIONS.

       The Hydrographic Services Improvement Act of 1998 is 
     amended by redesignating sections 302 through 306 (33 U.S.C. 
     892d) as sections 303 through 307, respectively.

     SEC. 3. ADDITION OF FINDINGS AND PURPOSES.

       The Hydrographic Services Improvement Act of 1998 (33 
     U.S.C. 892 et seq.) is amended by inserting a new section 302 
     as follows:

     ``SEC. 302. FINDINGS AND PURPOSES

       ``(a) Findings.--The Congress finds that--
       ``(1) in 2007, the Nation celebrates the 200th anniversary 
     of its oldest scientific agency, the Survey of the Coast, 
     which was authorized by Congress and created by President 
     Thomas Jefferson in 1807 to conduct surveys of the coast and 
     provide nautical charts for safe passage through the Nation's 
     ports and along its extensive coastline;
       ``(2) these mission requirements and capabilities, which 
     today are located in the National Oceanic and Atmospheric 
     Administration, evolved over time to include research, 
     development, operations, products, and services associated 
     with hydrographic, geodetic, shoreline and baseline 
     surveying; cartography, mapping, and charting; tides, 
     currents, and water level observations; maintenance of a 
     national spatial reference system, and associated products 
     and services;
       ``(3) there is a need to maintain federal expertise and 
     capability in hydrographic data and services to support a 
     safe and efficient marine transportation system for the 
     enhancement and promotion of international trade and 
     interstate commerce vital to the Nation's economic prosperity 
     and for myriad other commercial and recreational activities;
       ``(4) the Nation's marine transportation system is becoming 
     increasingly congested, the volume of international maritime 
     commerce is expected to double within the next 20 years, and 
     nearly half of the cargo transiting U.S. waters is oil, 
     refined petroleum products, or other hazardous substances;
       ``(5) in addition to commerce, hydrographic data and 
     services support other national needs for the Great Lakes and 
     coastal waters, the territorial sea, the Exclusive Economic 
     Zone, and the continental shelf of the United States, 
     including emergency response; homeland security; marine 
     resource conservation; coastal resiliency to sea-level rise, 
     coastal inundation, and other hazards; ocean and coastal 
     science advancement; and improved and integrated ocean and 
     coastal mapping and observations for an integrated ocean 
     observing system;
       ``(6) the National Oceanic and Atmospheric Administration, 
     in cooperation with other agencies and the States, serves as 
     the Nation's leading civil authority for establishing and 
     maintaining national standards and datums for hydrographic 
     data and services;
       ``(7) the Director of the National Oceanic and Atmospheric 
     Administration's Office of Coast Survey serves as the U.S. 
     National Hydrographer and the primary U.S. representative to 
     the international hydrographic community, including the 
     International Hydrographic Organization;
       ``(8) the hydrographic expertise, data, and services of the 
     National Oceanic and Atmospheric Administration provide the 
     underlying and authoritative basis for baseline and boundary 
     demarcation, including the establishment of marine and 
     coastal territorial limits and jurisdiction, such as the 
     Exclusive Economic Zone; and
       ``(9) research, development and application of new 
     technologies will further increase efficiency, promote the 
     Nation's competitiveness, provide social and economic 
     benefits, enhance safety and environmental protection, and 
     reduce risks.
       ``(b) Purposes.--The purposes of this Act are to--
       ``(1) augment the ability of the National Oceanic and 
     Atmospheric Administration to fulfill its responsibilities 
     under this and other authorities;
       ``(2) provide more accurate and up-to-date hydrographic 
     data and services in support of safe and efficient 
     international trade and interstate commerce, including 
     hydrographic surveys; electronic navigational charts; real-
     time tide, water level, and current information and 
     forecasting; shoreline surveys; and geodesy and three-
     dimensional positioning data;
       ``(3) support homeland security, emergency response, 
     ecosystem approaches to marine management, and coastal 
     resiliency by providing hydrographic data and services with 
     many other useful operational, scientific, engineering, and 
     management applications, including storm surge, tsunami, 
     coastal flooding, erosion, and pollution trajectory 
     monitoring, predictions, and warnings; marine and coastal 
     geographic information systems; habitat restoration; long-
     term sea-level trends; and more accurate environmental 
     assessments and monitoring;
       ``(4) promote improved integrated ocean and coastal mapping 
     and observations through increased coordination and 
     cooperation;
       ``(5) provide for and support research and development in 
     hydrographic data, services and related technologies to 
     enhance the efficiency, accuracy and availability of 
     hydrographic data and services and thereby promote the 
     Nation's scientific and technological competitiveness; and
       ``(6) provide national and international leadership for 
     hydrographic and related services, sciences, and 
     technologies.''.

     SEC. 4. CHANGES IN DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892), as redesignated by section 2, is 
     amended--
       (1) by amending paragraph (3) to read as follows:
       ``(3) Hydrographic data.--The term `hydrographic data' 
     means information acquired through hydrographic, bathymetric, 
     or shoreline surveying; geodetic, geospatial, or geomagnetic 
     measurements; tide, water level, and current observations, or 
     other methods, that is used in providing hydrographic 
     services.'';
       (2) by amending paragraph (4)(A) to read as follows:
       ``(A) the management, maintenance, interpretation, 
     certification, and dissemination of bathymetric, 
     hydrographic, shoreline, geodetic, geospatial, geomagnetic, 
     and tide, water level, and current information, including the 
     production of nautical charts, nautical information 
     databases, and other products derived from hydrographic 
     data;''; and
       ``(3) by amending paragraph (5) to read as follows:
       ``(5) Coast and Geodetic Survey Act.--The term `Coast and 
     Geodetic Survey Act' means the Act entitled `An Act to define 
     the functions and duties of the Coast and Geodetic Survey, 
     and for other purposes', approved August 6, 1947 (33 U.S.C. 
     883a et seq.).''.

     SEC. 5. CHANGES IN FUNCTIONS OF THE ADMINISTRATOR.

       Section 304 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a), as redesignated by section 2, is 
     amended--
       (1) in subsection (a)--
       (A) in the stem by striking ``To fulfill the data gathering 
     and dissemination duties of the Administration under the Act 
     of 1947,'' and inserting ``To fulfill the data gathering and 
     dissemination duties of the Administration under the Coast 
     and Geodetic Survey Act, promote safe, efficient, and 
     environmentally sound marine transportation, and otherwise 
     fulfill the purposes of this Act,'';
       (B) in paragraph (1) by striking ``data;'' and inserting 
     ``data and provide hydrographic services;'';
       (2) by amending subsection (b) to read as follows:
       ``(b) Authorities.--To fulfill the data gathering and 
     dissemination duties of the Administration under the Coast 
     and Geodetic Survey Act, promote safe, efficient, and 
     environmentally sound marine transportation, and otherwise 
     fulfill the purposes of this Act, subject to the availability 
     of appropriations--
       ``(1) the Administrator may procure, lease, evaluate, test, 
     develop, and operate vessels, equipment, and technologies 
     necessary to ensure safe navigation and maintain operational 
     expertise in hydrographic data acquisition and hydrographic 
     services;
       ``(2) the Administrator shall design, install, maintain, 
     and operate real-time hydrographic monitoring systems to 
     enhance navigation safety and efficiency;
       ``(3) where appropriate and to the extent that it does not 
     detract from the promotion of safe and efficient navigation, 
     the Administrator may acquire hydrographic data and provide 
     hydrographic services to support the conservation and 
     management of coastal and ocean resources;
       ``(4) where appropriate, the Administrator may acquire 
     hydrographic data and provide hydrographic services to save 
     and protect life and property and support the resumption of 
     commerce in response to emergencies, natural and man-made 
     disasters, and homeland security and maritime domain 
     awareness needs, including obtaining Mission Assignments as 
     defined in section 741 of title 6, United States Code;
       ``(5) the Administrator shall have the authority to create, 
     support and maintain such joint centers, and to enter into 
     and perform such contracts, leases, grants, or cooperative 
     agreements as may be necessary to carry out the purposes of 
     this Act;
       ``(6) notwithstanding paragraph (5), the Administrator may 
     award contracts for the acquisition of hydrographic data in 
     accordance with title IX of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 1101 et 
     seq.).''.

     SEC. 6. CHANGES TO QUALITY ASSURANCE PROGRAM.

       Section 305 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892b), as redesignated by section 2, is 
     amended in subsections (b)(1)(A) and (b)(2) by striking 
     ``303(a)(3)'' and inserting ``304(a)(3)''.

     SEC. 7. CHANGES IN HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892c), as redesignated by section 2, is 
     amended--
       (1) in subsection (b)(1) by striking ``303'' and inserting 
     ``304'';

[[Page 15165]]

       (2) by amending subsection (c)(1)(A) to read as follows:
       ``(A) The panel shall consist of 15 voting members who 
     shall be appointed by the Administrator. The Co-directors of 
     the Joint Hydrographic Institute and no more than two 
     employees of the National Oceanic and Atmospheric 
     Administration appointed by the Administrator shall serve as 
     nonvoting members of the panel. The voting members of the 
     panel shall be individuals who, by reason of knowledge, 
     experience, or training, are especially qualified in one or 
     more of the disciplines and fields relating to hydrographic 
     data and hydrographic services, as defined in this Act, and 
     other disciplines as determined appropriate by the 
     Administrator.'';
       (3) in subsections (c)(1)(C), (c)(3), and (e) by striking 
     ``Secretary'' and inserting ``Administrator''; and
       (4) by amending subsection (d) to read as follows:
       ``(d) Compensation.--Voting members of the panel shall be 
     reimbursed for actual and reasonable expenses, such as travel 
     and per diem, incurred in the performance of such duties.''.

     SEC. 8. CHANGES TO AUTHORIZATION OF APPROPRIATIONS.

       Section 307 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d), as redesignated by section 2, is 
     amended to read as follows:
       ``There are authorized to be appropriated to the 
     Administrator $168,771,000 in fiscal year 2008 and thereafter 
     such sums as may be necessary for each of fiscal years 2009 
     through 2012 for the purposes of carrying out this Act.''.

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