[Congressional Record (Bound Edition), Volume 154 (2008), Part 10]
[Senate]
[Pages 13855-13865]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SCHUMER:
  S. 3190. A bill to amend the Internal Revenue Code of 1986 to require 
employers to notify their employees of the availability of the earned 
income credit; to the Committee on Finance.
  Mr. SCHUMER. Mr. President, I am pleased to introduce today, along 
with my colleague from the House, Rep. Rahm Emanuel, an important and 
noncontroversial bill designed to increase the percentage of eligible 
families that claim the Earned Income Tax Credit, or EITC, every year.
  The bill is endorsed by the Service Employees International Union, 
SEIU, Wal-Mart, the Center on Budget and Policy Priorities, the 
Citizens for Tax Justice, the Leadership Conference on Civil Rights, 
Corporate Voices for Working Families, the College and University 
Professional Association for Human Resources, TJ Maxx, Kindred 
Healthcare, and Cintas.
  Even in these tough economic times, Wal-Mart is still the nation's 
top private employer, and they place a huge emphasis on keeping their 
business costs low. If they are taking such a lead role on this bill, 
it should send a strong signal to the business community and to 
Republicans that it is a good idea and that the cost burden on business 
is next to nothing.
  The EITC is a hugely important and popular program for working 
families. Started under President Ford after President Nixon advanced a 
similar program, and expanded under virtually every President since, 
the EITC sends a message that if you work hard and play by the rules, 
you shouldn't live in poverty.
  I know the program isn't perfect, but it's the best tax tool we have 
for helping working families make ends meet. Combined with the recent 
increase in the minimum wage that Democrats pushed through the 
Congress, the EITC is improving the lives of million of families.
  For tax year 2006, more than $44 billion in benefits were distributed 
to more than 22.4 million American families. That shows what a success 
the program is.
  As one of the most populous states, with millions of working families 
of

[[Page 13856]]

modest means, the numbers for New York State by itself are impressive. 
In 2006, nearly 1.5 million New York families took advantage of the 
EITC, claiming $2.8 billion in benefits. That's an average of $1,867 
per family. But if the estimates from the Government Accountability 
Office are right and 25 percent of eligible families do not file for 
the credit, that's almost 500,000 families in my state who are missing 
out.
  At an average EITC benefit of nearly $1,900, that means that more 
than $900 million could be going back into the pockets of New Yorkers--
without a single change in the law--if we could find a way to reach 
these families. It could represent a second stimulus package for 
500,000 working families as large as the one we passed earlier this 
year--and all eligible families have to do is ask for it.
  With gasoline costing over $4 a gallon, and health care and tuition 
costs on the rise, if we can get an average of $1,900 into the pockets 
of 500,000 New York families, or 7.5 million people nationally--that's 
an opportunity we can't pass up.
  Since these families are eligible for the credit under current law, 
it's not a policy that has to be scored or ``paid for'' under the PAYGO 
rules, because current law assumes these benefits will be paid. I can't 
imagine anyone objecting to this bill.
  The Emanuel/Schumer legislation simply requires that employers notify 
their workers of their potential eligibility for the EITC when they 
send out the annual W-2 wage notice. To satisfy the notice requirement, 
employers would provide either a copy of IRS Notice 797, which explains 
how one qualifies for the EITC, or a separate written notice that is 
described in the language of the bill.
  For those that might be concerned about the cost to business, our 
bill exempts firms with less than 25 employees.
  This is a bill that is such common-sense, and represents such little 
cost to business, and offers such a large potential benefit to so many 
families, that it's something that we ought to be able to pass 
unanimously before the end of the year.
  Rep. Emanuel and I sent a letter to Treasury Secretary Henry Paulson 
today about the bill. Even though the Bush Administration is nearing 
its end, the goals of this legislation could be accomplished via 
regulation or executive order, and I urge the Administration to take 
such action and render the bill moot. Rep. Emanuel and I would be happy 
not to have to pass this bill. Otherwise, we will push it and hope to 
pass it with broad bipartisan support by year's end. With unions and 
major employers both supporting the bill, there really should be no 
objection.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3190

       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 ``Earned Income Credit 
     Information Act of 2008''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress hereby finds:
       (1) President Gerald Ford and Congress created the earned 
     income credit (EIC) in 1975 to offset the adverse effects of 
     Social Security and Medicare payroll taxes on working poor 
     families and to encourage low-income workers to seek 
     employment rather than welfare.
       (2) President Ronald Reagan described the earned income 
     credit as ``the best anti-poverty, the best pro-family, the 
     best job-creation measure to come out of Congress.''
       (3) Over the last 30 years, the EIC program has grown into 
     the largest Federal anti-poverty program in the United 
     States. In 2005, 22.8 million tax filers received $42.4 
     billion in tax credits through the EIC program.
       (4) In 2007, the EIC provided a maximum Federal benefit of 
     $4,716 for families with 2 or more children, $2,853 for 
     families with a single child, and $428 for a taxpayer with no 
     qualifying children.
       (5) Based on analysis conducted by the General 
     Accountability Office, 25 percent of those eligible to 
     receive the EIC do not take advantage of the tax benefit.
       (6) Based on analysis conducted by the Joint Economic 
     Committee, working Americans may have lost out on 
     approximately $8 billion in unclaimed earned income credits 
     in 2004.
       (7) In response to a study by the California Franchise Tax 
     Board that found that there were approximately 460,000 
     California families that qualified, but did not file, for the 
     EIC, Governor Arnold Schwarzenegger signed into law Assembly 
     Bill 650, the Earned Income Tax Credit Information Act, on 
     October 13, 2007. The law requires that California employers 
     notify employees of their potential eligibility for the EIC.
       (8) In order to ensure that tax benefits designed to assist 
     working Americans reach the maximum number of people, the 
     Federal Government should enact a similar law.
       (b) Purpose.--The purpose of this Act is to inform the 
     greatest possible number of Americans about their potential 
     eligibility for the earned income credit in a way that is 
     neither costly nor burdensome for employers or the 
     Government.

     SEC. 3. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED 
                   INCOME CREDIT.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 (relating to miscellaneous provisions) is amended by 
     adding at the end the following new section:

     ``SEC. 7529. EMPLOYER NOTIFICATION OF AVAILABILITY OF EARNED 
                   INCOME CREDIT.

       ``(a) In General.--Every employer required to provide a 
     statement under section 6051 (relating to W-2 statements) to 
     a potential EIC-eligible employee shall provide to such 
     employee the notice described in subsection (c).
       ``(b) Potential EIC-Eligible Employee.--For purposes of 
     this section, the term `potential EIC-eligible employee' 
     means any individual whose annual wages from the employer are 
     less than the amount of earned income (as defined in section 
     32(c)(2)) at which the credit under section 32(a) phases out 
     for an individual described in section 32(c)(1)(A)(ii) (or 
     such other amount as may be prescribed by the Secretary).
       ``(c) Contents of Notice.--
       ``(1) In general.--The notice required by subsection (a) 
     shall be--
       ``(A) a copy of Internal Revenue Service Notice 797 or any 
     successor notice, or
       ``(B) a notice stating: `Based on your annual earnings, you 
     may be eligible to receive the earned income credit from the 
     Federal Government. The earned income credit is a tax credit 
     for certain working individuals and families. In 2008, earned 
     income credit benefits are available for taxpayers with 
     earnings up to $38,646 ($41,646 if married filing jointly). 
     Eligibility and benefit amounts vary according to filing 
     status (single or married), number of qualifying children, 
     and other sources of income. For example, in 2008, earned 
     income credit benefits are available for childless taxpayers 
     earning less than $15,880, taxpayers with 1 child earning 
     less than $36,995, and taxpayers with 2 or more children 
     earning less than $41,646. In most cases, earned income 
     credit payments will not be used to determine eligibility for 
     Medicaid, supplemental security income, food stamps, low-
     income housing or most temporary assistance for needy 
     families programs. Even if you do not owe Federal taxes, you 
     may qualify, but must file a tax return to receive the earned 
     income credit. For information regarding your eligibility to 
     receive the earned income credit, contact the Internal 
     Revenue Service by calling 1-800-829-1040 or through its web 
     site at www.irs.gov. The Volunteer Income Tax Assistance 
     (VITA) program provides free tax preparation assistance to 
     individuals under the above income limits. Call the IRS at 1-
     800-906-9887 to find sites in your area.'.
       ``(2) Years after 2008.--In the case of the notice in 
     paragraph (1)(B) for taxable years beginning in a calendar 
     year after 2008--
       ``(A) such calendar year shall be substituted for `2008',
       ``(B) the lowest amount of earned income for a taxpayer 
     with no qualifying children at which the credit phases out 
     under section 32(a)(2)(B) for taxable years beginning in such 
     calendar year shall be substituted for `$15,880',
       ``(C) the lowest amount of earned income for a taxpayer 
     with 1 qualifying child at which the credit phases out under 
     section 32(a)(2)(B) for such taxable years shall be 
     substituted for `$36,995', and
       ``(D) the lowest amount of earned income for a taxpayer 
     with 2 or more qualifying children at which the credit phases 
     out under section 32(a)(2)(B) for such taxable years shall be 
     substituted for `$41,646'.
       ``(d) Exemption for Small Employers.--
       ``(1) In general.--An employer shall not be required to 
     provide notices under this section during any calendar year 
     if the employer employed an average of 25 or fewer employees 
     on business days during the preceding calendar year. For 
     purposes of the preceding sentence, a preceding calendar year 
     may be taken into account only if the employer was in 
     existence throughout such year.
       ``(2) Employers not in existence in preceding year.--In the 
     case of an employer which was not in existence throughout the 
     preceding calendar year, the determination

[[Page 13857]]

     under paragraph (1) shall be based on the average number of 
     employees that it is reasonably expected such employer will 
     employ on business days in the current calendar year.
       ``(3) Special rules.--
       ``(A) Controlled groups.--For purposes of this subsection, 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as 1 
     employer.
       ``(B) Predecessors.--Any reference in this subsection to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(e) Timing of Notice.--The notice required by subsection 
     (a) shall be provided to each employee at the same time the 
     employer statement is furnished to each such employee under 
     section 6051.
       ``(f) Manner of Providing Notice.--The notice required by 
     subsection (a) shall be provided either by hand or by mail to 
     the address used to provide the statement under section 6051 
     to the employee.''.
       (b) Penalty for Failure To Provide Notice.--Section 
     6724(d)(2) of such Code is amended by striking ``or'' at the 
     end of subparagraph (BB), by striking the period at the end 
     of subparagraph (CC) and inserting ``, or'', and by inserting 
     after subparagraph (CC) the following new subparagraph:
       ``(DD) section 7529 (relating to employer notification of 
     availability of earned income credit).''.
       (c) Clerical Amendment.--The table of sections for such 
     chapter 77 is amended by adding at the end the following new 
     item:

``Sec. 7529. Employer notification of availability of earned income 
              credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to statements required to be 
     provided under section 6051 of the Internal Revenue Code of 
     1986 more than 180 days after the date of the enactment of 
     this Act.
                                  ____

                                                    June 25, 2008.
     Hon. Henry Paulson,
     Secretary, Department of the Treasury, Washington, DC.
       Dear Secretary Paulson: Over the last 30 years, the Earned 
     Income Tax Credit (EITC) has grown into the largest Federal 
     anti-poverty program in the United States. In 2006, over 22 
     million taxpayers received almost $44 billion through the 
     EITC. During its history, the program has been supported by 
     both Democrats and Republicans. President Ronald Reagan 
     described the earned income credit as ``the best anti-
     poverty, the best pro-family, the best job-creation measure 
     to come out of Congress.''
       As you know, millions of eligible Americans fail to take 
     advantage of this critical program, costing themselves 
     billions in tax benefits. Based on an analysis conducted by 
     the General Accountability Office, 25 percent of those 
     eligible to receive the EITC do not take advantage of it. The 
     Internal Revenue Service (IRS) estimates that between 20 and 
     25 percent of taxpayers who are eligible don't claim the 
     credit. While this issue has been a persistent source of 
     concern, it is particularly troubling now when Americans are 
     contending with record high gas prices and surging costs for 
     other consumer goods.
       On October 13, 2007, Governor Arnold Schwarzenegger signed 
     into law Assembly Bill 650, the Earned Income Tax Credit 
     Information Act. The legislation seeks to reduce the number 
     of eligible taxpayers who fail to take advantage of the EITC 
     by requiring California employers to notify their employees 
     of their potential eligibility for the EITC. We believe that 
     the California law should serve as a model for federal 
     action, and will shortly introduce legislation to accomplish 
     this goal.
       We bring this to your attention because we believe that the 
     goal of increasing awareness of the EITC, and thus expanding 
     the number of taxpayers who access it, can also be 
     accomplished through administrative rule-making.
       Earlier in the year, you played a critical role in 
     providing needed economic stimulus to working Americans that 
     is now helping to soften the brunt of our current economic 
     downturn. By increasing the number of eligible taxpayers who 
     take advantage of the EITC program, you can build on this 
     accomplishment and add further stimulus by providing, in some 
     cases, thousands of dollars of assistance that can be used to 
     buy gas or groceries, or pay the mortgage.
       For this reason, we ask you to explore what the 
     Administration can do to improve EITC outreach efforts, and 
     specifically ask that you examine the possibility of 
     requiring employers to provide information to their employees 
     about the EITC at the same time that they provide W-2 
     statements. Earlier this year, at an EITC Awareness Day 
     event, you noted: ``Ensuring that more eligible families 
     receive their EITC is important this year, as it is every 
     year. I encourage people all across America to check to see 
     if you are eligible for the Earned Income Credit.'' We 
     couldn't agree more, but believe we should also look to 
     employers to help taxpayers take advantage of critical 
     federal tax programs like the EITC.
       Finally, we are aware that the Administration instructed 
     federal agencies on May 9, 2008 to not undertake any new 
     rulemaking procedures after June 1, 2008. We sincerely hope 
     that this policy will not prevent the Administration from 
     helping hardworking Americans who need it the most.
       We look forward to your response and thank you for your 
     consideration.
           Sincerely,
     Rahm Emanuel,
       House Democratic Caucus Chair.
     Charles Schumer,
       Senate Democratic Caucus Vice-Chair.
                                 ______
                                 
      By Ms. SNOWE (for herself, Mr. Nelson of Florida, Ms. Cantwell, 
        Mr. Kerry, Mr. Vitter, Mr. Levin, Mr. Voinovich, Mrs Boxer, Mr. 
        Cardin, and Ms. Mikulski):
  S. 3191. A bill to develop and promote a comprehensive plan for a 
national strategy to address harmful algal blooms and hypoxia through 
baseline research, forecasting and monitoring, and mitigation and 
control while helping communities detect, control, and mitigate coastal 
and Great Lakes harmful algal blooms and hypoxia events; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, I rise today to introduce the Harmful Algal 
Bloom and Hypoxia Amendments Act of 2008. This bill would enhance the 
research programs established in the Harmful Algal Blooms and Hypoxia 
Research and Control Act of 1998 and reauthorized in 2004, which have 
greatly enhanced our ability to predict outbreaks of harmful algal 
blooms and the extent of hypoxic zones. But knowing when outbreaks will 
occur is only half the battle. By funding additional research into 
mitigation and prevention of HABs and hypoxia, and by enabling 
communities to develop response strategies to more effectively reduce 
their effects on our coastal communities, this legislation would take 
the next critical steps to reducing the social and economic impacts of 
these potentially disastrous outbreaks.
  I am proud to continue my leadership on this important issue and I 
particularly want to thank my counterpart on this key piece of 
legislation, Senator Bill Nelson. My partnership with Senator Breaux on 
the first two harmful algal bloom bills proved extremely fruitful, and 
I am pleased that the Gulf of Mexico--whose coastal residents are 
severely impacted by both harmful algal blooms, also known as HABs, and 
hypoxia--will continue to be so well represented as this program moves 
into the future. I also want to thank the bill's additional co-
sponsors, Senators Cantwell, Kerry, Vitter, Voinovich, Boxer and Levin 
for their vital contributions. We all represent coastal States directly 
affected by harmful algal blooms and hypoxia, and we see first hand the 
ecological and economic damage caused by these events.
  In New England blooms of Alexandrium algae, more commonly known as 
``red tide'', can cause shellfish to accumulate toxins that when 
consumed by humans lead to paralytic shellfish poisoning (PSP), a 
potentially fatal neurological disorder. Therefore, when levels of 
Alexandrium reach dangerous levels, our fishery managers are forced to 
close shellfish beds that provide hundreds of jobs and add millions of 
dollars to our regional economy. Red tide outbreaks--which occur in 
various forms not just in the northeast, but along thousands of miles 
of U.S. coastline--have increased dramatically in the Gulf of Maine in 
the last 20 years, with major blooms occurring almost every year.
  In 2005, the most severe red tide since 1972 blanketed the New 
England coast from Martha's Vineyard to Downeast Maine, resulting in 
extensive commercial and recreational shellfish harvesting closures 
lasting several months at the peak of the seafood harvesting season. In 
a peer-reviewed study, economists found that the 2005 event caused over 
$2.4 million in lost landings of shellfish in the State of Maine alone, 
and more than $10 million throughout New England.
  In May of this year, scientists once more predicted an abundance of 
Alexandrium off the New England coast, marking the onset of yet another 
severe harmful algal bloom in

[[Page 13858]]

the area. Just yesterday, Maine's Department of Marine Resources 
announced the closure of additional shellfish beds covering many areas 
from Cutler east to the Canadian border, and today the Food and Drug 
Administration asked the National Marine Fisheries Service to issue a 
closure of a section of Federal waters near George's Bank to the 
harvest of ocean quahogs and surf clams.
  Still, while this year's bloom has tracked the pattern of the 2005 
event, thanks to previous investments in HAB programs, localized 
testing has led to fewer closures. Unlike 2005 when nearly the entire 
coast of Massachusetts and much of Maine was declared off-limits to 
shell fishermen, in this year's bloom, some unaffected areas remain 
open despite being directly adjacent to contaminated beds. These 
detailed forecasting and testing measures will greatly reduce the 
economic impact such outbreaks impose on our coastal communities, and 
is directly attributable to the efforts authorized in previous HAB 
legislation.
  Mr. President, while we have made great strides in bloom prediction 
and monitoring, it is clear that these problems have not gone away, but 
rather increased in magnitude. Harmful algal blooms remain prevalent 
nationwide, and areas of hypoxia, also known as ``dead zones'', are now 
occurring with increasing frequency. Within a dead zone, oxygen levels 
plummet to the point at which they can no longer sustain life, driving 
out animals that can move, and killing those that cannot. The most 
infamous dead zone occurs annually in the Gulf of Mexico, off the 
shores of Louisiana. In 2007, researchers there predicted the biggest 
hypoxic zone ever recorded, covering more than 8,500 square miles. Dead 
zones are also occurring with increasing frequency in more areas than 
ever before, including off the coasts of Oregon and Texas.
  The amendments contained in this legislation would enhance the 
Nation's ability to predict, monitor, and ultimately control harmful 
algal blooms and hypoxia. Understanding when these blooms will occur is 
vital, but the time has come to take this program to the next level--to 
determine not just when an outbreak will occur, but how to reduce its 
intensity or prevent its occurrence all together. This bill would build 
on NOAA's successes in research and forecasting by creating a program 
to mitigate and control HAB outbreaks.
  This bill also recognizes the need to enhance coordination among 
State and local resource managers--those on the front lines who must 
make the decisions to close beaches or shellfish beds. Their decisions 
are critical to protecting human health, but can also impose 
significant economic impacts. The bill would mandate creation of 
Regional Research and Action Plans that would identify baseline 
research, possible State and local government actions to prepare for 
and mitigate the impacts of HABs, and establish outreach strategies to 
ensure the public is informed of the dangers these events can present. 
A regional focus on these issues will ensure a more effective and 
efficient response to future events.
  Mr. President, if enacted, this critical reauthorization would 
greatly enhance our Nation's ability to predict, monitor, mitigate, and 
control outbreaks of HABs and hypoxia. Over half the U.S. population 
resides in coastal regions, and we must do all in our power to 
safeguard their health and the health of the marine environment. The 
existing Harmful Algal Bloom and Hypoxia Program has done a laudable 
job to date, and this authorization will allow them to expand their 
scope and provide greater benefits to the Nation as a whole. I thank my 
cosponsors again for their efforts in developing this vital 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3191

       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 ``Harmful 
     Algal Blooms and Hypoxia Amendments Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Harmful Algal Bloom and Hypoxia Research and 
              Control Act of 1998.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Interagency task force on harmful algal blooms and hypoxia.
Sec. 6. National harmful algal bloom and hypoxia program.
Sec. 7. Regional research and action plans.
Sec. 8. Reporting.
Sec. 9. Pilot program for freshwater harmful algal blooms and hypoxia.
Sec. 10. Interagency financing.
Sec. 11. Application with other laws.
Sec. 12. Definitions.
Sec. 13. Authorization of appropriations.

     SEC. 2. AMENDMENT OF HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH 
                   AND CONTROL ACT OF 1998.

       Except as otherwise expressly provided, whenever in this 
     title 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 Harmful Algal Bloom and Hypoxia 
     Research and Control Act of 1998 (16 U.S.C. 1451 note).

     SEC. 3. FINDINGS.

       Section 602 is amended--
       (1) by striking paragraph (8) and inserting the following:
       ``(8) harmful algal blooms and hypoxia can be triggered and 
     exacerbated by increases in nutrient loading from point and 
     non-point sources, much of which originates in upland areas 
     and is delivered to marine and freshwater bodies via river 
     discharge, thereby requiring integrated and landscape-level 
     research and control strategies;'';
       (2) by striking ``and'' after the semicolon in paragraph 
     (11);
       (3) by striking ``hypoxia.'' in paragraph (12) and 
     inserting ``hypoxia;''; and
       (4) by adding at the end thereof the following:
       ``(13) harmful algal blooms and hypoxia affect many sectors 
     of the coastal economy, including tourism, public health, and 
     recreational and commercial fisheries; and according to a 
     recent report produced by NOAA, the United States seafood and 
     tourism industries suffer annual losses of $82 million due to 
     economic impacts of harmful algal blooms;
       ``(14) global climate change and its effect on oceans and 
     the Great Lakes may ultimately play a role in the increase or 
     decrease of harmful algal bloom and hypoxic events;
       ``(15) proliferations of harmful and nuisance algae can 
     occur in all United States waters, including coastal areas 
     and estuaries, the Great Lakes, and inland waterways, 
     crossing political boundaries and necessitating regional 
     coordination for research, monitoring, mitigation, response, 
     and prevention efforts; and
       ``(16) following passage of the Harmful Algal Bloom and 
     Hypoxia Research and Control Act of 1998, Federally-funded 
     and other research has led to several technological advances, 
     including remote sensing, molecular and optical tools, 
     satellite imagery, and coastal and ocean observing systems, 
     that provide data for forecast models, improve the monitoring 
     and prediction of these events, and provide essential 
     decision making tools for managers and stakeholders.''.

     SEC. 4. PURPOSE.

       The Act is amended by inserting after section 602 the 
     following:

     ``SEC. 602A. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to provide for the development and coordination of a 
     comprehensive and integrated national program to address 
     harmful algal blooms, hypoxia, and nuisance algae through 
     baseline research, monitoring, prevention, mitigation, and 
     control;
       ``(2) to provide for the assessment and consideration of 
     regional and national ecosystem, socio-economic, and human 
     health impacts of harmful and nuisance algal blooms and 
     hypoxia, and integration of that assessment into marine and 
     freshwater resource decisions; and
       ``(3) to facilitate regional, State, and local efforts to 
     develop and implement appropriate harmful algal bloom and 
     hypoxia event response plans, strategies, and tools including 
     outreach programs and information dissemination 
     mechanisms.''.

     SEC. 5. INTERAGENCY TASK FORCE ON HARMFUL ALGAL BLOOMS AND 
                   HYPOXIA.

       (a) Federal Representatives.--Section 603(a) is amended--
       (1) by striking ``The Task Force shall consist of the 
     following representatives from--'' and inserting ``The Task 
     Force shall consist of representatives of the Office of the 
     Secretary from each of the following departments and of the 
     office of the head of each of the following Federal 
     agencies:'';
       (2) by striking ``the'' in paragraphs (1) through (11) and 
     inserting ``The'';
       (3) by striking the semicolon in paragraphs (1) through 
     (10) and inserting a period.
       (4) by striking ``Quality; and'' in paragraph (11) and 
     inserting ``Quality.''; and

[[Page 13859]]

       (5) by striking ``such other'' in paragraph (12) and 
     inserting ``Other''.
       (b) State Representatives.--Section 603 is amended--
       (1) by redesignating subsections (b) through (i) as 
     subsections (c) through (j), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) State Representatives.--The Secretary shall establish 
     criteria for determining appropriate States to serve on the 
     Task Force and establish and implement a nominations process 
     to select representatives from 2 appropriate States in 
     different regions, on a rotating basis, to serve 2-year terms 
     on the Task Force.'';
       (3) in subsection (h), as redesignated--
       (A) by striking ``Not less than once every 5 years the'' in 
     paragraph (1) and inserting ``The'';
       (B) by striking ``The first such'' in paragraph (1) and 
     inserting ``The'';
       (C) by striking ``assessments'' in paragraph (2) and 
     inserting ``assessment''; and
       (4) in subsection (i), as redesignated--
       (A) by striking ``Not less than once every 5 years the'' in 
     paragraph (1) and inserting ``The'';
       (B) by striking ``The first such'' in paragraph (1) and 
     inserting ``The'';
       (C) by striking ``All subsequent assessments'' in paragraph 
     (1) and inserting ``The assessment''; and
       (D) by striking ``assessments'' in paragraph (2) and 
     inserting ``assessment''.

     SEC. 6. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA PROGRAM.

       The Act is amended by inserting after section 603 the 
     following:

     ``SEC. 603A. NATIONAL HARMFUL ALGAL BLOOM AND HYPOXIA 
                   PROGRAM.

       ``(a) Establishment.--The President, acting through NOAA, 
     shall establish and maintain a national program for 
     integrating efforts to address harmful algal bloom and 
     hypoxia research, monitoring, prediction, control, 
     mitigation, prevention, and outreach.
       ``(b) Task Force Functions.--The Task Force shall be the 
     oversight body for the development and implementation of the 
     national harmful algal bloom and hypoxia program and shall--
       ``(1) coordinate interagency review of plans and policies 
     of the Program;
       ``(2) assess interagency work and spending plans for 
     implementing the activities of the Program;
       ``(3) assess the Program's distribution of Federal grants 
     and funding to address research priorities;
       ``(4) support implementation of the actions and strategies 
     identified in the regional research and action plans under 
     subsection (d);
       ``(5) support the development of institutional mechanisms 
     and financial instruments to further the goals of the 
     program;
       ``(6) expedite the interagency review process and ensure 
     timely review and dispersal of required reports and 
     assessments under this Act; and
       ``(7) promote the development of new technologies for 
     predicting, monitoring, and mitigating harmful algal blooms 
     and hypoxia conditions.
       ``(c) Lead Federal Agency.--NOAA shall be the lead Federal 
     agency for implementing and administering the National 
     Harmful Algal Bloom and Hypoxia Program.
       ``(d) Responsibilities.--The Program shall--
       ``(1) promote a national strategy to help communities 
     understand, detect, predict, control, and mitigate freshwater 
     and marine harmful algal bloom and hypoxia events;
       ``(2) plan, coordinate, and implement the National Harmful 
     Algal Bloom and Hypoxia Program; and
       ``(3) report to the Task Force via the Administrator.
       ``(e) Duties.--
       ``(1) Administrative duties.--The Program shall--
       ``(A) prepare work and spending plans for implementing the 
     activities of the Program and developing and implementing the 
     Regional Research and Action Plans and coordinate the 
     preparation of related work and spending plans for the 
     activities of other participating Federal agencies;
       ``(B) administer merit-based, competitive grant funding to 
     support the projects maintained and established by the 
     Program, and to address the research and management needs and 
     priorities identified in the Regional Research and Action 
     Plans;
       ``(C) coordinate NOAA programs that address harmful algal 
     blooms and hypoxia and other ocean and Great Lakes science 
     and management programs and centers that address the 
     chemical, biological, and physical components of harmful 
     algal blooms and hypoxia;
       ``(D) coordinate and work cooperatively with other Federal, 
     State, and local government agencies and programs that 
     address harmful algal blooms and hypoxia;
       ``(E) coordinate with the State Department to support 
     international efforts on harmful algal bloom and hypoxia 
     information sharing, research, mitigation, and control.''.
       ``(F) coordinate an outreach, education, and training 
     program that integrates and augments existing programs to 
     improve public education about and awareness of the causes, 
     impacts, and mitigation efforts for harmful algal blooms and 
     hypoxia;
       ``(G) facilitate and provide resources for training of 
     State and local coastal and water resource managers in the 
     methods and technologies for monitoring, controlling, and 
     mitigating harmful algal blooms and hypoxia;
       ``(H) support regional efforts to control and mitigate 
     outbreaks through--
       ``(i) communication of the contents of the Regional 
     Research and Action Plans and maintenance of online data 
     portals for other information about harmful algal blooms and 
     hypoxia to State and local stakeholders within the region for 
     which each plan is developed; and
       ``(ii) overseeing the development, review, and periodic 
     updating of Regional Research and Action Plans established 
     under section 603B;
       ``(I) convene an annual meeting of the Task Force; and
       ``(J) perform such other tasks as may be delegated by the 
     Task Force.
       ``(2) Program duties.--The Program shall--
       ``(A) maintain and enhance--
       ``(i) the Ecology and Oceanography of Harmful Algal Blooms 
     Program;
       ``(ii) the Monitoring and Event Response for Harmful Algal 
     Blooms Program;
       ``(iii) the Northern Gulf of Mexico Ecosystems and Hypoxia 
     Assessment Program; and
       ``(iv) the Coastal Hypoxia Research Program;
       ``(B) establish--
       ``(i) a Mitigation and Control of Harmful Algal Blooms 
     Program--

       ``(I) to develop and promote strategies for the prevention, 
     mitigation, and control of harmful algal blooms; and
       ``(II) to fund research that may facilitate the prevention, 
     mitigation, and control of harmful algal blooms; and
       ``(III) to develop and demonstrate technology that may 
     mitigate and control harmful algal blooms; and

       ``(ii) other programs as necessary; and
       ``(C) work cooperatively with other offices, centers, and 
     programs within NOAA and other agencies represented on the 
     Task Force, States, and nongovernmental organizations 
     concerned with marine and aquatic issues to manage data, 
     products, and infractructure, including--
       ``(i) compiling, managing, and archiving data from relevant 
     programs in Task Force member agencies;
       ``(ii) creating data portals for general education and data 
     dissemination on centralized, publicly available databases; 
     and
       ``(iii) establishing communication routes for data, 
     predictions, and management tools both to and from the 
     regions, states, and local communities.''.

     SEC. 7. REGIONAL RESEARCH AND ACTION PLANS.

       The Act, as amended by section 6, is amended by inserting 
     after section 603A the following:

     ``SEC. 603B. REGIONAL RESEARCH AND ACTION PLANS.

       ``(a) In General.--The Program shall--
       ``(1) oversee the development and implementation of 
     Regional Research and Action Plans; and
       ``(2) identify appropriate regions and sub-regions to be 
     addressed by each Regional Research and Action Plan.
       ``(b) Regional Panels of Experts.--As soon as practicable 
     after the date of enactment of the Harmful Algal Blooms and 
     Hypoxia Amendments Act of 2008, and every 5 years thereafter, 
     the Program shall convene a panel of experts for each region 
     identified under subsection (a)(2) from among--
       ``(1) State coastal management and planning officials;
       ``(2) water management and watershed officials from both 
     coastal states and noncoastal states with water sources that 
     drain into water bodies affected by harmful algal blooms and 
     hypoxia;
       ``(3) public health officials;
       ``(4) emergency management officials;
       ``(5) nongovernmental organizations concerned with marine 
     and aquatic issues;
       ``(6) science and technology development institutions;
       ``(7) economists;
       ``(8) industries and businesses affected by coastal and 
     freshwater harmful algal blooms and hypoxia;
       ``(9) scientists, with expertise concerning harmful algal 
     blooms or hypoxia, from academic or research institutions; 
     and
       ``(10) other stakeholders as appropriate.
       ``(c) Plan Development.--Each regional panel of experts 
     shall develop a Regional Research and Action Plan for its 
     respective region and submit it to the Program for approval 
     and to the Task Force. The Plan shall identify appropriate 
     elements for the region, including--
       ``(1) baseline ecological, social, and economic research 
     needed to understand the biological, physical, and chemical 
     conditions that cause, exacerbate, and result from harmful 
     algal blooms and hypoxia;
       ``(2) regional priorities for ecological and socio-economic 
     research on issues related to, and impacts of, harmful algal 
     blooms and hypoxia;
       ``(3) research needed to develop and advance technologies 
     for improving capabilities to predict, monitor, prevent, 
     control,

[[Page 13860]]

     and mitigate harmful algal blooms and hypoxia;
       ``(4) State and local government actions that may be 
     implemented--
       ``(A) to support long-term monitoring efforts and emergency 
     monitoring as needed;
       ``(B) to minimize the occurrence of harmful algal blooms 
     and hypoxia;
       ``(C) to reduce the duration and intensity of harmful algal 
     blooms and hypoxia in times of emergency;
       ``(D) to address human health dimensions of harmful algal 
     blooms and hypoxia; and
       ``(E) to identify and protect vulnerable ecosystems that 
     could be, or have been, affected by harmful algal blooms and 
     hypoxia;
       ``(5) mechanisms by which data and products are transferred 
     between the Program and State and local governments and 
     research entities;
       ``(6) communication, outreach and information dissemination 
     efforts that State and local governments and nongovernmental 
     organizations can undertake to educate and inform the public 
     concerning harmful algal blooms and hypoxia and alternative 
     coastal resource-utilization opportunities that are 
     available; and
       ``(7) pilot projects, if appropriate, that may be 
     implemented on local, State, and regional scales to address 
     the research priorities and response actions identified in 
     the Plan.
       ``(d) Plan Timelines; Updates.--The Program shall ensure 
     that--
       ``(1) not less than 50 percent of the Regional Research and 
     Action Plans developed under this section are completed and 
     approved by the Program within 12 months after the date of 
     enactment of the Harmful Algal Blooms and Hypoxia Amendments 
     Act of 2008;
       ``(2) the remaining Regional Research and Action Plans are 
     completed and approved by the Program within 24 months after 
     such date of enactment; and
       ``(3) each Regional Research and Action Plan is updated no 
     less frequently than once every 5 years.
       ``(e) Funding.--
       ``(1) In general.--Subject to available appropriations, the 
     Program shall make funding available to eligible 
     organizations to implement the research, monitoring, 
     forecasting, modeling, and response actions included under 
     each approved Regional Research and Action Plan. The Program 
     shall select recipients through a merit-based, competitive 
     process and seek to fund research proposals that most 
     effectively align with the research priorities identified in 
     the relevant Regional Research and Action Plan.
       ``(2) Application; assurances.--Any organization seeking 
     funding under this subsection shall submit an application to 
     the Program at such time, in such form and manner, and 
     containing such information and assurances as the Program may 
     require. The Program shall require any organization receiving 
     funds under this subsection to utilize the mechanisms 
     described in subsection (c)(5) to ensure the transfer of data 
     and products developed under the Plan.
       ``(3) Eligible organization.--In this subsection, the term 
     `eligible organization' means--
       ``(A) a nongovernmental researcher or organization; or
       ``(B) any other entity that applies for funding to 
     implement the State, local, and non-governmental control, 
     mitigation, and prevention strategies identified in the 
     relevant Regional Research and Action Plan.
       ``(f) Emergency Reviews.--If the Program determines that an 
     intermediate review is necessary to address emergent needs in 
     harmful algal blooms and hypoxia under a Regional Research 
     and Action Plan, it shall notify the Task Force and reconvene 
     the relevant regional panel of experts for the purpose of 
     revising the Regional Research and Action Plan so as to 
     address the emergent threat or need.''.

     SEC. 8. REPORTING.

       Section 603, as amended by section 5, is amended by adding 
     at the end thereof the following:
       ``(k) Biannual Reports.--The Program shall prepare biannual 
     reports for the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committees on 
     Science and Technology and on Natural Resources that 
     describe--
       ``(1) activities, budgets, and progress on implementing the 
     national harmful algal bloom and hypoxia program;
       ``(2) the proceedings of the annual Task Force meeting; and
       ``(3) the status, activities, and funding for 
     implementation of the Regional Research and Action Plans, 
     including a description of research funded under the program 
     and actions and outcomes of Plan response strategies carried 
     out by States.
       ``(l) Quinquennial Reports.--
       ``(1) Harmful Algal Bloom and Hypoxia Assessments.--Not 
     less than once every 5 years after the date of enactment of 
     the Harmful Algal Blooms and Hypoxia Amendments Act of 2008, 
     the Task Force shall prepare a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committees on Science and Technology and on 
     Natural Resources that--
       ``(A) describes the state of knowledge on harmful algal 
     blooms and hypoxia in marine and freshwater systems, 
     including the causes and ecological consequences;
       ``(B) describes the social and economic impacts of harmful 
     algal blooms and hypoxia and strategies for their 
     minimization and mitigation;
       ``(C) describes the human health impacts of harmful algal 
     blooms and hypoxia, including any gaps in existing research;
       ``(D) describes progress on developing technologies and 
     advancing capabilities for monitoring, forecasting, modeling, 
     control, mitigation, and prevention of harmful algal blooms 
     and hypoxia and implementation of strategies for achieving 
     these goals;
       ``(E) describes progress on, and techniques for, 
     integrating landscape- and watershed-level water quality 
     information into marine and freshwater harmful algal bloom 
     and hypoxia prevention and mitigation strategies, including 
     projects at the Federal and regional levels;
       ``(F) describes communication, outreach, and education 
     efforts to raise public awareness of harmful algal blooms and 
     hypoxia, their impacts, and the methods for mitigation and 
     prevention;
       ``(G) includes recommendations for integrating and 
     improving future national, regional, State, and local 
     policies and strategies for preventing and mitigating the 
     occurrence and impacts of harmful algal blooms and hypoxia; 
     and
       ``(H) describes impacts of harmful algal blooms and hypoxia 
     on coastal communities and a review of those communities' 
     efforts and associated economic costs related to event 
     forecasting, planning, mitigation, response, and public 
     outreach and education.
       ``(2) Public Comment.--At least 90 days before submitting 
     the report to Congress, the Secretary shall publish the draft 
     report in the Federal Register for a comment period of not 
     less than 60 days.''.

     SEC. 9. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL BLOOMS AND 
                   HYPOXIA.

       The Act, as amended by section 7, is amended by inserting 
     after section 603B the following:

     ``SEC. 603C. PILOT PROGRAM FOR FRESHWATER HARMFUL ALGAL 
                   BLOOMS AND HYPOXIA.

       ``(a) Pilot Program.--The Secretary shall establish a 
     collaborative pilot program with the Environmental Protection 
     Agency and other appropriate Federal agencies to examine 
     harmful algal blooms and hypoxia occurring in freshwater 
     systems. The pilot program shall--
       ``(1) be established in the Mississippi River Basin 
     watershed;
       ``(2) assess the issues associated with, and impacts of, 
     harful algal blooms and hypoxia in freshwater ecosystems;
       ``(3) research the efficacy of mitigation measures, 
     including measures to reduce nutrient loading; and
       ``(4) recommend potential management solutions.
       ``(b) Report.--The Secretary of Commerce, in consultation 
     with other participating Federal agencies, shall conduct an 
     assessment of the effectiveness of the pilot program in 
     improving freshwater habitat quality and publish a report, 
     available to the public, of the results of the assessment.''.

     SEC. 10. INTERAGENCY FINANCING.

       The Act is amended by inserting after section 604 the 
     following:

     ``SEC. 604A. INTERAGENCY FINANCING.

       ``The departments and agencies represented on the Task 
     Force are authorized to participate in interagency financing 
     and share, transfer, receive, obligate, and expend funds 
     appropriated to any member of the Task Force for the purposes 
     of carrying out any administrative or programmatic project or 
     activity under this Act, including support for the Program, a 
     common infrastructure, information sharing, and system 
     integration for harmful algal bloom and hypoxia research, 
     monitoring, forecasting, prevention, and control. Funds may 
     be transferred among such departments and agencies through an 
     appropriate instrument that specifies the goods, services, or 
     space being acquired from another Task Force member and the 
     costs of the same.''.

     SEC. 11. APPLICATION WITH OTHER LAWS.

       The Act is amended by inserting after section 606 the 
     following:

     ``SEC. 607. EFFECT ON OTHER FEDERAL AUTHORITY.

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

     SEC. 12. DEFINITIONS.

       (a) In General.--The Act is amended by inserting after 
     section 605 the following:

     ``SEC. 605A. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the NOAA.
       ``(2) Harmful algal bloom.--The term `harmful algal bloom' 
     means marine and freshwater phytoplankton that proliferate to 
     high concentrations, resulting in nuisance conditions or 
     harmful impacts on marine and aquatic ecosystems, coastal 
     communities, and human health through the production of toxic 
     compounds or other biological, chemical, and physical impacts 
     of the algae outbreak.

[[Page 13861]]

       ``(3) Hypoxia.--The term `hypoxia' means a condition where 
     low dissolved oxygen in aquatic systems causes stress or 
     death to resident organisms.
       ``(4) NOAA.--The term `NOAA' means the National Oceanic and 
     Atmospheric Administration.
       ``(5) Program.--The term `Program' means the integrated 
     harmful algal bloom and hypoxia program established under 
     section 603B.
       ``(6) Regional Research and Action Plan.--The term 
     `Regional Research and Action Plan' means a plan established 
     under section 603B.
       ``(7) Secretary.--The term `Secretary' means the Secretary 
     of Commerce, acting through NOAA.''.
       ``(8) Task force.--The term `Task Force' means the 
     Interagency Task Force established by section 603(a).
       ``(9) United states coastal waters.--The term `United 
     States coastal waters' includes the Great Lakes.''.
       (b) Conforming Amendment.--Section 603(a) is amended by 
     striking ``Hypoxia (hereinafter referred to as the `Task 
     force').'' and inserting ``Hypoxia.''.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       Section 605 is amended to read as follows:--

     ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to NOAA to implement the Program under this title--
       ``(1) $30,000,000 for each of fiscal years 2009 and 2010; 
     and
       ``(2) $70,000,000 for each of fiscal years 2011, 2012, and 
     2013.The Secretary shall ensure that a substantial portion of 
     funds appropriated pursuant to this subsection that are used 
     for research purposes are allocated to extramural research 
     activities.
       ``(b) Regional Research and Action Plans.--In addition to 
     any amounts appropriated pursuant to subsection (a), there 
     are authorized to be appropriated to NOAA to develop and 
     revise the Regional Research and Action Plans, $40,000,000 
     for each of fiscal years 2009 and 2010, such sums to remain 
     available until expended.
       ``(c) Pilot Program.--In addition to any amounts 
     appropriated pursuant to subsection (a), there are authorized 
     to be appropriated to NOAA such sums as may be necessary to 
     carry out the pilot program established under section 
     603C.''.

  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation that will address an ongoing problem that adversely affects 
local communities and coastal areas around my home State of Florida and 
across coastal States nationwide.
  Today, Senator Snowe and I, along with Senators Cantwell, Kerry, 
Vitter, Levin, Voinovich, Boxer, Cardin, and Mikulski, are introducing 
a bill that would reauthorize and enhance the Harmful Algal Bloom and 
Hypoxia Research and Control Act, HABHRCA, which was enacted in 1998 
and reauthorized 4 years ago. This act has enabled critical monitoring, 
forecasting, and research activities that have greatly improved our 
understanding and prediction of harmful algal blooms, nuisance blooms 
like red drift, and low-oxygen or hypoxia events that plague our 
estuaries and coastal waters.
  While the accomplishments made to date through HABHRCA are certainly 
valuable and to be commended, more work lies ahead. In Florida, harmful 
algal blooms, including red tides, and frequent red drift events 
continue to occur along our coasts.
  According to experts from Mote Marine Laboratory in Sarasota, most of 
Florida's red tides are caused by a microscopic algae called Karenia 
brevis, which creates blooms that can last for months and cover 
hundreds of square miles. What makes this organism so harmful are the 
toxins it produces. These toxins can kill fish, birds, and other marine 
animals. For humans, the toxins trigger respiratory problems, eye and 
skin irritation, and shellfish poisoning when the toxins accumulate in 
oysters and clams. When these blooms die, the decomposing algae strip 
oxygen from the water column. These hypoxic conditions deprive fish, 
manatees, and other animal species of the oxygen they need to survive.
  A particularly devastating and intense red tide struck the Florida 
gulf coast in the summer of 2005, causing widespread animal deaths and 
public health and economic problems. The St. Petersburg/Clearwater Area 
Convention and Visitors Bureau estimated upwards of $240 million in 
losses for the Tampa region as a result of this bloom.
  Scientists have told us that red tides are a lot like hurricanes 
complex but natural phenomena that can have profound impacts on our 
environment and society. Although we may not be able to stop this 
natural process, we can do more to predict it and take actions to 
minimize its impacts on our citizens and natural resources.
  While red drift algae lack the toxins associated with red tide, they 
can nonetheless cause enormous problems along Florida's beaches. We 
have had numerous red drift events in Florida over the last few years. 
In March 2007, some witnesses described clumps of red drift algae the 
size of hay bales floating on the surface of the Gulf of Mexico, and 
washing onshore from Fort Myers to Anna Maria Island. Scientists have 
also been looking into whether nutrients from the decomposing algae may 
feed subsequent blooms, keeping local waters in a terrible cycle.
  Other algal blooms are impairing waterways and causing social and 
economic problems in my state. Earlier this month, a water treatment 
plant on the Caloosahatchee River in Lee County had to be closed 
temporarily due to a bloom of blue-green algae.
  It is clear that harmful algal blooms and hypoxia events can have 
devastating impacts on water and air quality, aquatic species, 
wildlife, and beach conditions, which in turn affect public health, 
commercial and recreational fishing, tourism, and related businesses in 
our coastal communities. The question becomes, what can we do to stop 
this? If we can't stop these events, how can we better plan for them 
and take steps to minimize the impacts?
  We have learned from scientists and researchers, many of whom were 
funded by HABHRCA-authorized programs, that some harmful algal blooms 
and red drift events can be triggered by excess nutrients from upland 
areas that wash into rivers and are delivered to the coast. Because 
this problem often crosses political and geographic boundaries, we must 
pursue solutions that are regional in nature and bring together 
expertise from all levels of government, from academia, and from other 
outside groups who have a stake in keeping our coastal waters healthy, 
clean, and productive.
  Senator Snowe and I have worked together to craft a bill that will 
not only continue critical research on harmful algal blooms and 
hypoxia, but help address some of these pressing needs that exist on 
every coast--from the Atlantic and Gulf of Mexico, to the Pacific and 
the Great Lakes. Our bill will help integrate and improve coordination 
among the government's programs that study and monitor these events. 
The bill would also improve how regional, state, and local needs are 
considered when prioritizing research grants and developing related 
products. Most importantly, this bill would focus new resources on 
translating research results into tools and products that state and 
local governments can use to help prevent, respond to, and mitigate the 
impacts of these events.
  Although we have made significant progress in identifying some of the 
causes and consequences of harmful algal blooms and hypoxia since 1998, 
much work remains to find solutions that minimize the occurrence of 
these events and that enable our coastal communities to become 
resilient to the impacts. This legislation to amend and reauthorize the 
Harmful Algal Blooms and Hypoxia Act represents an important step 
toward realizing those goals.
  In closing, I would like to recognize Senator Snowe for her 
leadership on this issue. As the sponsor of both the original 
legislation in 1998 and the 2004 amendments, her expertise on harmful 
algal blooms and the impacts of these events on her constituents has 
proved invaluable as we developed the measure before us today. I look 
forward to working with Senator Snowe, in her role as ranking member of 
the Oceans, Atmosphere, Fisheries, and Coast Guard Subcommittee of the 
Commerce, Science, and Transportation Committee, as well as with 
Chairman Cantwell and the other members of our subcommittee, to debate 
this important legislation.
                                 ______
                                 
      By Mr. DURBIN:
  S. 3197. A bill to amend title 11, United States Code, to exempt for 
a limited period, from the application of the means-test presumption of 
abuse under chapter 7, qualifying members of reserve components of the 
Armed

[[Page 13862]]

Forces and members of the National Guard who, after September 11, 2001, 
are called to active duty or to perform a homeland defense activity for 
not less than 90 days; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, when our National Guard and Reserve 
members return from active duty, the last thing they should have to 
worry about is struggling to catch up on the bills. Sadly, acute 
financial challenges are often exactly what greet our bravest men and 
women when they come home.
  For those families who are struggling to make ends meet after serving 
our country, today I am introducing a bill, the National Guard and 
Reservists Debt Relief Act, that would give these families a little 
breathing room. My bill would waive the means test for entering into 
Chapter 7 bankruptcy protection for National Guard and Reserve members 
who have served since September 11, 2001. The bill would give these 
families a little more time to reorganize their finances so that they 
can get their lives back in order after serving.
  The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act 
changed the U.S. bankruptcy code to make it significantly harder for 
individuals to receive protection from their creditors via bankruptcy, 
by requiring filers to pass a means test based on an individual's 
income and expenses for the 6 month period preceding a bankruptcy 
filing.
  My bill would exempt returning Guard and Reserve members from this 
means test, both because our finest men and women deserve greater 
financial protection and because they are uniquely disadvantaged by the 
means test criteria. Despite receiving much-deserved active duty pay 
for their service, National Guard and Reserve members often take a pay 
cut when they leave their jobs for a deployment. But because the means 
test includes the past 6 months of income in its calculation, men and 
women with little current income may not qualify for bankruptcy 
protection.
  This is an issue that will become increasingly important in my home 
state of Illinois. The Illinois National Guard is preparing for the 
largest deployment of soldiers since World War II, with more than 2,700 
currently training for deployment to Afghanistan. For the men and women 
in this group who find themselves in unfortunate financial 
circumstances when they return home, particularly if our economy 
continues to slow, this bill would help by allowing these men and women 
to file for bankruptcy if they desperately need that help.
  I am pleased that the House version of this legislation, championed 
by my good friend Representative Jan Schakowsky, passed the House by 
voice vote earlier this week. I urge my Senate colleagues to support 
this bill just as strongly.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3197

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Guard and 
     Reservists Debt Relief Act of 2008''.

     SEC. 2. AMENDMENTS.

       Section 707(b)(2)(D) of title 11, United States Code, is 
     amended--
       (1) in each of clauses (i) and (ii)--
       (A) by indenting the left margins of such clauses 2 ems to 
     the right; and
       (B) by redesignating such clauses as subclauses (I) and 
     (II), respectively;
       (2) by striking ``if the debtor is a disabled veteran'' and 
     inserting the following:

     ``if--
       ``(i) the debtor is a disabled veteran'';
       (3) by striking the period at the end and inserting ``; 
     or''; and
       (4) by adding at the end the following:
       ``(ii) while--
       ``(I) the debtor is--
       ``(aa) on, and during the 540-day period beginning 
     immediately after the debtor is released from, a period of 
     active duty (as defined in section 101(d)(1) of title 10) of 
     not less than 90 days; or
       ``(bb) performing, and during the 540-day period beginning 
     immediately after the debtor is no longer performing, a 
     homeland defense activity (as defined in section 901(1) of 
     title 32) performed for a period of not less than 90 days; 
     and
       ``(II) if, after September 11, 2001, the debtor while a 
     member of a reserve component of the Armed Forces or a member 
     of the National Guard, was called to such active duty or 
     performed such homeland defense activity.''.

     SEC. 3. GAO STUDY.

       (a) Comptroller General Study.--Not later than 2 years 
     after the effective date of this Act, the Comptroller General 
     shall complete and transmit to the Speaker of the House of 
     Representatives and the President pro tempore of the Senate, 
     a study of the use and the effects of the provisions of law 
     amended (and as amended) by this Act. Such study shall 
     address, at a minimum--
       (1) whether and to what degree members of reserve 
     components of the Armed Forces and members of the National 
     Guard avail themselves of the benefits of such provisions,
       (2) whether and to what degree such members are debtors in 
     cases under title 11 of the United States Code that are 
     substantially related to service that qualifies such members 
     for the benefits of such provisions,
       (3) whether and to what degree such members are debtors in 
     cases under such title that are materially related to such 
     service, and
       (4) the effects that the use by such members of section 
     707(b)(2)(D) of such title, as amended by this Act, has on 
     the bankruptcy system, creditors, and the debt-incurrence 
     practices of such members.
       (b) Factors.--For purposes of subsection (a)--
       (1) a case shall be considered to be substantially related 
     to the service of a member of a reserve component of the 
     Armed Forces or a member of the National Guard that qualifies 
     such member for the benefits of the provisions of law amended 
     (and as amended) by this Act if more than 33 percent of the 
     aggregate amount of the debts in such case is incurred as a 
     direct or indirect result of such service,
       (2) a case shall be considered to be materially related to 
     the service of a member of a reserve component of the Armed 
     Forces or a member of the National Guard that qualifies such 
     member for the benefits of such provisions if more than 10 
     percent of the aggregate amount of the debts in such case is 
     incurred as a direct or indirect result of such service, and
       (3) the term ``effects'' means--
       (A) with respect to the bankruptcy system and creditors--
       (i) the number of cases under title 11 of the United States 
     Code in which members of reserve components of the Armed 
     Forces and members of the National Guard avail themselves of 
     the benefits of such provisions,
       (ii) the aggregate amount of debt in such cases,
       (iii) the aggregate amount of debt of such members 
     discharged in cases under chapter 7 of such title,
       (iv) the aggregate amount of debt of such members in cases 
     under chapter 7 of such title as of the time such cases are 
     converted to cases under chapter 13 of such title,
       (v) the amount of resources expended by the bankruptcy 
     courts and by the bankruptcy trustees, stated separately, in 
     cases under title 11 of the United States Code in which such 
     members avail themselves of the benefits of such provisions, 
     and
       (vi) whether and to what extent there is any indicia of 
     abuse or potential abuse of such provisions, and
       (B) with respect to debt-incurrence practices--
       (i) any increase in the average levels of debt incurred by 
     such members before, during, or after such service,
       (ii) any indicia of changes in debt-incurrence practices 
     adopted by such members in anticipation of benefitting from 
     such provisions in any potential case under such title; and
       (iii) any indicia of abuse or potential abuse of such 
     provisions reflected in the debt-incurrence of such members.

     SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

       (a) Effective Date.--Except as provided in subsection (b), 
     this Act and the amendments made by this Act shall take 
     effect 60 days after the date of enactment of this Act.
       (b) Application of Amendments.--The amendments made by this 
     Act shall apply only with respect to cases commenced under 
     title 11 of the United States Code in the 3-year period 
     beginning on the effective date of this Act.
                                 ______
                                 
      By Mr. SMITH (for himself and Mr. Dodd):
  S. 3195. A bill to provide assistance to adolescents and young adults 
with serious mental health disorders as they transition to adulthood; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. SMITH. Mr. President, I rise today with my colleague Senator Dodd 
to introduce a bill that will have a tremendous impact on millions of 
young adults in America who will suffer from mental illness in their 
lifetime. The

[[Page 13863]]

Healthy Transition Act of 2008 is an important bill and I look forward 
to its passage.
  Senator Dodd has been an ardent champion for children, and as the 
Sponsor of the Garrett Lee Smith Memorial Act in 2004 and the bill to 
reauthorize the successful grant program again last year, it has been 
an honor to work with him to ensure our Nation's youth and their mental 
health needs are not forgotten.
  I want to begin by thanking my colleague Representative Pete Stark 
for working with me on this important issue and for joining me in 
requesting a report by the Government Accountability Office,GAO last 
year on the barriers facing youth with serious mental health disorders 
as they age into adulthood. It has been a pleasure to work with him on 
drafting legislation that we will introduce today as I know he shares a 
passion for improving the lives of our children and young adults.
  This time in a young person's life is so difficult with the pressures 
of being independent, finding a first job, going to college and really 
discovering who you are. For so many of our Nation's youth this time is 
made so much more difficult by their struggle with mental illness. My 
son Garrett struggled with his transition to adulthood and in his 
ability to access the help he needed during this critical time. These 
young adults deserve our attention, our support and our compassion.
  Finally, I want to thank the many stakeholders and advocates that 
have put so much time and dedication into working with us to introduce 
this bill, the Healthy Transition Act of 2008. They include the 
National Alliance on Mental Illness, the Children's Defense Fund, the 
National Federation of Families for Children's Mental Health, the 
Bazelon Center for Mental Health Law, and the American Psychological 
Association, just to name a few.
  The findings of the GAO report that Congressman Stark and I 
requested, tells us that at least 2.4 million young adults aged 18-26 
had a mental illness in 2006. We know that this number could be greatly 
understated as it does not count young adults who are 
institutionalized, incarcerated or homeless--all of which are groups 
that are known to have higher rates of mental illness.
  These young people have such tremendous challenges that cause them to 
demonstrate lower rates of high school graduation and college 
attendance than their peers who do not suffer from mental illness. They 
also have lower propensity to find employment and remain stable in 
their communities. In my home State of Oregon, this transition-age 
population was found to be 80 percent less likely than any other 
population in the State with mental health needs to receive services.
  However, from this report, and the work innovative States are doing 
to support our young people, we know that we can do a better job of 
helping these youth. We can do better at ensuring they can remain 
stable in their communities, that they can live healthy lives, and that 
they can prosper as adults.
  The bill that Senator Dodd, Representative Stark and I are 
introducing today will support States that want to do better for our 
Nation's young adults with mental illness. As the GAO found, too often 
services are not directed at this population or young adults are shoved 
into a system that was designed for a different age group with 
different needs.
  Our bill, the Healthy Transition Act of 2008, will provide grants to 
States to first develop statewide coordination plans to assist 
adolescents and young adults with a serious mental health disorder to 
acquire the skills and resources they need to make a healthy transition 
to adulthood. After this plan has been submitted and evaluated by 
SAMHSA, States may then compete for a second round of grants to help 
them implement the plan that they have made.
  Lastly, this bill will develop a Committee of Federal Partners that 
will coordinate service programs that assist adolescents and young 
adults with mental illness at the federal level and provide technical 
assistance to States as they implement their plans. They also will 
report to Congress on their activities so that we can ensure they are 
doing their best to make sure these vulnerable young adults get the 
help and support they need.
  This is such a critical time in a person's life and I look forward to 
continuing to work with my colleagues to make sure it is as healthy and 
positive an experience as it can be. I look forward to working with my 
colleagues to ensure its passage. I urge my colleagues on both sides of 
the aisle to support the bill.
  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. 3195

       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 ``Healthy Transition Act of 
     2008''.

     SEC. 2. HEALTHY TRANSITIONING FOR YOUTH.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 520K. HEALTHY TRANSITIONING FOR YOUTH.

       ``(a) Planning Grants.--
       ``(1) In general.--The Secretary, in consultation with the 
     agencies described in subsection (c)(3), shall award grants 
     or cooperative agreements to States to develop plans for the 
     statewide coordination of services to assist adolescents and 
     young adults with a serious mental health disorder in 
     acquiring the skills, knowledge, and resources necessary to 
     ensure their healthy transition to successful adult roles and 
     responsibilities.
       ``(2) Application.--To be eligible for a grant or 
     cooperative agreement under this subsection, a State shall 
     submit to the Secretary an application, at such time, in such 
     manner, and containing such information as the Secretary may 
     require.
       ``(3) Plan.--Not later than 18 months after the receipt of 
     a grant or cooperative agreement under this subsection, a 
     State shall submit to the Secretary a State plan that shall 
     include--
       ``(A) reliable estimates on the number of adolescents and 
     young adults with serious mental health disorders in the 
     State;
       ``(B) information on the youth targeted under this Act, 
     including--
       ``(i) the number of adolescents and young adults with 
     serious mental health disorders in the State and the number 
     of such individuals who are currently being served in the 
     State;
       ``(ii) the number of such individuals who are receiving 
     mental health services provided by State agencies other than 
     the agency responsible for mental health services in the 
     State;
       ``(iii) the number of youth with serious mental health 
     disorders who are involved in the juvenile justice system in 
     the State;
       ``(iv) the number of youth with serious mental health 
     disorders who are involved in the child protection system in 
     the State;
       ``(v) the number of youth with serious mental health 
     disorders who have plans in effect under the Individuals with 
     Disabilities Education Act in the State;
       ``(vi) the number of youth with serious mental health 
     disorders who are involved in vocational rehabilitation in 
     the State;
       ``(vii) the range of ages served by the programs described 
     in clauses (i) through (vi);
       ``(viii) a description of the overall transition 
     coordination that is currently provided by the State or local 
     authorities and programs in the State;
       ``(C) an identification of the skills, knowledge, and 
     resources that adolescents and young adults with serious 
     mental health disorders in the State will need to ensure 
     their successful and healthy transition into adult roles and 
     responsibilities;
       ``(D) an identification of the obstacles that adolescents 
     and young adults with serious mental health disorders in the 
     State encounter while transitioning into adult roles and 
     responsibilities, including breaks in service or programs 
     caused by eligibility and program criteria differences 
     between the child and adult mental health systems and the 
     lack of local access to mental health and transition 
     services;
       ``(E) an identification of the current level, type, 
     quality, effectiveness, and availability of services, 
     including evidence-based practices, available in the State 
     that are uniquely designed for adolescents and young adults 
     with a serious mental health disorder to ensure a healthy 
     transition to successful adult roles and responsibilities;
       ``(F) an identification of adolescents and young adults 
     with a serious emotional disorder who have a low likelihood 
     of a healthy and successful transition due to the severity of 
     their illness, and an identification of how the State will 
     provide treatment and other support services to this 
     population;
       ``(G) an analyses of the strengths, weaknesses, and gaps of 
     the current system in the

[[Page 13864]]

     State, including the availability of lack of mental health 
     professionals trained to treat adolescents and young adults 
     with a serious mental health disorder, as well as barriers, 
     to address the needs of adolescents and young adults with a 
     serious mental health disorder with an appropriate array of 
     effective services and supports;
       ``(H) a description of how the State will improve the 
     system of care to ensure successful and healthy transitions;
       ``(I) a description of how the State will coordinate the 
     services of State and non-State agencies that serve 
     adolescents and young adults with a serious mental health 
     disorder;
       ``(J) a description of how the State will provide a system 
     of coordinated service delivery under the grant or 
     cooperative agreement that will address the effective 
     services, supports, and unique needs of adolescents and young 
     adults with a serious mental disorder, including those who 
     have been placed in out of home settings such as the juvenile 
     justice system or those who are or were involved in the child 
     protection systems;
       ``(K) a description of how the State will coordinate 
     efforts under the grant or cooperative agreement with 
     existing services and systems in the State that focus on life 
     skills necessary for a healthy transition including health, 
     employment and pre-employment training, transportation, 
     housing, recreation, mental health services, substance abuse, 
     vocational rehabilitation services for persons with 
     disabilities, and training for adolescents, young adults and 
     adults, consumers and their families;
       ``(L) a description of how the State will work to build 
     workforce capacity to serve the population described in 
     subparagraph (J);
       ``(M) a description of how the State will reach out to the 
     target population pre-transition, during transition, and 
     post-transition;
       ``(N) a description of how the State is currently utilizing 
     and leveraging (and how the State will use and leverage) 
     Federal funding streams to care for the target population, 
     including funding through Medicaid, the Department of Housing 
     and Urban Development, the Department of Labor though 
     supported employment, the Early and Periodic Screening, 
     Diagnosis, and Treatment Program, and other programs, and 
     including an outline of the barriers the State faces in 
     making Federal funding flow to the targeted population in a 
     coordinated manner;
       ``(O) a description of how the State will involve 
     adolescents and young adults with serious mental health 
     disorders and their families and guardians in the service 
     design, planning, and implementation of the plan under the 
     grant or cooperative agreement;
       ``(P) an implementation subplan that shall be designed to 
     recognize the challenges of implementing a program between 
     communities at a statewide level and how the State will 
     overcome those challenges;
       ``(Q) a description of how the State plans to evaluate 
     outcomes under the program funded under the grant or 
     cooperative agreement;
       ``(R) a designation of the State office that will be the 
     lead agency responsible for administering the program under 
     the grant or cooperative agreement;
       ``(S) a description of how the State will ensure that the 
     activities planned under the grant or cooperative agreement 
     will remain sustainable at the end of the cycle of Federal 
     funding under this section; and
       ``(T) any other information determined appropriate by the 
     Secretary.
       ``(4) Duration of support.--The duration of a grant or 
     cooperative agreement under this subsection shall not exceed 
     2 fiscal years.
       ``(5) Technical assistance.--The Secretary shall provide 
     technical assistance and training in the development of the 
     plan under paragraph (3), including convening a meeting of 
     potential applicants for grants or cooperative agreement 
     under this subsection.
       ``(6) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to carry out this subsection, $6,000,000 for fiscal year 
     2009, and such sums as may be necessary for each of fiscal 
     years 2010 through 2013.
       ``(B) Technical assistance.--The Secretary shall make 
     available 15 percent of the amount appropriated under 
     subparagraph (A) in each fiscal year for technical assistance 
     under paragraph (5)
       ``(b) Implementation Grants.--
       ``(1) In general.--The Secretary shall award grants or 
     cooperative agreement to eligible States for the coordination 
     of services to assist adolescents and young adults with 
     serious mental health disorders in acquiring the services, 
     skills, and knowledge necessary to ensure their healthy 
     transition to successful adult roles and responsibilities.
       ``(2) Eligibility.--To be eligible for a grant or 
     cooperative agreement under paragraph (1), a State shall--
       ``(A) be a State that has received a grant or cooperative 
     agreement under subsection (a) and submitted a plan that 
     meets the requirements of paragraph (3) of such subsection; 
     or
       ``(B) be a State that has not received such a grant or 
     cooperative agreement but that has a plan that is equivalent 
     to the plan required under subsection (a)(3).
       ``(3) Application.--To be eligible for a grant or 
     cooperative agreement under this subsection, a State shall 
     submit to the Secretary an application, at such time, in such 
     manner, and containing such information as the Secretary 
     requires, including--
       ``(A) a copy of the plan submitted under subsection (a)(3), 
     or in the case of a State described in paragraph (2)(B), a 
     plan that is equivalent to the plan required under subsection 
     (a)(3);
       ``(B) a list of the State agencies that will participate in 
     the program to be funded under the grant or cooperative 
     agreement along with written verification as to the 
     commitment of such agencies to the program;
       ``(C) an assurance that the State will develop a 
     coordinating committee composed of representatives of the 
     participating State agencies, as well as consumers and 
     families of consumers;
       ``(D) a description of the role of such coordinating 
     committee; and
       ``(E) the names of at least two local communities that will 
     implement the program at the local level and how those 
     communities will implement the State plan.
       ``(4) Use of funds.--Funds provided under a grant or 
     cooperative agreement under this subsection shall be used to 
     implement the State plan, including--
       ``(A) facilitating a youth ombudsman or other advocacy 
     program;
       ``(B) facilitating peer support programs and networks 
     within the State;
       ``(C) facilitating access to independent living and life 
     skills supports;
       ``(D) developing infrastructure to support access to 
     necessary health, mental health, employment, education, and 
     housing supports; and
       ``(E) facilitating the training of support providers and 
     workforce capacity to serve the target population.
       ``(5) Duration of support.--The duration of a grant or 
     cooperative agreement under this subsection shall not exceed 
     5 fiscal years.
       ``(6) Matching requirement.--
       ``(A) In general.--To be eligible for a grant or 
     cooperative agreement under this subsection, the State shall 
     agree that, with respect to the costs to be incurred by the 
     State in carrying out activities under the grant or 
     cooperative agreement, the State will make available 
     (directly or through donations from public or private 
     entities) non-Federal contributions toward such costs in an 
     amount that--
       ``(i) for the first fiscal year for which the State 
     receives payments under the grant or cooperative agreement, 
     is not less than $1 for each $3 of Federal funds provided 
     under the grant or cooperative agreement;
       ``(ii) for any second or third such fiscal year, is not 
     less than $1 for each $2 of Federal funds provided under the 
     grant or cooperative agreement;
       ``(iii) for any fourth such fiscal year, is not less than 
     $1 for each $1 of Federal funds provided under the grant or 
     cooperative agreement; and
       ``(iv) for any fifth such fiscal year, is not less than $2 
     for each $1 of Federal funds provided under the grant or 
     cooperative agreement.
       ``(B) Determination of amount contributed.--
       ``(i) In general.--Non-Federal contributions required under 
     subparagraph (A) may be in cash or in kind, fairly evaluated, 
     including plant, equipment, or services. Amounts provided by 
     the Federal Government, or services assisted or subsidized to 
     any significant extent by the Federal Government, may not be 
     included in determining the amount of such non-Federal 
     contributions.
       ``(ii) Non-federal contributions.--In making a 
     determination of the amount of non-Federal contributions for 
     purposes of clause (i), the Secretary may include only non-
     Federal contributions in excess of the average amount of non-
     Federal contributions made by the State involved toward the 
     purpose of the grant or cooperative agreement under this 
     subsection for the 2-year period preceding the first fiscal 
     year for which the State receives a grant or cooperative 
     agreement under such subsection.
       ``(7) Technical assistance.--The Secretary shall provide 
     technical assistance and training to recipients of grants or 
     cooperative agreements under this subsection, including 
     convening meetings each year to identify ways of improving 
     State programs. Such meetings shall include the members of 
     the Federal Partners Committee under subsection (c).
       ``(8) Evaluation.--The Secretary shall carry out a cross-
     site evaluation that--
       ``(A) reports on current State efforts to transition the 
     population involved prior to the implementation of the State 
     plans under this section; and
       ``(B) evaluates the program carried out by the State under 
     this section to determine the effectiveness of such program 
     in meeting its goals and objectives as compared with current 
     approaches.
       ``(9) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to carry out this subsection, $6,000,000 for each of fiscal 
     years 2009 and 2010, $15,000,000 for fiscal year 2011, 
     $20,000,000 for fiscal year 2012, and $25,000,000 for fiscal 
     year 2013.
       ``(B) Technical assistance and evaluation.--The Secretary 
     shall make available 15

[[Page 13865]]

     percent of the amount appropriated under subparagraph (A), or 
     $2,000,000 whichever is greater, in each fiscal year for 
     technical assistance under paragraph (7) and the evaluation 
     under paragraph (8).
       ``(c) Federal Partners.--
       ``(1) In general.--The Secretary shall designate an 
     existing Federal entity, or establish a Committee of Federal 
     Partners, to coordinate service programs to assist 
     adolescents and young adults with serious mental health 
     disorders in acquiring the knowledge and skills necessary for 
     them to transition into adult roles and responsibilities.
       ``(2) Existing federal entity.--If the Secretary elects to 
     utilize an existing Federal entity under paragraph (1), the 
     Secretary shall ensure that--
       ``(A) such entity is comprised of representatives of at 
     least the agencies described in paragraph (3); and
       ``(B) such entity shall give special attention to the 
     knowledge and skills needed by adolescents and young adults 
     with mental health disorders in coordinating the programs 
     funded under this section.
       ``(3) Membership.--A Federal entity utilized under this 
     subsection, or a committee established under paragraph (1), 
     shall include representatives of--
       ``(A) the Department of Education (or any subagency of the 
     Department);
       ``(B) the Department of Health and Human Services (or any 
     subagency of the Department);
       ``(C) the Department of Labor (or any subagency of the 
     Department);
       ``(D) the Department of Transportation (or any subagency of 
     the Department);
       ``(E) the Department of Housing and Urban Development (or 
     any subagency of the Department);
       ``(F) the Department of Interior (or any subagency of the 
     Department);
       ``(G) the Department of Justice (or any subagency of the 
     Department);
       ``(H) the Social Security Administration;
       ``(I) an organization representing consumers and families 
     of consumers as designated by the Secretary; and
       ``(J) an organization representing mental health and 
     behavioral health professionals as designated by the 
     Secretary.
       ``(4) Role of entity or committee.--The Federal entity or 
     committee designated or established under paragraph (1) shall 
     review how Federal programs and efforts that address issues 
     related to the transition of adolescents and young adults 
     with serious mental health disorders may be coordinated to 
     ensure the maximum benefit for the individuals being served 
     and to provide technical assistance to the States who are 
     planning or implementing programs under this section.
       ``(5) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Federal entity or committee 
     designated or established under paragraph (1) shall submit to 
     the appropriate committees of Congress, and make available to 
     the general public, a report concerning the participation of 
     Federal agencies and stakeholders in the planning and 
     operations of the entity or committee. Such report shall also 
     contain a description of the status of the efforts of such 
     entity or committee in coordinating Federal efforts on behalf 
     of the target population.
       ``(6) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $1,000,000 for fiscal year 2009, and such sums as may be 
     necessary for each of fiscal years 2010 through 2013.
       ``(d) Definition.--In this section, the term `serious 
     mental health disorder' has the meaning given the term 
     `serious mental illness' by the Administrator for purposes of 
     this title.''.

                          ____________________