[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[Senate]
[Pages 21739-21764]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 5645. Mr. REID (for Mr. Kyl) proposed an amendment to the bill S. 
3296, to extend the authority of the United States Supreme Court Police 
to protect court officials off the Supreme Court Grounds and change the 
title of the Administrative Assistant to the Chief Justice; as follows:

       At the end of the bill, add the following:

     SEC. 2. LIMITATION ON ACCEPTANCE OF HONORARY CLUB 
                   MEMBERSHIPS.

       (a) Definitions.--In this section:
       (1) Gift.--The term ``gift'' has the meaning given under 
     section 109(5) of the Ethics in Government Act of 1978 (5 
     U.S.C. App.).
       (2) Judicial officer.--The term ``judicial officer'' has 
     the meaning given under section 109(10) of the Ethics in 
     Government Act of 1978 (5 U.S.C. App.).
       (b) Prohibition on Acceptance of Honorary Club 
     Memberships.--A judicial officer may not accept a gift of an 
     honorary club membership with a value of more than $50 in any 
     calendar year.
                                 ______
                                 
  SA 5646. Mr. REID (for Mr. Biden) proposed an amendment to the bill 
H.R. 5057, to reauthorize the Debbie Smith DNA Backlog Grant Program, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Debbie Smith Reauthorization 
     Act of 2008''.

     SEC. 2. GENERAL REAUTHORIZATION.

       Section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135) is amended--
       (1) in subsection (c)(3), by--
       (A) striking subparagraphs (A) through (D);
       (B) redesignating subparagraph (E) and subparagraph (A); 
     and
       (C) inserting at the end the following:
       ``(B) For each of the fiscal years 2010 through 2014, not 
     less than 40 percent of the grant amounts shall be awarded 
     for purposes under subsection (a)(2).''; and
       (2) by amending subsection (j) to read as follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Attorney General for 
     grants under subsection (a) $151,000,000 for each of fiscal 
     years 2009 through 2014.''.

     SEC. 3. TRAINING AND EDUCATION.

       Section 303(b) of the DNA Sexual Assault Justice Act of 
     2004 (42 U.S.C. 14136(b)) is amended by striking ``2005 
     through 2009'' and inserting ``2009 through 2014''.

     SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.

       Section 304(c) of the DNA Sexual Assault Justice Act of 
     2004 (42 U.S.C. 14136a(c)) is amended by striking ``2005 
     through 2009'' and inserting ``2009 through 2014''.
                                 ______
                                 
  SA 5647. Mr. NELSON of Florida (for Mr. Dorgan) proposed an amendment 
to the bill H.R. 2786, to reauthorize the programs for housing 
assistance for Native Americans; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Housing Assistance and Self-Determination 
     Reauthorization Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities 
              program.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

Sec. 301. Allocation formula.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

Sec. 501. Effect on Home Investment Partnerships Act.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

Sec. 601. Demonstration program for guaranteed loans to finance tribal 
              community and economic development activities.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Limitation on use for Cherokee Nation.
Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different 
              sizes.

     SEC. 2. CONGRESSIONAL FINDINGS.

       Section 2 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4101) is amended in 
     paragraphs (6) and (7) by striking ``should'' each place it 
     appears and inserting ``shall''.

     SEC. 3. DEFINITIONS.

       Section 4 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4103) is amended--
       (1) by striking paragraph (22);
       (2) by redesignating paragraphs (8) through (21) as 
     paragraphs (9) through (22), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) Housing related community development.--
       ``(A) In general.--The term `housing related community 
     development' means any facility, community building, 
     business, activity, or infrastructure that--
       ``(i) is owned by an Indian tribe or a tribally designated 
     housing entity;
       ``(ii) is necessary to the provision of housing in an 
     Indian area; and
       ``(iii)(I) would help an Indian tribe or tribally 
     designated housing entity to reduce the cost of construction 
     of Indian housing;
       ``(II) would make housing more affordable, accessible, or 
     practicable in an Indian area; or
       ``(III) would otherwise advance the purposes of this Act.
       ``(B) Exclusion.--The term `housing and community 
     development' does not include any activity conducted by any 
     Indian tribe under the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.).''.

              TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS

     SEC. 101. BLOCK GRANTS.

       Section 101 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4111) is amended--
       (1) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``For each'' and inserting the following:
       ``(1) In general.--For each'';
       (ii) by striking ``tribes to carry out affordable housing 
     activities.'' and inserting the following: ``tribes--
       ``(A) to carry out affordable housing activities under 
     subtitle A of title II; and''; and
       (iii) by adding at the end the following:
       ``(B) to carry out self-determined housing activities for 
     tribal communities programs under subtitle B of that 
     title.''; and
       (B) in the second sentence, by striking ``Under'' and 
     inserting the following:
       ``(2) Provision of amounts.--Under'';
       (2) in subsection (g), by inserting ``of this section and 
     subtitle B of title II'' after ``subsection (h)''; and
       (3) by adding at the end the following:
       ``(j) Federal Supply Sources.--For purposes of section 501 
     of title 40, United States Code, on election by the 
     applicable Indian tribe--
       ``(1) each Indian tribe or tribally designated housing 
     entity shall be considered to be an Executive agency in 
     carrying out any program, service, or other activity under 
     this Act; and

[[Page 21740]]

       ``(2) each Indian tribe or tribally designated housing 
     entity and each employee of the Indian tribe or tribally 
     designated housing entity shall have access to sources of 
     supply on the same basis as employees of an Executive agency.
       ``(k) Tribal Preference in Employment and Contracting.--
     Notwithstanding any other provision of law, with respect to 
     any grant (or portion of a grant) made on behalf of an Indian 
     tribe under this Act that is intended to benefit 1 Indian 
     tribe, the tribal employment and contract preference laws 
     (including regulations and tribal ordinances) adopted by the 
     Indian tribe that receives the benefit shall apply with 
     respect to the administration of the grant (or portion of a 
     grant).''.

     SEC. 102. INDIAN HOUSING PLANS.

       Section 102 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4112) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``(1)(A) for'' and all that follows through 
     the end of subparagraph (A) and inserting the following:
       ``(1)(A) for an Indian tribe to submit to the Secretary, by 
     not later than 75 days before the beginning of each tribal 
     program year, a 1-year housing plan for the Indian tribe; 
     or''; and
       (B) in subparagraph (B), by striking ``subsection (d)'' and 
     inserting ``subsection (c)'';
       (2) by striking subsections (b) and (c) and inserting the 
     following:
       ``(b) 1-Year Plan Requirement.--
       ``(1) In general.--A housing plan of an Indian tribe under 
     this section shall--
       ``(A) be in such form as the Secretary may prescribe; and
       ``(B) contain the information described in paragraph (2).
       ``(2) Required information.--A housing plan shall include 
     the following information with respect to the tribal program 
     year for which assistance under this Act is made available:
       ``(A) Description of planned activities.--A statement of 
     planned activities, including--
       ``(i) the types of household to receive assistance;
       ``(ii) the types and levels of assistance to be provided;
       ``(iii) the number of units planned to be produced;
       ``(iv)(I) a description of any housing to be demolished or 
     disposed of;
       ``(II) a timetable for the demolition or disposition; and
       ``(III) any other information required by the Secretary 
     with respect to the demolition or disposition;
       ``(v) a description of the manner in which the recipient 
     will protect and maintain the viability of housing owned and 
     operated by the recipient that was developed under a contract 
     between the Secretary and an Indian housing authority 
     pursuant to the United States Housing Act of 1937 (42 U.S.C. 
     1437 et seq.); and
       ``(vi) outcomes anticipated to be achieved by the 
     recipient.
       ``(B) Statement of needs.--A statement of the housing needs 
     of the low-income Indian families residing in the 
     jurisdiction of the Indian tribe, and the means by which 
     those needs will be addressed during the applicable period, 
     including--
       ``(i) a description of the estimated housing needs and the 
     need for assistance for the low-income Indian families in the 
     jurisdiction, including a description of the manner in which 
     the geographical distribution of assistance is consistent 
     with the geographical needs and needs for various categories 
     of housing assistance; and
       ``(ii) a description of the estimated housing needs for all 
     Indian families in the jurisdiction.
       ``(C) Financial resources.--An operating budget for the 
     recipient, in such form as the Secretary may prescribe, that 
     includes--
       ``(i) an identification and description of the financial 
     resources reasonably available to the recipient to carry out 
     the purposes of this Act, including an explanation of the 
     manner in which amounts made available will leverage 
     additional resources; and
       ``(ii) the uses to which those resources will be committed, 
     including eligible and required affordable housing activities 
     under title II and administrative expenses.
       ``(D) Certification of compliance.--Evidence of compliance 
     with the requirements of this Act, including, as 
     appropriate--
       ``(i) a certification that, in carrying out this Act, the 
     recipient will comply with the applicable provisions of title 
     II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) 
     and other applicable Federal laws and regulations;
       ``(ii) a certification that the recipient will maintain 
     adequate insurance coverage for housing units that are owned 
     and operated or assisted with grant amounts provided under 
     this Act, in compliance with such requirements as the 
     Secretary may establish;
       ``(iii) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing the eligibility, admission, and occupancy of 
     families for housing assisted with grant amounts provided 
     under this Act;
       ``(iv) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing rents and homebuyer payments charged, including the 
     methods by which the rents or homebuyer payments are 
     determined, for housing assisted with grant amounts provided 
     under this Act;
       ``(v) a certification that policies are in effect and are 
     available for review by the Secretary and the public 
     governing the management and maintenance of housing assisted 
     with grant amounts provided under this Act; and
       ``(vi) a certification that the recipient will comply with 
     section 104(b).'';
       (3) by redesignating subsections (d) through (f) as 
     subsections (c) through (e), respectively; and
       (4) in subsection (d) (as redesignated by paragraph (3)), 
     by striking ``subsection (d)'' and inserting ``subsection 
     (c)''.

     SEC. 103. REVIEW OF PLANS.

       Section 103 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4113) is amended--
       (1) in subsection (d)--
       (A) in the first sentence--
       (i) by striking ``fiscal'' each place it appears and 
     inserting ``tribal program''; and
       (ii) by striking ``(with respect to'' and all that follows 
     through ``section 102(c))''; and
       (B) by striking the second sentence; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Self-Determined Activities Program.--Notwithstanding 
     any other provision of this section, the Secretary--
       ``(1) shall review the information included in an Indian 
     housing plan pursuant to subsections (b)(4) and (c)(7) only 
     to determine whether the information is included for purposes 
     of compliance with the requirement under section 232(b)(2); 
     and
       ``(2) may not approve or disapprove an Indian housing plan 
     based on the content of the particular benefits, activities, 
     or results included pursuant to subsections (b)(4) and 
     (c)(7).''.

     SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.

       Section 104(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is 
     amended by adding at the end the following:
       ``(4) Exclusion from program income of regular developer's 
     fees for low-income housing tax credit projects.--
     Notwithstanding any other provision of this Act, any income 
     derived from a regular and customary developer's fee for any 
     project that receives a low-income housing tax credit under 
     section 42 of the Internal Revenue Code of 1986, and that is 
     initially funded using a grant provided under this Act, shall 
     not be considered to be program income if the developer's fee 
     is approved by the State housing credit agency.''.

     SEC. 105. REGULATIONS.

       Section 106(b)(2) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is 
     amended--
       (1) in subparagraph (B)(i), by striking ``The Secretary'' 
     and inserting ``Not later than 180 days after the date of 
     enactment of the Native American Housing Assistance and Self-
     Determination Reauthorization Act of 2008 and any other Act 
     to reauthorize this Act, the Secretary''; and
       (2) by adding at the end the following:
       ``(C) Subsequent negotiated rulemaking.--The Secretary 
     shall--
       ``(i) initiate a negotiated rulemaking in accordance with 
     this section by not later than 90 days after the date of 
     enactment of the Native American Housing Assistance and Self-
     Determination Reauthorization Act of 2008 and any other Act 
     to reauthorize this Act; and
       ``(ii) promulgate regulations pursuant to this section by 
     not later than 2 years after the date of enactment of the 
     Native American Housing Assistance and Self-Determination 
     Reauthorization Act of 2008 and any other Act to reauthorize 
     this Act.
       ``(D) Review.--Not less frequently than once every 7 years, 
     the Secretary, in consultation with Indian tribes, shall 
     review the regulations promulgated pursuant to this section 
     in effect on the date on which the review is conducted.''.

                TITLE II--AFFORDABLE HOUSING ACTIVITIES

     SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.

       Section 201(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is 
     amended--
       (1) in paragraph (1), by inserting ``and except with 
     respect to loan guarantees under the demonstration program 
     under title VI,'' after ``paragraphs (2) and (4),'';
       (2) in paragraph (2)--
       (A) by striking the first sentence and inserting the 
     following:
       ``(A) Exception to requirement.--Notwithstanding paragraph 
     (1), a recipient may provide housing or housing assistance 
     through affordable housing activities for which a grant is 
     provided under this Act to any family that is not a low-
     income family, to the extent that the Secretary approves the 
     activities due to a need for housing for those families that 
     cannot reasonably be met without that assistance.''; and
       (B) in the second sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(B) Limits.--The Secretary'';

[[Page 21741]]

       (3) in paragraph (3)--
       (A) in the paragraph heading, by striking ``Non-indian'' 
     and inserting ``Essential''; and
       (B) by striking ``non-Indian family'' and inserting 
     ``family''; and
       (4) in paragraph (4)(A)(i), by inserting ``or other unit of 
     local government,'' after ``county,''.

     SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.

       Section 202 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4132) is amended--
       (1) in the matter preceding paragraph (1), by striking ``to 
     develop or to support'' and inserting ``to develop, operate, 
     maintain, or support'';
       (2) in paragraph (2)--
       (A) by striking ``development of utilities'' and inserting 
     ``development and rehabilitation of utilities, necessary 
     infrastructure,''; and
       (B) by inserting ``mold remediation,'' after ``energy 
     efficiency,'';
       (3) in paragraph (4), by inserting ``the costs of operation 
     and maintenance of units developed with funds provided under 
     this Act,'' after ``rental assistance,''; and
       (4) by adding at the end the following:
       ``(9) Reserve accounts.--
       ``(A) In general.--Subject to subparagraph (B), the deposit 
     of amounts, including grant amounts under section 101, in a 
     reserve account established for an Indian tribe only for the 
     purpose of accumulating amounts for administration and 
     planning relating to affordable housing activities under this 
     section, in accordance with the Indian housing plan of the 
     Indian tribe.
       ``(B) Maximum amount.--A reserve account established under 
     subparagraph (A) shall consist of not more than an amount 
     equal to \1/4\ of the 5-year average of the annual amount 
     used by a recipient for administration and planning under 
     paragraph (2).''.

     SEC. 203. PROGRAM REQUIREMENTS.

       Section 203 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by 
     adding at the end the following:
       ``(f) Use of Grant Amounts Over Extended Periods.--
       ``(1) In general.--To the extent that the Indian housing 
     plan for an Indian tribe provides for the use of amounts of a 
     grant under section 101 for a period of more than 1 fiscal 
     year, or for affordable housing activities for which the 
     amounts will be committed for use or expended during a 
     subsequent fiscal year, the Secretary shall not require those 
     amounts to be used or committed for use at any time earlier 
     than otherwise provided for in the Indian housing plan.
       ``(2) Carryover.--Any amount of a grant provided to an 
     Indian tribe under section 101 for a fiscal year that is not 
     used by the Indian tribe during that fiscal year may be used 
     by the Indian tribe during any subsequent fiscal year.
       ``(g) De Minimis Exemption for Procurement of Goods and 
     Services.--Notwithstanding any other provision of law, a 
     recipient shall not be required to act in accordance with any 
     otherwise applicable competitive procurement rule or 
     procedure with respect to the procurement, using a grant 
     provided under this Act, of goods and services the value of 
     which is less than $5,000.''.

     SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.

       Section 205 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by 
     adding at the end the following:
       ``(c) Applicability.--The provisions of paragraph (2) of 
     subsection (a) regarding binding commitments for the 
     remaining useful life of property shall not apply to a family 
     or household member who subsequently takes ownership of a 
     homeownership unit.''.

     SEC. 205. AVAILABILITY OF RECORDS.

       Section 208(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is 
     amended by inserting ``applicants for employment, and of'' 
     after ``records of''.

     SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL 
                   COMMUNITIES PROGRAM.

       (a) Establishment of Program.--Title II of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4131 et seq.) is amended--
       (1) by inserting after the title designation and heading 
     the following:

              ``Subtitle A--General Block Grant Program'';

     and
       (2) by adding at the end the following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

     ``SEC. 231. PURPOSE.

       ``The purpose of this subtitle is to establish a program 
     for self-determined housing activities for the tribal 
     communities to provide Indian tribes with the flexibility to 
     use a portion of the grant amounts under section 101 for the 
     Indian tribe in manners that are wholly self-determined by 
     the Indian tribe for housing activities involving 
     construction, acquisition, rehabilitation, or infrastructure 
     relating to housing activities or housing that will benefit 
     the community served by the Indian tribe.

     ``SEC. 232. PROGRAM AUTHORITY.

       ``(a) Definition of Qualifying Indian Tribe.--In this 
     section, the term `qualifying Indian tribe' means, with 
     respect to a fiscal year, an Indian tribe or tribally 
     designated housing entity--
       ``(1) to or on behalf of which a grant is made under 
     section 101;
       ``(2) that has complied with the requirements of section 
     102(b)(6); and
       ``(3) that, during the preceding 3-fiscal-year period, has 
     no unresolved significant and material audit findings or 
     exceptions, as demonstrated in--
       ``(A) the annual audits of that period completed under 
     chapter 75 of title 31, United States Code (commonly known as 
     the `Single Audit Act'); or
       ``(B) an independent financial audit prepared in accordance 
     with generally accepted auditing principles.
       ``(b) Authority.--Under the program under this subtitle, 
     for each of fiscal years 2009 through 2013, the recipient for 
     each qualifying Indian tribe may use the amounts specified in 
     subsection (c) in accordance with this subtitle.
       ``(c) Amounts.--With respect to a fiscal year and a 
     recipient, the amounts referred to in subsection (b) are 
     amounts from any grant provided under section 101 to the 
     recipient for the fiscal year, as determined by the 
     recipient, but in no case exceeding the lesser of--
       ``(1) an amount equal to 20 percent of the total grant 
     amount for the recipient for that fiscal year; and
       ``(2) $2,000,000.

     ``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.

       ``(a) Eligible Housing Activities.--Any amounts made 
     available for use under this subtitle by a recipient for an 
     Indian tribe shall be used only for housing activities, as 
     selected at the discretion of the recipient and described in 
     the Indian housing plan for the Indian tribe pursuant to 
     section 102(b)(6), for the construction, acquisition, or 
     rehabilitation of housing or infrastructure in accordance 
     with section 202 to provide a benefit to families described 
     in section 201(b)(1).
       ``(b) Prohibition on Certain Activities.--Amounts made 
     available for use under this subtitle may not be used for 
     commercial or economic development.

     ``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.

       ``(a) In General.--Except as otherwise specifically 
     provided in this Act, title I, subtitle A of title II, and 
     titles III through VIII shall not apply to--
       ``(1) the program under this subtitle; or
       ``(2) amounts made available in accordance with this 
     subtitle.
       ``(b) Applicable Provisions.--The following provisions of 
     titles I through VIII shall apply to the program under this 
     subtitle and amounts made available in accordance with this 
     subtitle:
       ``(1) Section 101(c) (relating to local cooperation 
     agreements).
       ``(2) Subsections (d) and (e) of section 101 (relating to 
     tax exemption).
       ``(3) Section 101(j) (relating to Federal supply sources).
       ``(4) Section 101(k) (relating to tribal preference in 
     employment and contracting).
       ``(5) Section 102(b)(4) (relating to certification of 
     compliance).
       ``(6) Section 104 (relating to treatment of program income 
     and labor standards).
       ``(7) Section 105 (relating to environmental review).
       ``(8) Section 201(b) (relating to eligible families).
       ``(9) Section 203(c) (relating to insurance coverage).
       ``(10) Section 203(g) (relating to a de minimis exemption 
     for procurement of goods and services).
       ``(11) Section 206 (relating to treatment of funds).
       ``(12) Section 209 (relating to noncompliance with 
     affordable housing requirement).
       ``(13) Section 401 (relating to remedies for 
     noncompliance).
       ``(14) Section 408 (relating to public availability of 
     information).
       ``(15) Section 702 (relating to 50-year leasehold interests 
     in trust or restricted lands for housing purposes).

     ``SEC. 235. REVIEW AND REPORT.

       ``(a) Review.--During calendar year 2011, the Secretary 
     shall conduct a review of the results achieved by the program 
     under this subtitle to determine--
       ``(1) the housing constructed, acquired, or rehabilitated 
     under the program;
       ``(2) the effects of the housing described in paragraph (1) 
     on costs to low-income families of affordable housing;
       ``(3) the effectiveness of each recipient in achieving the 
     results intended to be achieved, as described in the Indian 
     housing plan for the Indian tribe; and
       ``(4) the need for, and effectiveness of, extending the 
     duration of the program and increasing the amount of grants 
     under section 101 that may be used under the program.
       ``(b) Report.--Not later than December 31, 2011, the 
     Secretary shall submit to Congress a report describing the 
     information obtained pursuant to the review under subsection 
     (a) (including any conclusions and recommendations of the 
     Secretary with respect to the program under this subtitle), 
     including--
       ``(1) recommendations regarding extension of the program 
     for subsequent fiscal years

[[Page 21742]]

     and increasing the amounts under section 232(c) that may be 
     used under the program; and
       ``(2) recommendations for--
       ``(A)(i) specific Indian tribes or recipients that should 
     be prohibited from participating in the program for failure 
     to achieve results; and
       ``(ii) the period for which such a prohibition should 
     remain in effect; or
       ``(B) standards and procedures by which Indian tribes or 
     recipients may be prohibited from participating in the 
     program for failure to achieve results.
       ``(c) Provision of Information to Secretary.--
     Notwithstanding any other provision of this Act, recipients 
     participating in the program under this subtitle shall 
     provide such information to the Secretary as the Secretary 
     may request, in sufficient detail and in a timely manner 
     sufficient to ensure that the review and report required by 
     this section is accomplished in a timely manner.''.
       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended--
       (1) by inserting after the item for title II the following:

              ``Subtitle A--General Block Grant Program'';

       (2) by inserting after the item for section 205 the 
     following:

``Sec. 206. Treatment of funds.'';

     and
       (3) by inserting before the item for title III the 
     following:

``Subtitle B--Self-Determined Housing Activities for Tribal Communities

``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.

                 TITLE III--ALLOCATION OF GRANT AMOUNTS

     SEC. 301. ALLOCATION FORMULA.

       Section 302 of the Native American Housing Assistance and 
     Self-Determination Act of 1996 (25 U.S.C. 4152) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Study of need data.--
       ``(A) In general.--The Secretary shall enter into a 
     contract with an organization with expertise in housing and 
     other demographic data collection methodologies under which 
     the organization, in consultation with Indian tribes and 
     Indian organizations, shall--
       ``(i) assess existing data sources, including alternatives 
     to the decennial census, for use in evaluating the factors 
     for determination of need described in subsection (b); and
       ``(ii) develop and recommend methodologies for collecting 
     data on any of those factors, including formula area, in any 
     case in which existing data is determined to be insufficient 
     or inadequate, or fails to satisfy the requirements of this 
     Act.
       ``(B) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section, to remain available until 
     expended.''; and
       (2) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1)(A) The number of low-income housing dwelling units 
     developed under the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.), pursuant to a contract between an 
     Indian housing authority for the tribe and the Secretary, 
     that are owned or operated by a recipient on the October 1 of 
     the calendar year immediately preceding the year for which 
     funds are provided, subject to the condition that such a unit 
     shall not be considered to be a low-income housing dwelling 
     unit for purposes of this section if--
       ``(i) the recipient ceases to possess the legal right to 
     own, operate, or maintain the unit; or
       ``(ii) the unit is lost to the recipient by conveyance, 
     demolition, or other means.
       ``(B) If the unit is a homeownership unit not conveyed 
     within 25 years from the date of full availability, the 
     recipient shall not be considered to have lost the legal 
     right to own, operate, or maintain the unit if the unit has 
     not been conveyed to the homebuyer for reasons beyond the 
     control of the recipient.
       ``(C) If the unit is demolished and the recipient rebuilds 
     the unit within 1 year of demolition of the unit, the unit 
     may continue to be considered a low-income housing dwelling 
     unit for the purpose of this paragraph.
       ``(D) In this paragraph, the term `reasons beyond the 
     control of the recipient' means, after making reasonable 
     efforts, there remain--
       ``(i) delays in obtaining or the absence of title status 
     reports;
       ``(ii) incorrect or inadequate legal descriptions or other 
     legal documentation necessary for conveyance;
       ``(iii) clouds on title due to probate or intestacy or 
     other court proceedings; or
       ``(iv) any other legal impediment.
       ``(E) Subparagraphs (A) through (D) shall not apply to any 
     claim arising from a formula current assisted stock 
     calculation or count involving an Indian housing block grant 
     allocation for any fiscal year through fiscal year 2008, if a 
     civil action relating to the claim is filed by not later than 
     45 days after the date of enactment of this subparagraph.''.

               TITLE IV--COMPLIANCE, AUDITS, AND REPORTS

     SEC. 401. REMEDIES FOR NONCOMPLIANCE.

       Section 401(a) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is 
     amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Substantial noncompliance.--The failure of a 
     recipient to comply with the requirements of section 
     302(b)(1) regarding the reporting of low-income dwelling 
     units shall not, in itself, be considered to be substantial 
     noncompliance for purposes of this title.''.

     SEC. 402. MONITORING OF COMPLIANCE.

       Section 403(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is 
     amended in the second sentence by inserting ``an appropriate 
     level of'' after ``shall include''.

     SEC. 403. PERFORMANCE REPORTS.

       Section 404(b) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``goals'' and inserting ``planned 
     activities''; and
       (B) by adding ``and'' after the semicolon at the end;
       (2) in paragraph (3), by striking ``; and'' at the end and 
     inserting a period; and
       (3) by striking paragraph (4).

TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED 
                                PROGRAMS

     SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

       (a) In General.--Title V of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181 
     et seq.) is amended by adding at the end the following:

     ``SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.

       ``Nothing in this Act or an amendment made by this Act 
     prohibits or prevents any participating jurisdiction (within 
     the meaning of the HOME Investment Partnerships Act (42 
     U.S.C. 12721 et seq.)) from providing any amounts made 
     available to the participating jurisdiction under that Act 
     (42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally 
     designated housing entity for use in accordance with that Act 
     (42 U.S.C. 12721 et seq.).''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended by 
     inserting after the item relating to section 508 the 
     following:

``Sec. 509. Effect on HOME Investment Partnerships Act.''.

  TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                         DEVELOPMENT ACTIVITIES

     SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
                   FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                   DEVELOPMENT ACTIVITIES.

       (a) In General.--Title VI of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191 
     et seq.) is amended by adding at the end the following:

     ``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO 
                   FINANCE TRIBAL COMMUNITY AND ECONOMIC 
                   DEVELOPMENT ACTIVITIES.

       ``(a) Authority.--
       ``(1) In general.--Subject to paragraph (2), to the extent 
     and in such amounts as are provided in appropriation Acts, 
     subject to the requirements of this section, and in 
     accordance with such terms and conditions as the Secretary 
     may prescribe, the Secretary may guarantee and make 
     commitments to guarantee the notes and obligations issued by 
     Indian tribes or tribally designated housing entities with 
     tribal approval, for the purposes of financing activities 
     carried out on Indian reservations and in other Indian areas 
     that, under the first sentence of section 108(a) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5308), are eligible for financing with notes and other 
     obligations guaranteed pursuant to that section.
       ``(2) Limitation.--The Secretary may guarantee, or make 
     commitments to guarantee, under paragraph (1) the notes or 
     obligations of not more than 4 Indian tribes or tribally 
     designated housing entities located in each Department of 
     Housing and Urban Development Office of Native American 
     Programs region.
       ``(b) Low-Income Benefit Requirement.--Not less than 70 
     percent of the aggregate amount received by an Indian tribe 
     or tribally designated housing entity as a result of a 
     guarantee under this section shall be used for the support of 
     activities that benefit low-

[[Page 21743]]

     income families on Indian reservations and other Indian 
     areas.
       ``(c) Financial Soundness.--
       ``(1) In general.--The Secretary shall establish 
     underwriting criteria for guarantees under this section, 
     including fees for the guarantees, as the Secretary 
     determines to be necessary to ensure that the program under 
     this section is financially sound.
       ``(2) Amounts of fees.--Fees for guarantees established 
     under paragraph (1) shall be established in amounts that are 
     sufficient, but do not exceed the minimum amounts necessary, 
     to maintain a negative credit subsidy for the program under 
     this section, as determined based on the risk to the Federal 
     Government under the underwriting requirements established 
     under paragraph (1).
       ``(d) Terms of Obligations.--
       ``(1) In general.--Each note or other obligation guaranteed 
     pursuant to this section shall be in such form and 
     denomination, have such maturity, and be subject to such 
     conditions as the Secretary may prescribe, by regulation.
       ``(2) Limitation.--The Secretary may not deny a guarantee 
     under this section on the basis of the proposed repayment 
     period for the note or other obligation, unless--
       ``(A) the period is more than 20 years; or
       ``(B) the Secretary determines that the period would cause 
     the guarantee to constitute an unacceptable financial risk.
       ``(e) Limitation on Percentage.--A guarantee made under 
     this section shall guarantee repayment of 95 percent of the 
     unpaid principal and interest due on the note or other 
     obligation guaranteed.
       ``(f) Security and Repayment.--
       ``(1) Requirements on issuer.--To ensure the repayment of 
     notes and other obligations and charges incurred under this 
     section and as a condition for receiving the guarantees, the 
     Secretary shall require the Indian tribe or housing entity 
     issuing the notes or obligations--
       ``(A) to enter into a contract, in a form acceptable to the 
     Secretary, for repayment of notes or other obligations 
     guaranteed under this section;
       ``(B) to demonstrate that the extent of each issuance and 
     guarantee under this section is within the financial capacity 
     of the Indian tribe; and
       ``(C) to furnish, at the discretion of the Secretary, such 
     security as the Secretary determines to be appropriate in 
     making the guarantees, including increments in local tax 
     receipts generated by the activities assisted by a guarantee 
     under this section or disposition proceeds from the sale of 
     land or rehabilitated property, except that the security may 
     not include any grant amounts received or for which the 
     issuer may be eligible under title I.
       ``(2) Full faith and credit.--
       ``(A) In general.--The full faith and credit of the United 
     States is pledged to the payment of all guarantees made under 
     this section.
       ``(B) Treatment of guarantees.--
       ``(i) In general.--Any guarantee made by the Secretary 
     under this section shall be conclusive evidence of the 
     eligibility of the obligations for the guarantee with respect 
     to principal and interest.
       ``(ii) Incontestable nature.--The validity of any such a 
     guarantee shall be incontestable in the hands of a holder of 
     the guaranteed obligations.
       ``(g) Training and Information.--The Secretary, in 
     cooperation with Indian tribes and tribally designated 
     housing entities, may carry out training and information 
     activities with respect to the guarantee program under this 
     section.
       ``(h) Limitations on Amount of Guarantees.--
       ``(1) Aggregate fiscal year limitation.--Notwithstanding 
     any other provision of law, subject only to the absence of 
     qualified applicants or proposed activities and to the 
     authority provided in this section, and to the extent 
     approved or provided for in appropriations Acts, the 
     Secretary may enter into commitments to guarantee notes and 
     obligations under this section with an aggregate principal 
     amount not to exceed $200,000,000 for each of fiscal years 
     2009 through 2013.
       ``(2) Authorization of appropriations for credit subsidy.--
     There are authorized to be appropriated to cover the costs 
     (as defined in section 502 of the Congressional Budget Act of 
     1974 (2 U.S.C. 661a)) of guarantees under this section 
     $1,000,000 for each of fiscal years 2009 through 2013.
       ``(3) Aggregate outstanding limitation.--The total amount 
     of outstanding obligations guaranteed on a cumulative basis 
     by the Secretary pursuant to this section shall not at any 
     time exceed $1,000,000,000 or such higher amount as may be 
     authorized to be appropriated for this section for any fiscal 
     year.
       ``(4) Fiscal year limitations on indian tribes.--
       ``(A) In general.--The Secretary shall monitor the use of 
     guarantees under this section by Indian tribes.
       ``(B) Modifications.--If the Secretary determines that 50 
     percent of the aggregate guarantee authority under paragraph 
     (3) has been committed, the Secretary may--
       ``(i) impose limitations on the amount of guarantees 
     pursuant to this section that any single Indian tribe may 
     receive in any fiscal year of $25,000,000; or
       ``(ii) request the enactment of legislation increasing the 
     aggregate outstanding limitation on guarantees under this 
     section.
       ``(i) Report.--Not later than 4 years after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report describing the use of the authority under 
     this section by Indian tribes and tribally designated housing 
     entities, including--
       ``(1) an identification of the extent of the use and the 
     types of projects and activities financed using that 
     authority; and
       ``(2) an analysis of the effectiveness of the use in 
     carrying out the purposes of this section.
       ``(j) Termination.--The authority of the Secretary under 
     this section to make new guarantees for notes and obligations 
     shall terminate on October 1, 2013.''.
       (b) Conforming Amendment.--The table of contents in section 
     1(b) of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 note) is amended by 
     inserting after the item relating to section 605 the 
     following:

``Sec. 606. Demonstration program for guaranteed loans to finance 
              tribal community and economic development activities.''.

                           TITLE VII--FUNDING

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       (a) Block Grants and Grant Requirements.--Section 108 of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (25 U.S.C. 4117) is amended in the first sentence 
     by striking ``1998 through 2007'' and inserting ``2009 
     through 2013''.
       (b) Federal Guarantees for Financing for Tribal Housing 
     Activities.--Section 605 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4195) is amended in subsections (a) and (b) by striking 
     ``1997 through 2007'' each place it appears and inserting 
     ``2009 through 2013''.
       (c) Training and Technical Assistance.--Section 703 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4212) is amended by striking ``1997 
     through 2007'' and inserting ``2009 through 2013''.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.

       No funds authorized under this Act, or the amendments made 
     by this Act, or appropriated pursuant to an authorization 
     under this Act or such amendments, shall be expended for the 
     benefit of the Cherokee Nation; provided, that this 
     limitation shall not be effective if the Temporary Order and 
     Temporary Injunction issued on May 14, 2007, by the District 
     Court of the Cherokee Nation remains in effect during the 
     pendency of litigation or there is a settlement agreement 
     which effects the end of litigation among the adverse 
     parties.

     SEC. 802. LIMITATION ON USE OF FUNDS.

       No amounts made available pursuant to any authorization of 
     appropriations under this Act, or under the amendments made 
     by this Act, may be used to employ workers described in 
     section 274A(h)(3)) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(h)(3)).

     SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF 
                   DIFFERENT SIZES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the effectiveness of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 in achieving its purposes of meeting the needs for 
     affordable housing for low-income Indian families, as 
     compared to the programs for housing and community 
     development assistance for Indian tribes and families and 
     Indian housing authorities that were terminated under title V 
     of such Act and the amendments made by such title. The study 
     shall compare such effectiveness with respect to Indian 
     tribes of various sizes and types, and specifically with 
     respect to smaller tribes for which grants of lesser or 
     minimum amounts have been made under title I of such Act.
       (b) Report.--Not later than the expiration of the 12-month 
     period beginning on the date of the enactment of this Act, 
     the Comptroller General shall submit a report to the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate regarding the results and 
     conclusions of the study conducted pursuant to subsection 
     (a). Such report shall include recommendations regarding any 
     changes appropriate to the Native American Housing Assistance 
     and Self-Determination Act of 1996 to help ensure that the 
     purposes of such Act are achieved by all Indian tribes, 
     regardless of size or type.
                                 ______
                                 
  SA 5648. Mr. NELSON of Florida (for himself and Mr. Vitter) proposed 
an amendment to the bill H.R. 6063, to authorize the programs of the 
National Aeronautics and Space Administration, and for other purposes; 
as follows:

     Strike out all after the enacting clause and insert the 
         following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Aeronautics and Space Administration Authorization Act of 
     2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:


[[Page 21744]]


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

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

Sec. 101. Fiscal year 2009.

                        TITLE II--EARTH SCIENCE

Sec. 201. Goal.
Sec. 202. Governance of United States Earth Observations activities.
Sec. 203. Decadal survey missions.
Sec. 204. Transitioning experimental research into operational 
              services.
Sec. 205. Landsat thermal infrared data continuity.
Sec. 206. Reauthorization of Glory Mission.
Sec. 207. Plan for disposition of Deep Space Climate Observatory.
Sec. 208. Tornadoes and other severe storms.

                         TITLE III--AERONAUTICS

Sec. 301. Sense of Congress.
Sec. 302. Environmentally friendly aircraft research and development 
              initiative.
Sec. 303. Research alignment.
Sec. 304. Research program to determine perceived impact of sonic 
              booms.
Sec. 305. External review of NASA's aviation safety-related research 
              programs.
Sec. 306. Aviation weather research.
Sec. 307. Funding for research and development activities in support of 
              other mission directorates.
Sec. 308. Enhancement of grant program on establishment of university-
              based centers for research on aviation training.

                    TITLE IV--EXPLORATION INITIATIVE

Sec. 401. Sense of Congress.
Sec. 402. Reaffirmation of exploration policy.
Sec. 403. Stepping stone approach to exploration.
Sec. 404. Lunar outpost.
Sec. 405. Exploration technology development.
Sec. 406. Exploration risk mitigation plan.
Sec. 407. Exploration crew rescue.
Sec. 408. Participatory exploration.
Sec. 409. Science and exploration.
Sec. 410. Congressional Budget Office report update.

                         TITLE V--SPACE SCIENCE

Sec. 501. Technology development.
Sec. 502. Provision for future servicing of observatory-class 
              scientific spacecraft.
Sec. 503. Mars exploration.
Sec. 504. Importance of a balanced science program.
Sec. 505. Suborbital research activities.
Sec. 506. Restoration of radioisotope thermoelectric generator material 
              production.
Sec. 507. Assessment of impediments to interagency cooperation on space 
              and Earth science missions.
Sec. 508. Assessment of cost growth.
Sec. 509. Outer planets exploration.

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

Sec. 601. Plan to support operation and utilization of the ISS beyond 
              fiscal year 2015.
Sec. 602. International Space Station National Laboratory Advisory 
              Committee.
Sec. 603. Contingency plan for cargo resupply.
Sec. 604. Sense of Congress on use of Space Life Sciences Laboratory at 
              Kennedy Space Center.

                       Subtitle B--Space Shuttle

Sec. 611. Space Shuttle flight requirements.
Sec. 612. United States commercial cargo capability status.
Sec. 613. Space Shuttle transition.
Sec. 614. Aerospace skills retention and investment reutilization 
              report.
Sec. 615. Temporary continuation of coverage of health benefits.
Sec. 616. Accounting report.

                      Subtitle C--Launch Services

Sec. 621. Launch services strategy.

                          TITLE VII--EDUCATION

Sec. 701. Response to review.
Sec. 702. External review of explorer schools program.
Sec. 703. Sense of Congress on EarthKAM and robotics competitions.
Sec. 704. Enhancement of educational role of NASA.

                     TITLE VIII--NEAR-EARTH OBJECTS

Sec. 801. Reaffirmation of policy.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy with respect to threats posed by 
              near-earth objects.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo observatory.
Sec. 807. International resources.

                    TITLE IX--COMMERCIAL INITIATIVES

Sec. 901. Sense of Congress.
Sec. 902. Commercial crew initiative.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.
Sec. 1004. Study and report on project assignment and work allocation 
              of field centers.

                       TITLE XI--OTHER PROVISIONS

Sec. 1101. Space weather.
Sec. 1102. Initiation of discussions on development of framework for 
              space traffic management.
Sec. 1103. Astronaut health care.
Sec. 1104. National Academies decadal surveys.
Sec. 1105. Innovation prizes.
Sec. 1106. Commercial space launch range study.
Sec. 1107. NASA outreach program.
Sec. 1108. Reduction-in-force moratorium.
Sec. 1109. Protection of scientific credibility, integrity, and 
              communication within NASA.
Sec. 1110. Sense of Congress regarding the need for a robust workforce.
Sec. 1111. Methane inventory.
Sec. 1112. Exception to alternative fuel procurement requirement.
Sec. 1113. Sense of Congress on the importance of the NASA Office of 
              Program Analysis and Evaluation.
Sec. 1114. Sense of Congress on elevating the importance of space and 
              aeronautics within the Executive Office of the President.
Sec. 1115. Study on leasing practices of field centers.
Sec. 1116. Cooperative unmanned aerial vehicle activities.
Sec. 1117. Development of enhanced-use lease policy.
Sec. 1118. Sense of Congress with regard to the Michoud Assembly 
              Facility and NASA's other centers and facilities.
Sec. 1119. Report on U.S. industrial base for launch vehicle engines.
Sec. 1120. Sense of Congress on precursor International Space Station 
              research.
Sec. 1121. Limitation on funding for conferences.
Sec. 1122. Report on NASA efficiency and performance.

     SEC. 2. FINDINGS.

       The Congress finds, on this, the 50th anniversary of the 
     establishment of the National Aeronautics and Space 
     Administration, the following:
       (1) NASA is and should remain a multimission agency with a 
     balanced and robust set of core missions in science, 
     aeronautics, and human space flight and exploration.
       (2) Investment in NASA's programs will promote innovation 
     through research and development, and will improve the 
     competitiveness of the United States.
       (3) Investment in NASA's programs, like investments in 
     other Federal science and technology activities, is an 
     investment in our future.
       (4) Properly structured, NASA's activities can contribute 
     to an improved quality of life, economic vitality, United 
     States leadership in peaceful cooperation with other nations 
     on challenging undertakings in science and technology, 
     national security, and the advancement of knowledge.
       (5) NASA should assume a leadership role in a cooperative 
     international Earth observations and research effort to 
     address key research issues associated with climate change 
     and its impacts on the Earth system.
       (6) NASA should undertake a program of aeronautical 
     research, development, and where appropriate demonstration 
     activities with the overarching goals of--
       (A) ensuring that the Nation's future air transportation 
     system can handle up to 3 times the current travel demand and 
     incorporate new vehicle types with no degradation in safety 
     or adverse environmental impact on local communities;
       (B) protecting the environment;
       (C) promoting the security of the Nation; and
       (D) retaining the leadership of the United States in global 
     aviation.
       (7) Human and robotic exploration of the solar system will 
     be a significant long-term undertaking of humanity in the 
     21st century and beyond, and it is in the national interest 
     that the United States should assume a leadership role in a 
     cooperative international exploration initiative.
       (8) Developing United States human space flight 
     capabilities to allow independent American access to the 
     International Space Station, and to explore beyond low Earth 
     orbit, is a strategically important national imperative, and 
     all prudent steps should thus be taken to bring the Orion 
     Crew Exploration Vehicle and Ares I Crew Launch Vehicle to 
     full operational capability as soon as possible and to ensure 
     the effective development of a United States heavy lift 
     launch capability for missions beyond low Earth orbit.
       (9) NASA's scientific research activities have contributed 
     much to the advancement of knowledge, provided societal 
     benefits, and helped train the next generation of scientists 
     and engineers, and those activities should continue to be an 
     important priority.

[[Page 21745]]

       (10) NASA should make a sustained commitment to a robust 
     long-term technology development activity. Such investments 
     represent the critically important ``seed corn'' on which 
     NASA's ability to carry out challenging and productive 
     missions in the future will depend.
       (11) NASA, through its pursuit of challenging and relevant 
     activities, can provide an important stimulus to the next 
     generation to pursue careers in science, technology, 
     engineering, and mathematics.
       (12) Commercial activities have substantially contributed 
     to the strength of both the United States space program and 
     the national economy, and the development of a healthy and 
     robust United States commercial space sector should continue 
     to be encouraged.
       (13) It is in the national interest for the United States 
     to have an export control policy that protects the national 
     security while also enabling the United States aerospace 
     industry to compete effectively in the global market place 
     and the United States to undertake cooperative programs in 
     science and human space flight in an effective and efficient 
     manner.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of NASA.
       (2) NASA.--The term ``NASA'' means the National Aeronautics 
     and Space Administration.
       (3) NOAA.--The term ``NOAA'' means the National Oceanic and 
     Atmospheric Administration.
       (4) OSTP.--The term ``OSTP'' means the Office of Science 
     and Technology Policy.

     TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009

     SEC. 101. FISCAL YEAR 2009.

       There are authorized to be appropriated to NASA for fiscal 
     year 2009 $20,210,000,000, as follows:
       (1) For Science, $4,932,200,000, of which--
       (A) $1,518,000,000 shall be for Earth Science, including 
     $29,200,000 for suborbital activities and $2,500,000 for 
     carrying out section 313 of the National Aeronautics and 
     Space Administration Authorization Act of 2005 (Public Law 
     109-155);
       (B) $1,483,000,000 shall be for Planetary Science, 
     including $486,500,000 for the Mars Exploration program, 
     $2,000,000 to continue planetary radar operations at the 
     Arecibo Observatory in support of the Near-Earth Object 
     program, and $5,000,000 for radioisotope material production, 
     to remain available until expended;
       (C) $1,290,400,000 shall be for Astrophysics, including 
     $27,300,000 for suborbital activities;
       (D) $640,800,000 shall be for Heliophysics, including 
     $50,000,000 for suborbital activities; and
       (E) $75,000,000 shall be for Intra-Science Mission 
     Directorate Technology Development, to be taken on a 
     proportional basis from the funding subtotals under 
     subparagraphs (A), (B), (C), and (D).
       (2) For Aeronautics, $853,400,000, of which $406,900,000 
     shall be for system-level research, development, and 
     demonstration activities related to--
       (A) aviation safety;
       (B) environmental impact mitigation, including noise, 
     energy efficiency, and emissions;
       (C) support of the Next Generation Air Transportation 
     System initiative; and
       (D) investigation of new vehicle concepts and flight 
     regimes.
       (3) For Exploration, $4,886,000,000, of which--
       (A) $3,886,000,000 shall be for baseline exploration 
     activities, of which $100,000,000 shall be for the activities 
     under sections 902(a)(4) and 902(d), such funds to remain 
     available until expended; no less than $1,101,400,000 shall 
     be for the Orion Crew Exploration Vehicle; no less than 
     $1,018,500,000 shall be for Ares I Crew Launch Vehicle; and 
     $737,800,000 shall be for Advanced Capabilities, including 
     $106,300,000 for the Lunar Precursor Robotic Program (of 
     which $30,000,000 shall be for the lunar lander mission), 
     $276,500,000 shall be for International Space Station-related 
     research and development activities, and $355,000,000 shall 
     be for research and development activities not related to the 
     International Space Station; and
       (B) $1,000,000,000 shall be available to be used to 
     accelerate the initial operating capability of the Orion Crew 
     Exploration Vehicle and the Ares I Crew Launch Vehicle, to 
     remain available until expended.
       (4) For Education, $128,300,000, of which $14,200,000 shall 
     be for the Experimental Program to Stimulate Competitive 
     Research and $32,000,000 shall be for the Space Grant 
     program.
       (5) For Space Operations, $6,074,700,000, of which--
       (A) $150,000,000 shall be for an additional Space Shuttle 
     flight to deliver the Alpha Magnetic Spectrometer to the 
     International Space Station;
       (B) $100,000,000 shall be to augment funding for research 
     utilization of the International Space Station National 
     Laboratory, to remain available until expended; and
       (C) $50,000,000 shall be to augment funding for Space 
     Operations Mission Directorate reserves and Shuttle 
     Transition and Retirement activities.
       (6) For Cross-Agency Support Programs, $3,299,900,000, of 
     which $4,000,000 shall be for the program established under 
     section 1107(a), to remain available until expended.
       (7) For Inspector General, $35,500,000.

                        TITLE II--EARTH SCIENCE

     SEC. 201. GOAL.

       The goal for NASA's Earth Science program shall be to 
     pursue a program of Earth observations, research, and 
     applications activities to better understand the Earth, how 
     it supports life, and how human activities affect its ability 
     to do so in the future. In pursuit of this goal, NASA's Earth 
     Science program shall ensure that securing practical benefits 
     for society will be an important measure of its success in 
     addition to securing new knowledge about the Earth system and 
     climate change. In further pursuit of this goal, NASA shall, 
     together with NOAA and other relevant agencies, provide 
     United States leadership in developing and carrying out a 
     cooperative international Earth observations-based research 
     program.

     SEC. 202. GOVERNANCE OF UNITED STATES EARTH OBSERVATIONS 
                   ACTIVITIES.

       (a) Study.--The Director of OSTP shall consult with NASA, 
     NOAA, and other relevant agencies with an interest in Earth 
     observations and enter into an arrangement with the National 
     Academies for a study to determine the most appropriate 
     governance structure for United States Earth Observations 
     programs in order to meet evolving United States Earth 
     information needs and facilitate United States participation 
     in global Earth Observations initiatives.
       (b) Report.--The Director shall transmit the study to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 18 months after 
     the date of enactment of this Act, and shall provide OSTP's 
     plan for implementing the study's recommendations not later 
     than 24 months after the date of enactment of this Act.

     SEC. 203. DECADAL SURVEY MISSIONS.

       (a) In General.--The missions recommended in the National 
     Academies' decadal survey ``Earth Science and Applications 
     from Space'' provide the basis for a compelling and relevant 
     program of research and applications, and the Administrator 
     should work to establish an international cooperative effort 
     to pursue those missions.
       (b) Plan.--The Administrator shall consult with all 
     agencies referenced in the survey as responsible for 
     spacecraft missions and prepare a plan for submission to 
     Congress not later than 270 days after the date of enactment 
     of this Act that shall describe how NASA intends to implement 
     the missions recommended for NASA to conduct as described in 
     subsection (a), whether by means of dedicated NASA missions, 
     multi-agency missions, international cooperative missions, 
     data sharing, or commercial data buys, or by means of long-
     term technology development to determine whether specific 
     missions would be executable at a reasonable cost and within 
     a reasonable schedule.

     SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO 
                   OPERATIONAL SERVICES.

       (a) Sense of Congress.--It is the sense of the Congress 
     that experimental NASA sensors and missions that have the 
     potential to benefit society if transitioned into operational 
     monitoring systems be transitioned into operational status 
     whenever possible.
       (b) Interagency Process.--The Director of OSTP, in 
     consultation with the Administrator, the Administrator of 
     NOAA, and other relevant stakeholders, shall develop a 
     process to transition, when appropriate, NASA Earth science 
     and space weather missions or sensors into operational 
     status. The process shall include coordination of annual 
     agency budget requests as required to execute the 
     transitions.
       (c) Responsible Agency Official.--The Administrator and the 
     Administrator of NOAA shall each designate an agency official 
     who shall have the responsibility for and authority to lead 
     NASA's and NOAA's transition activities and interagency 
     coordination.
       (d) Plan.--For each mission or sensor that is determined to 
     be appropriate for transition under subsection (b), NASA and 
     NOAA shall transmit to Congress a joint plan for conducting 
     the transition. The plan shall include the strategy, 
     milestones, and budget required to execute the transition. 
     The transition plan shall be transmitted to Congress not 
     later than 60 days after the successful completion of the 
     mission or sensor critical design review.

     SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.

       (a) Plan.--In view of the importance of Landsat thermal 
     infrared data for both scientific research and water 
     management applications, the Administrator shall prepare a 
     plan for ensuring the continuity of Landsat thermal infrared 
     data or its equivalent, including allocation of costs and 
     responsibility for the collection and distribution of the 
     data, and a budget plan. As part of the plan, the 
     Administrator shall provide an option for developing a 
     thermal infrared sensor at minimum cost to be flown on the 
     Landsat Data Continuity Mission with minimum delay to the 
     schedule of the Landsat Data Continuity Mission.

[[Page 21746]]

       (b) Deadline.--The plan shall be provided to Congress not 
     later than 60 days after the date of enactment of this Act.

     SEC. 206. REAUTHORIZATION OF GLORY MISSION.

       (a) Reauthorization.--Congress reauthorizes NASA to 
     continue with development of the Glory Mission, which will 
     examine how aerosols and solar energy affect the Earth's 
     climate.
       (b) Baseline Report.--Pursuant to the National Aeronautics 
     and Space Administration Authorization Act of 2005 (Public 
     Law 109-155), not later than 90 days after the date of 
     enactment of this Act, the Administrator shall transmit a new 
     baseline report consistent with section 103(b)(2) of such 
     Act. The report shall include an analysis of the factors 
     contributing to cost growth and the steps taken to address 
     them.

     SEC. 207. PLAN FOR DISPOSITION OF DEEP SPACE CLIMATE 
                   OBSERVATORY.

       (a) Plan.--NASA shall develop a plan for the Deep Space 
     Climate Observatory (DSCOVR), including such options as using 
     the parts of the spacecraft in the development and assembly 
     of other science missions, transferring the spacecraft to 
     another agency, reconfiguring the spacecraft for another 
     Earth science mission, establishing a public-private 
     partnership for the mission, and entering into an 
     international cooperative partnership to use the spacecraft 
     for its primary or other purposes. The plan shall include an 
     estimate of budgetary resources and schedules required to 
     implement each of the options.
       (b) Consultation.--NASA shall consult, as necessary, with 
     NOAA and other Federal agencies, industry, academic 
     institutions, and international space agencies in developing 
     the plan.
       (c) Report.--The Administrator shall transmit the plan 
     required under subsection (a) to the Committee on Science and 
     Technology of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate not 
     later than 180 days after the date of enactment of this Act.

     SEC. 208. TORNADOES AND OTHER SEVERE STORMS.

       The Administrator shall ensure that NASA gives high 
     priority to those parts of its existing cooperative 
     activities with NOAA that are related to the study of 
     tornadoes and other severe storms, tornado-force winds, and 
     other factors determined to influence the development of 
     tornadoes and other severe storms, with the goal of improving 
     the Nation's ability to predict tornados and other severe 
     storms. Further, the Administrator shall examine whether 
     there are additional cooperative activities with NOAA that 
     should be undertaken in the area of tornado and severe storm 
     research.

                         TITLE III--AERONAUTICS

     SEC. 301. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) aeronautics research continues to be an important core 
     element of NASA's mission and should be supported;
       (2) NASA aeronautics research should be guided by and 
     consistent with the national policy to guide aeronautics 
     research and development programs of the United States 
     developed in accordance with section 101(c) of the National 
     Aeronautics and Space Administration Authorization Act of 
     2005 (42 U.S.C. 16611); and
       (3) technologies developed by NASA as described in 
     paragraph (2) would help to secure the leadership role of the 
     United States in global aviation and greatly enhance 
     competitiveness of the United States in aeronautics in the 
     future.

     SEC. 302. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND 
                   DEVELOPMENT INITIATIVE.

       The Administrator shall establish an initiative involving 
     NASA, universities, industry, and other research 
     organizations as appropriate, of research, development, and 
     demonstration, in a relevant environment, of technologies to 
     enable the following commercial aircraft performance 
     characteristics:
       (1) Noise levels on takeoff and on airport approach and 
     landing that do not exceed ambient noise levels in the 
     absence of flight operations in the vicinity of airports from 
     which such commercial aircraft would normally operate, 
     without increasing energy consumption or nitrogen oxide 
     emissions compared to aircraft in commercial service as of 
     the date of enactment of this Act.
       (2) Significant reductions in greenhouse gas emissions 
     compared to aircraft in commercial services as of the date of 
     enactment of this Act.

     SEC. 303. RESEARCH ALIGNMENT.

       In addition to pursuing the research and development 
     initiative described in section 302, the Administrator shall, 
     to the maximum extent practicable within available funding, 
     align the fundamental aeronautics research program to address 
     high priority technology challenges of the National 
     Academies' Decadal Survey of Civil Aeronautics, and shall 
     work to increase the degree of involvement of external 
     organizations, and especially of universities, in the 
     fundamental aeronautics research program.

     SEC. 304. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF 
                   SONIC BOOMS.

       (a) In General.--The ability to fly commercial aircraft 
     over land at supersonic speeds without adverse impacts on the 
     environment or on local communities would open new markets 
     and enable new transportation capabilities. In order to have 
     the basis for establishing appropriate sonic boom standards 
     for such flight operations, a research program is needed to 
     assess the impact in a relevant environment of commercial 
     supersonic flight operations.
       (b) Establishment.--The Administrator shall establish a 
     cooperative research program with industry, including the 
     conduct of flight demonstrations in a relevant environment, 
     to collect data on the perceived impact of sonic booms. The 
     data could enable the promulgation of appropriate standards 
     for overland commercial supersonic flight operations.
       (c) Coordination.--The Administrator shall ensure that 
     sonic boom research is coordinated as appropriate with the 
     Administrator of the Federal Aviation Administration, and as 
     appropriate make use of the expertise of the Partnership for 
     Air Transportation Noise and Emissions Reduction Center of 
     Excellence sponsored by NASA and the Federal Aviation 
     Administration.

     SEC. 305. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED 
                   RESEARCH PROGRAMS.

       (a) Review.--The Administrator shall enter into an 
     arrangement with the National Research Council for an 
     independent review of NASA's aviation safety-related research 
     programs. The review shall assess whether--
       (1) the programs have well-defined, prioritized, and 
     appropriate research objectives;
       (2) the programs are properly coordinated with the safety 
     research programs of the Federal Aviation Administration and 
     other relevant Federal agencies;
       (3) the programs have allocated appropriate resources to 
     each of the research objectives; and
       (4) suitable mechanisms exist for transitioning the 
     research results from the programs into operational 
     technologies and procedures and certification activities in a 
     timely manner.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the results of the 
     review required in subsection (a).

     SEC. 306. AVIATION WEATHER RESEARCH PLAN.

       The Administrator and the Administrator of NOAA shall 
     develop a collaborative research plan on convective weather 
     events. The goal of the research is to significantly improve 
     the reliability of 2-hour to 6-hour aviation weather 
     forecasts. Within 270 days after the date of enactment of 
     this Act, the Administrator and the Administrator of NOAA 
     shall submit this plan to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Science 
     and Technology of the House of Representatives.

     SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN 
                   SUPPORT OF OTHER MISSION DIRECTORATES.

       Research and development activities performed by the 
     Aeronautics Research Mission Directorate with the primary 
     objective of assisting in the development of a flight project 
     in another Mission Directorate shall be funded by the Mission 
     Directorate seeking assistance.

     SEC. 308. ENHANCEMENT OF GRANT PROGRAM ON ESTABLISHMENT OF 
                   UNIVERSITY-BASED CENTERS FOR RESEARCH ON 
                   AVIATION TRAINING.

       Section 427(a) of the National Aeronautics and Space 
     Administration Authorization Act of 2005 (Public Law 109-155) 
     is amended by striking ``may'' and inserting ``shall''.

                    TITLE IV--EXPLORATION INITIATIVE

     SEC. 401. SENSE OF CONGRESS.

       It is the sense of Congress that the President of the 
     United States should invite America's friends and allies to 
     participate in a long-term international initiative under the 
     leadership of the United States to expand human and robotic 
     presence into the solar system, including the exploration and 
     utilization of the Moon, near Earth asteroids, Lagrangian 
     points, and eventually Mars and its moons, among other 
     exploration and utilization goals. When appropriate, the 
     United States should lead confidence building measures that 
     advance the long-term initiative for international 
     cooperation.

     SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.

       Congress hereby affirms its support for--
       (1) the broad goals of the space exploration policy of the 
     United States, including the eventual return to and 
     exploration of the Moon and other destinations in the solar 
     system and the important national imperative of independent 
     access to space;
       (2) the development of technologies and operational 
     approaches that will enable a sustainable long-term program 
     of human and robotic exploration of the solar system;
       (3) activity related to Mars exploration, particularly for 
     the development and testing of technologies and mission 
     concepts needed for eventual consideration of optional 
     mission architectures, pursuant to future authority to 
     proceed with the consideration and implementation of such 
     architectures; and

[[Page 21747]]

       (4) international participation and cooperation, as well as 
     commercial involvement in space exploration activities.

     SEC. 403. STEPPING STONE APPROACH TO EXPLORATION.

       In order to maximize the cost-effectiveness of the long-
     term exploration and utilization activities of the United 
     States, the Administrator shall take all necessary steps, 
     including engaging international partners, to ensure that 
     activities in its lunar exploration program shall be designed 
     and implemented in a manner that gives strong consideration 
     to how those activities might also help meet the requirements 
     of future exploration and utilization activities beyond the 
     Moon. The timetable of the lunar phase of the long-term 
     international exploration initiative shall be determined by 
     the availability of funding. However, once an exploration-
     related project enters its development phase, the 
     Administrator shall seek, to the maximum extent practicable, 
     to complete that project without undue delays.

     SEC. 404. LUNAR OUTPOST.

       (a) Establishment.--As NASA works toward the establishment 
     of a lunar outpost, NASA shall make no plans that would 
     require a lunar outpost to be occupied to maintain its 
     viability. Any such outpost shall be operable as a human-
     tended facility capable of remote or autonomous operation for 
     extended periods.
       (b) Designation.--The United States portion of the first 
     human-tended outpost established on the surface of the Moon 
     shall be designated the ``Neil A. Armstrong Lunar Outpost''.
       (c) Sense of Congress.--It is the sense of Congress that 
     NASA should make use of commercial services to the maximum 
     extent practicable in support of its lunar outpost 
     activities.

     SEC. 405. EXPLORATION TECHNOLOGY DEVELOPMENT.

       (a) In General.--A robust program of long-term exploration-
     related technology research and development will be essential 
     for the success and sustainability of any enduring initiative 
     of human and robotic exploration of the solar system.
       (b) Establishment.--The Administrator shall carry out a 
     program of long-term exploration-related technology research 
     and development, including such things as in-space 
     propulsion, power systems, life support, and advanced 
     avionics, that is not tied to specific flight projects. The 
     program shall have the funding goal of ensuring that the 
     technology research and development can be completed in a 
     timely manner in order to support the safe, successful, and 
     sustainable exploration of the solar system. In addition, in 
     order to ensure that the broadest range of innovative 
     concepts and technologies are captured, the long-term 
     technology program shall have the goal of having a 
     significant portion of its funding available for external 
     grants and contracts with universities, research 
     institutions, and industry.

     SEC. 406. EXPLORATION RISK MITIGATION PLAN.

       (a) Plan.--The Administrator shall prepare a plan that 
     identifies and prioritizes the human and technical risks that 
     will need to be addressed in carrying out human exploration 
     beyond low Earth orbit and the research and development 
     activities required to address those risks. The plan shall 
     address the role of the International Space Station in 
     exploration risk mitigation and include a detailed 
     description of the specific steps being taken to utilize the 
     International Space Station for that purpose.
       (b) Report.--The Administrator shall transmit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate the plan described in subsection 
     (a) not later than one year after the date of enactment of 
     this Act.

     SEC. 407. EXPLORATION CREW RESCUE.

       In order to maximize the ability to rescue astronauts whose 
     space vehicles have become disabled, the Administrator shall 
     enter into discussions with the appropriate representatives 
     of spacefaring nations who have or plan to have crew 
     transportation systems capable of orbital flight or flight 
     beyond low Earth orbit for the purpose of agreeing on a 
     common docking system standard.

     SEC. 408. PARTICIPATORY EXPLORATION.

       (a) In General.--The Administrator shall develop a 
     technology plan to enable dissemination of information to the 
     public to allow the public to experience missions to the 
     Moon, Mars, or other bodies within our solar system by 
     leveraging advanced exploration technologies. The plan shall 
     identify opportunities to leverage technologies in NASA's 
     Constellation systems that deliver a rich, multi-media 
     experience to the public, and that facilitate participation 
     by the public, the private sector, nongovernmental 
     organizations, and international partners. Technologies for 
     collecting high-definition video, 3-dimensional images, and 
     scientific data, along with the means to rapidly deliver this 
     content through extended high bandwidth communications 
     networks, shall be considered as part of this plan. It shall 
     include a review of high bandwidth radio and laser 
     communications, high-definition video, stereo imagery, 3-
     dimensional scene cameras, and Internet routers in space, 
     from orbit, and on the lunar surface. The plan shall also 
     consider secondary cargo capability for technology validation 
     and science mission opportunities. In addition, the plan 
     shall identify opportunities to develop and demonstrate these 
     technologies on the International Space Station and robotic 
     missions to the Moon, Mars, and other solar system bodies. As 
     part of the technology plan, the Administrator shall examine 
     the feasibility of having NASA enter into contracts and other 
     agreements with appropriate public, private sector, and 
     international partners to broadcast electronically, including 
     via the Internet, images and multimedia records delivered 
     from its missions in space to the public, and shall identify 
     issues associated with such contracts and other agreements. 
     In any such contracts and other agreements, NASA shall adhere 
     to a transparent bidding process to award such contracts and 
     other agreements, pursuant to United States law. As part of 
     this plan, the Administrator shall include estimates of 
     associated costs.
       (b) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall submit the 
     plan to the Committee on Science and Technology of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.

     SEC. 409. SCIENCE AND EXPLORATION.

       It is the sense of Congress that NASA's scientific and 
     human exploration activities are synergistic; science enables 
     exploration and human exploration enables science. The 
     Congress encourages the Administrator to coordinate, where 
     practical, NASA's science and exploration activities with the 
     goal of maximizing the success of human exploration 
     initiatives and furthering our understanding of the Universe 
     that we explore.

     SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.

       Not later than 6 months after the date of enactment of this 
     Act, the Congressional Budget Office shall update its report 
     from 2004 on the budgetary analysis of NASA's Vision for the 
     Nation's Space Exploration Program, including new estimates 
     for Project Constellation, NASA's new generation of 
     spacecraft designed for human space flight that will replace 
     the Space Shuttle program.

                         TITLE V--SPACE SCIENCE

     SEC. 501. TECHNOLOGY DEVELOPMENT.

       The Administrator shall establish an intra-Directorate 
     long-term technology development program for space and Earth 
     science within the Science Mission Directorate for the 
     development of new technology. The program shall be 
     independent of the flight projects under development. NASA 
     shall have a goal of funding the intra-Directorate technology 
     development program at a level of 5 percent of the total 
     Science Mission Directorate annual budget. The program shall 
     be structured to include competitively awarded grants and 
     contracts.

     SEC. 502. PROVISION FOR FUTURE SERVICING OF OBSERVATORY-CLASS 
                   SCIENTIFIC SPACECRAFT.

       The Administrator shall take all necessary steps to ensure 
     that provision is made in the design and construction of all 
     future observatory-class scientific spacecraft intended to be 
     deployed in Earth orbit or at a Lagrangian point in space for 
     robotic or human servicing and repair to the extent 
     practicable and appropriate.

     SEC. 503. MARS EXPLORATION.

       Congress reaffirms its support for a systematic, integrated 
     program of exploration of the Martian surface to examine the 
     planet whose surface is most like Earth's, to search for 
     evidence of past or present life, and to examine Mars for 
     future habitability and as a long-term goal for future human 
     exploration. To the extent affordable and practical, the 
     program should pursue the goal of launches at every Mars 
     launch opportunity, leading to an eventual robotic sample 
     return.

     SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.

       It is the sense of Congress that a balanced and adequately 
     funded set of activities, consisting of NASA's research and 
     analysis grants programs, technology development, small-, 
     medium-, and large-sized space science missions, and 
     suborbital research activities, contributes to a robust and 
     productive science program and serves as a catalyst for 
     innovation.

     SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.

       (a) Sense of Congress.--It is the sense of Congress that 
     suborbital flight activities, including the use of sounding 
     rockets, aircraft, and high-altitude balloons, and suborbital 
     reusable launch vehicles, offer valuable opportunities to 
     advance science, train the next generation of scientists and 
     engineers, and provide opportunities for participants in the 
     programs to acquire skills in systems engineering and systems 
     integration that are critical to maintaining the Nation's 
     leadership in space programs. The Congress believes that it 
     is in the national interest to expand the size of NASA's 
     suborbital research program. It is further the sense of 
     Congress that funding for suborbital research activities 
     should be considered part of the contribution of NASA to 
     United States competitive and educational enhancement and 
     should represent increased funding as contemplated in section 
     2001 of the America COMPETES Act (42 U.S.C. 16611(a)).
       (b) Review of Suborbital Mission Capabilities.--
       (1) In general.--Not later than 120 days after the date of 
     enactment of this Act, the

[[Page 21748]]

     Administrator shall enter into an arrangement with the 
     National Academies to conduct a review of the suborbital 
     mission capabilities of NASA.
       (2) Matters reviewed.--The review required by paragraph (1) 
     shall include a review of the following:
       (A) Existing programs that make use of suborbital flights.
       (B) The status, capability, and availability of suborbital 
     platforms, and the infrastructure and workforce necessary to 
     support them.
       (C) Existing or planned launch facilities for suborbital 
     missions.
       (D) Opportunities for scientific research, training, and 
     educational collaboration in the conduct of suborbital 
     missions by NASA, especially as they relate to the findings 
     and recommendations of the National Academies decadal surveys 
     and report on ``Building a Better NASA Workforce: Meeting the 
     Workforce Needs for the National Vision for Space 
     Exploration''.
       (3) Report.--
       (A) In general.--Not later than 15 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the review required 
     by this subsection.
       (B) Contents.--The report required by this paragraph shall 
     include a summary of the review; the findings of the 
     Administrator with respect to such review; recommendations 
     regarding the growth of suborbital launch programs conducted 
     by NASA; and the steps necessary to ensure such programs are 
     conducted using domestic launch facilities to the maximum 
     extent practicable, including any rationale and justification 
     for using non-domestic facilities for such missions.

     SEC. 506. RESTORATION OF RADIOISOTOPE THERMOELECTRIC 
                   GENERATOR MATERIAL PRODUCTION.

       (a) Plan.--The Director of OSTP shall develop a plan for 
     restarting and sustaining the domestic production of 
     radioisotope thermoelectric generator material for deep space 
     and other space science missions.
       (b) Report.--The plan developed under subsection (a) shall 
     be transmitted to Congress not later than 270 days after the 
     date of enactment of this Act.

     SEC. 507. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY 
                   COOPERATION ON SPACE AND EARTH SCIENCE 
                   MISSIONS.

       (a) Assessments.--The Administrator, in consultation with 
     other agencies with space science programs, shall enter into 
     an arrangement with the National Academies to assess 
     impediments, including cost growth, to the successful conduct 
     of interagency cooperation on space science missions, to 
     provide lessons learned and best practices, and to recommend 
     steps to help facilitate successful interagency 
     collaborations on space science missions. As part of the same 
     arrangement with the National Academies, the Administrator, 
     in consultation with NOAA and other agencies with civil Earth 
     observation systems, shall have the National Academies assess 
     impediments, including cost growth, to the successful conduct 
     of interagency cooperation on Earth science missions, to 
     provide lessons learned and best practices, and to recommend 
     steps to help facilitate successful interagency 
     collaborations on Earth science missions.
       (b) Report.--The report of the assessments carried out 
     under subsection (a) shall be transmitted to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate not later than 15 months after the date of enactment 
     of this Act.

     SEC. 508. ASSESSMENT OF COST GROWTH.

       (a) Study.--The Administrator shall enter into an 
     arrangement for an independent external assessment to 
     identify the primary causes of cost growth in the large-, 
     medium-, and small-sized space and Earth science spacecraft 
     mission classes, and make recommendations as to what changes, 
     if any, should be made to contain costs and ensure frequent 
     mission opportunities in NASA's science spacecraft mission 
     programs.
       (b) Report.--The report of the assessment conducted under 
     subsection (a) shall be submitted to Congress not later than 
     15 months after the date of enactment of this Act.

     SEC. 509. OUTER PLANETS EXPLORATION.

       It is the sense of Congress that the outer solar system 
     planets and their satellites can offer important knowledge 
     about the formation and evolution of the solar system, the 
     nature and diversity of these solar system bodies, and the 
     potential for conditions conducive to life beyond Earth. NASA 
     should move forward with plans for an Outer Planets flagship 
     mission to the Europa-Jupiter system or the Titan-Saturn 
     system as soon as practicable within a balanced Planetary 
     Science program.

                       TITLE VI--SPACE OPERATIONS

                Subtitle A--International Space Station

     SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION OF THE 
                   ISS BEYOND FISCAL YEAR 2015.

       (a) In General.--The Administrator shall take all necessary 
     steps to ensure that the International Space Station remains 
     a viable and productive facility capable of potential United 
     States utilization through at least 2020 and shall take no 
     steps that would preclude its continued operation and 
     utilization by the United States after 2015.
       (b) Plan to Support Operations and Utilization of the 
     International Space Station Beyond Fiscal Year 2015.--
       (1) In general.--Not later than 9 months after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a plan to support the operations 
     and utilization of the International Space Station beyond 
     fiscal year 2015 for a period of not less than 5 years. The 
     plan shall be an update and expansion of the operation plan 
     of the International Space Station National Laboratory 
     submitted to Congress in May 2007 under section 507 of the 
     National Aeronautics and Space Administration Authorization 
     Act of 2005 (42 U.S.C. 16767).
       (2) Content.--
       (A) Requirements to support operation and utilization of 
     the iss beyond fiscal year 2015.--As part of the plan 
     required in paragraph (1), the Administrator shall provide 
     each of the following:
       (i) A list of critical hardware necessary to support 
     International Space Station operations through the year 2020.
       (ii) Specific known or anticipated maintenance actions that 
     would need to be performed to support International Space 
     Station operations and research through the year 2020.
       (iii) Annual upmass and downmass requirements, including 
     potential vehicles that will deliver such upmass and 
     downmass, to support the International Space Station after 
     the retirement of the Space Shuttle Orbiter and through the 
     year 2020.
       (B) ISS national laboratory research management plan.--As 
     part of the plan required in paragraph (1), the Administrator 
     shall develop a Research Management Plan for the 
     International Space Station. Such Plan shall include a 
     process for selecting and prioritizing research activities 
     (including fundamental, applied, commercial, and other 
     research) for flight on the International Space Station. Such 
     Plan shall be used to prioritize resources such as crew time, 
     racks and equipment, and United States access to 
     international research facilities and equipment. Such Plan 
     shall also identify the organization to be responsible for 
     managing United States research on the International Space 
     Station, including a description of the relationship of the 
     management institution with NASA (e.g., internal NASA office, 
     contract, cooperative agreement, or grant), the estimated 
     length of time for the arrangement, and the budget required 
     to support the management institution. Such Plan shall be 
     developed in consultation with other Federal agencies, 
     academia, industry, and other relevant stakeholders. The 
     Administrator may request the support of the National Academy 
     of Sciences or other appropriate independent entity, 
     including an external consultant, in developing the Plan.
       (C) Establishment of process for access to national 
     laboratory.--As part of the plan required in paragraph (1), 
     the Administrator shall--
       (i) establish a process by which to support International 
     Space Station National Laboratory users in identifying their 
     requirements for transportation of research supplies to and 
     from the International Space Station, and for communicating 
     those requirements to NASA and International Space Station 
     transportation services providers; and
       (ii) develop an estimate of the transportation requirements 
     needed to support users of the International Space Station 
     National Laboratory and develop a plan for satisfying those 
     requirements by dedicating a portion of volume on NASA supply 
     missions to the International Space Station.
       (D) Assessment of equipment to support research.--As part 
     of the plan required in paragraph (1), the Administrator 
     shall--
       (i) provide a list of critical hardware that is anticipated 
     to be necessary to support nonexploration-related and 
     exploration-related research through the year 2020;
       (ii) identify existing research equipment and racks and 
     support equipment that are manifested for flight; and
       (iii) provide a detailed description of the status of 
     research equipment and facilities that were completed or in 
     development prior to being cancelled, and provide the budget 
     and milestones for completing and preparing the equipment for 
     flight on the International Space Station.
       (E) Budget plan.--As part of the plan required in paragraph 
     (1), the Administrator shall provide a budget plan that 
     reflects the anticipated use of such activities and the 
     projected amounts to be required for fiscal years 2010 
     through 2020 to accomplish the objectives of the activities 
     described in subparagraphs (A) through (D).

     SEC. 602. INTERNATIONAL SPACE STATION NATIONAL LABORATORY 
                   ADVISORY COMMITTEE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall establish 
     under the Federal Advisory Committee Act a committee

[[Page 21749]]

     to be known as the ``International Space Station National 
     Laboratory Advisory Committee'' (hereafter in this section 
     referred to as the ``Committee'').
       (b) Membership.--
       (1) Composition.--The Committee shall be composed of 
     individuals representing organizations who have formal 
     agreements with NASA to utilize the United States portion of 
     the International Space Station, including allocations within 
     partner elements.
       (2) Chair.--The Administrator shall appoint a chair from 
     among the members of the Committee, who shall serve for a 2-
     year term.
       (c) Duties of the Committee.--
       (1) In general.--The Committee shall monitor, assess, and 
     make recommendations regarding effective utilization of the 
     International Space Station as a national laboratory and 
     platform for research.
       (2) Annual report.--The Committee shall submit to the 
     Administrator, on an annual basis or more frequently as 
     considered necessary by a majority of the members of the 
     Committee, a report containing the assessments and 
     recommendations required by paragraph (1).
       (d) Duration.--The Committee shall exist for the life of 
     the International Space Station.

     SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.

       (a) In General.--The International Space Station represents 
     a significant investment of national resources, and it is a 
     facility that embodies a cooperative international approach 
     to the exploration and utilization of space. As such, it is 
     important that its continued viability and productivity be 
     ensured, to the maximum extent possible, after the Space 
     Shuttle is retired.
       (b) Contingency Plan.--The Administrator shall develop a 
     contingency plan and arrangements, including use of 
     International Space Station international partner cargo 
     resupply capabilities, to ensure the continued viability and 
     productivity of the International Space Station in the event 
     that United States commercial cargo resupply services are not 
     available during any extended period after the date that the 
     Space Shuttle is retired. The plan shall be delivered to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than one year after 
     the date of enactment of this Act.

     SEC. 604. SENSE OF CONGRESS ON USE OF SPACE LIFE SCIENCES 
                   LABORATORY AT KENNEDY SPACE CENTER.

       It is the sense of Congress that the Space Life Sciences 
     Laboratory at Kennedy Space Center represents a key 
     investment and asset in the International Space Station 
     National Laboratory capability. The laboratory is 
     specifically designed to provide pre-flight, in-flight, and 
     post-flight support services for International Space Station 
     end-users, and should be utilized in this manner when 
     appropriate.

                       Subtitle B--Space Shuttle

     SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.

       (a) Report on U.S. Human Spaceflight Capabilities.--Section 
     501(c) of the National Aeronautics and Space Administration 
     Authorization Act of 2005 (42 U.S.C. 16761(c)) is amended by 
     striking the matter before paragraph (1) and inserting the 
     following: ``Not later than 90 days after the date of 
     enactment of the National Aeronautics and Space 
     Administration Authorization Act of 2008, the Administrator 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Science and 
     Technology of the House of Representatives a report on the 
     lack of a United States human space flight system to replace 
     the Space Shuttle upon its planned retirement, currently 
     scheduled for 2010, and the ability of the United States to 
     uphold the policy described in subsection (a), including a 
     description of--''.
       (b) Baseline Manifest.--In addition to the Space Shuttle 
     flights listed as part of the baseline flight manifest as of 
     January 1, 2008, the Utilization flights ULF-4 and ULF-5 
     shall be considered part of the Space Shuttle baseline flight 
     manifest and shall be flown prior to the retirement of the 
     Space Shuttle, currently scheduled for 2010.
       (c) Additional Flight to Deliver the Alpha Magnetic 
     Spectrometer and Other Scientific Equipment and Payloads to 
     the International Space Station.--
       (1) In general.--In addition to the flying of the baseline 
     manifest as described in subsection (b), the Administrator 
     shall take all necessary steps to fly one additional Space 
     Shuttle flight to deliver the Alpha Magnetic Spectrometer and 
     other scientific equipment and payloads to the International 
     Space Station prior to the retirement of the Space Shuttle. 
     The purpose of the mission required to be planned under this 
     subsection shall be to ensure the active use of the United 
     States portion of the International Space Station as a 
     National Laboratory by the delivery of the Alpha Magnetic 
     Spectrometer, and to the extent practicable, the delivery of 
     flight-ready research experiments prepared under the 
     Memoranda of Understanding between NASA and other entities to 
     facilitate the utilization of the International Space Station 
     National Laboratory, as well as other fundamental and applied 
     life sciences and other microgravity research experiments to 
     the International Space Station as soon as the assembly of 
     the International Space Station is completed.
       (2) Flight schedule.--If the Administrator, within 12 
     months before the scheduled date of the additional Space 
     Shuttle flight authorized by paragraph (1), determines that--
       (A) NASA will be unable to meet that launch date before the 
     end of calendar year 2010, unless the President decides to 
     extend Shuttle operations beyond 2010, or
       (B) implementation of the additional flight requirement 
     would, in and of itself, result in--
       (i) significant increased costs to NASA over the cost 
     estimate of the additional flight as determined by the 
     Independent Program Assessment Office, or
       (ii) unacceptable safety risks associated with making the 
     flight before termination of the Space Shuttle program,

     the Administrator shall notify the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science and Technology of the 
     determination, and provide a detailed explanation of the 
     basis for that determination. After the notification is 
     provided to the Committees, the Administrator shall remove 
     the flight from the Space Shuttle schedule unless the 
     Congress by law reauthorizes the flight or the President 
     certifies that it is in the national interest to fly the 
     mission.
       (d) Termination or Suspension of Activities That Would 
     Preclude Continued Flight of Space Shuttle Prior to Review by 
     the Incoming 2009 Presidential Administration.--
       (1) In general.--The Administrator shall terminate or 
     suspend any activity of the Agency that, if continued between 
     the date of enactment of this Act and April 30, 2009, would 
     preclude the continued safe and effective flight of the Space 
     Shuttle after fiscal year 2010 if the first President 
     inaugurated on January 20, 2009, were to make a determination 
     to delay the Space Shuttle's scheduled retirement.
       (2) Report on impact of compliance.--Within 90 days after 
     the date of enactment of this Act, the Administrator shall 
     provide a report to the Congress describing the expected 
     budgetary and programmatic impacts from compliance with 
     paragraph (1). The report shall include--
       (A) a summary of the actions taken to ensure the option to 
     continue space shuttle flights beyond the end of fiscal year 
     2010 is not precluded before April 30, 2009;
       (B) an estimate of additional costs incurred by each 
     specific action identified in the summary provided under 
     subparagraph (A);
       (C) a description of the proposed plan for allocating those 
     costs among anticipated fiscal year 2009 appropriations or 
     existing budget authority;
       (D) a description of any programmatic impacts within the 
     Space Operations Mission Directorate that would result from 
     reallocations of funds to meet the requirements of paragraph 
     (1);
       (E) a description of any additional authority needed to 
     enable compliance with the requirements of paragraph (1); and
       (F) a description of any potential disruption to the timely 
     progress of development milestones in the preparation of 
     infrastructure or work-force requirements for shuttle follow-
     on launch systems.
       (e) Report on Impacts of Space Shuttle Extension.--Within 
     120 days after the date of enactment of this Act, the 
     Administrator shall provide a report to the Congress 
     outlining options, impacts, and associated costs of ensuring 
     the safe and effective operation of the Space Shuttle at the 
     minimum rate necessary to support International Space Station 
     operations and resupply, including for both a near-term, 1- 
     to 2-year extension of Space Shuttle operations and for a 
     longer term, 3- to 6-year extension. The report shall include 
     an assessment of--
       (1) annual fixed and marginal costs, including 
     identification and cost impacts of options for cost-sharing 
     with the Constellation program and including the impact of 
     those cost-sharing options on the Constellation program;
       (2) the safety of continuing the use of the Space Shuttle 
     beyond 2010, including a probability risk assessment of a 
     catastrophic accident before completion of the extended Space 
     Shuttle flight program, the underlying assumptions used in 
     calculating that probability, and comparing the associated 
     safety risks with those of other existing and planned human-
     rated launch systems, including the Soyuz and Constellation 
     vehicles;
       (3) a description of the activities and an estimate of the 
     associated costs that would be needed to maintain or improve 
     Space Shuttle safety throughout the periods described in the 
     first sentence of this subsection were the President 
     inaugurated on January 20, 2009, to extend Space Shuttle 
     operations beyond 2010, the correctly anticipated date of 
     Space Shuttle retirement;
       (4) the impacts on facilities, workforce, and resources for 
     the Constellation program and on the cost and schedule of 
     that program;

[[Page 21750]]

       (5) assumptions regarding workforce, skill mix, launch and 
     processing infrastructure, training, ground support, orbiter 
     maintenance and vehicle utilization, and other relevant 
     factors, as appropriate, used in deriving the cost and 
     schedule estimates for the options studied;
       (6) the extent to which program management, processes, and 
     workforce and contractor assignments can be integrated and 
     streamlined for maximum efficiency to support continued 
     shuttle flights while transitioning to the Constellation 
     program, including identification of associated cost impacts 
     on both the Space Shuttle and the Constellation program;
       (7) the impact of a Space Shuttle flight program extention 
     on the United States' dependence on Russia for International 
     Space Station crew rescue services; and
       (8) the potential for enhancements of International Space 
     Station research, logistics, and maintenance capabilities 
     resulting from extended Shuttle flight operations and the 
     costs associated with implementing any such enhancements.

     SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS.

       The Administrator shall determine the degree to which an 
     increase in the amounts authorized to be appropriated under 
     section 101(3) for the Commercial Orbital Transportation 
     Services project to be used by Phase One team members of such 
     project in fiscal year 2009 would reasonably be expected to 
     accelerate development of Capabilities A, B, and C of such 
     project to an effective operations capability as close to 
     2010 as possible.

     SEC. 613. SPACE SHUTTLE TRANSITION.

       (a) Disposition of Shuttle-Related Assets.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a plan describing the process for the disposition of 
     the remaining Space Shuttle Orbiters and other Space Shuttle 
     program-related hardware after the retirement of the Space 
     Shuttle fleet.
       (2) Plan requirements.--The plan submitted under paragraph 
     (1) shall include a description of a process by which 
     educational institutions, science museums, and other 
     appropriate organizations may acquire, through loan or 
     disposal by the Federal Government, Space Shuttle program 
     hardware.
       (3) Prohibition on disposition before completion of plan.--
     The Administrator shall not dispose of any Space Shuttle 
     program hardware before the plan required by paragraph (1) is 
     submitted to Congress.
       (b) Space Shuttle Transition Liaison Office.--
       (1) Establishment.--The Administrator shall develop a plan 
     and establish a Space Shuttle Transition Liaison Office 
     within the Office of Human Capital Management of NASA to 
     assist local communities affected by the termination of the 
     Space Shuttle program in mitigating the negative impacts on 
     such communities caused by such termination. The plan shall 
     define the size of the affected local community that would 
     receive assistance described in paragraph (2).
       (2) Manner of assistance.--In providing assistance under 
     paragraph (1), the office established under such paragraph 
     shall--
       (A) offer nonfinancial, technical assistance to communities 
     described in such paragraph to assist in the mitigation 
     described in such paragraph; and
       (B) serve as a clearinghouse to assist such communities in 
     identifying services available from other Federal, State, and 
     local agencies to assist in such mitigation.
       (3) Termination of office.--The office established under 
     paragraph (1) shall terminate 2 years after the completion of 
     the last Space Shuttle flight.
       (4) Submission.--Not later than 180 days after the date of 
     enactment of this Act, NASA shall provide a copy of the plan 
     required by paragraph (1) to the Congress.

     SEC. 614. AEROSPACE SKILLS RETENTION AND INVESTMENT 
                   REUTILIZATION REPORT.

       (a) In General.--The Administrator shall, in consultation 
     with other Federal agencies, as appropriate--
       (1) carry out an analysis of the facilities and human 
     capital resources that will become available as a result of 
     the retirement of the Space Shuttle program; and
       (2) identify on-going or future Federal programs and 
     projects that could use such facilities and resources.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report--
       (1) on the analysis required by paragraph (1) of subsection 
     (a), including the findings of the Administrator with respect 
     to such analysis; and
       (2) describing the programs and projects identified under 
     paragraph (2) of such subsection.

     SEC. 615. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH 
                   BENEFITS.

       (a) In General.--Section 8905a(d) of title 5, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(6)(A) If the basis for continued coverage under this 
     section is, as a result of the termination of the Space 
     Shuttle Program, an involuntary separation from a position 
     due to a reduction-in-force or declination of a directed 
     reassignment or transfer of function, or a voluntary 
     separation from a surplus position in the National 
     Aeronautics and Space Administration--
       ``(i) the individual shall be liable for not more than the 
     employee contributions referred to in paragraph (1)(A)(i); 
     and
       ``(ii) the National Aeronautics and Space Administration 
     shall pay the remaining portion of the amount required under 
     paragraph (1)(A).
       ``(B) This paragraph shall only apply with respect to 
     individuals whose continued coverage is based on a separation 
     occurring on or after the date of enactment of this paragraph 
     and before December 31, 2010.
       ``(C) For purposes of this paragraph, `surplus position' 
     means a position which is--
       ``(i) identified in pre-reduction-in-force planning as no 
     longer required, and which is expected to be eliminated under 
     formal reduction-in-force procedures as a result of the 
     termination of the Space Shuttle Program; or
       ``(ii) encumbered by an employee who has received official 
     certification from the National Aeronautics and Space 
     Administration consistent with the Administration's career 
     transition assistance program regulations that the position 
     is being abolished as a result of the termination of the 
     Space Shuttle Program.''.
       (b) Conforming Amendment.--Paragraph (1)(A) of such 
     subsection (d) is amended by striking ``(4) and (5)'' and 
     inserting ``(4), (5), and (6)''.

     SEC. 616. ACCOUNTING REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Administrator shall provide to the Committee on Science 
     and Technology of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report that will summarize any actions taken or 
     planned to be taken during fiscal years 2008 and 2009 to 
     begin reductions in expenditures and activities related to 
     the Space Shuttle program. The report shall include a summary 
     of any actual or anticipated cost savings to the Space 
     Shuttle program relative to the FY 2008 and FY 2009 Space 
     Shuttle program budgets and runout projections as a result of 
     such actions, as well as a summary of any actual or 
     anticipated liens or budgetary challenges to the Space 
     Shuttle program during fiscal years 2008 and 2009.

                      Subtitle C--Launch Services

     SEC. 621. LAUNCH SERVICES STRATEGY.

       (a) In General.--In preparation for the award of contracts 
     to follow up on the current NASA Launch Services (NLS) 
     contracts, the Administrator shall develop a strategy for 
     providing domestic commercial launch services in support of 
     NASA's small and medium-sized Science, Space Operations, and 
     Exploration missions, consistent with current law and policy.
       (b) Report.--The Administrator shall transmit a report to 
     the Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate describing the strategy 
     developed under subsection (a) not later than 90 days after 
     the date of enactment of this Act. The report shall provide, 
     at a minimum--
       (1) the results of the Request for Information on small to 
     medium-sized launch services released on April 22, 2008;
       (2) an analysis of possible alternatives to maintain small 
     and medium-sized lift capabilities after June 30, 2010, 
     including the use of the Department of Defense's Evolved 
     Expendable Launch Vehicle (EELV);
       (3) the recommended alternatives, and associated 5-year 
     budget plans starting in October 2010 that would enable their 
     implementation; and
       (4) a contingency plan in the event the recommended 
     alternatives described in paragraph (3) are not available 
     when needed.

                          TITLE VII--EDUCATION

     SEC. 701. RESPONSE TO REVIEW.

       (a) Plan.--The Administrator shall prepare a plan 
     identifying actions taken or planned in response to the 
     recommendations of the National Academies report, ``NASA's 
     Elementary and Secondary Education Program: Review and 
     Critique''. For those actions that have not been implemented, 
     the plan shall include a schedule and budget required to 
     support the actions.
       (b) Report.--The plan prepared under subsection (a) shall 
     be transmitted to the Committee on Science and Technology of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate not later than 1 
     year after the date of enactment of this Act.

     SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.

       (a) Review.--The Administrator shall make arrangements for 
     an independent external review of the Explorer Schools 
     program to evaluate its goals, status, plans, and 
     accomplishments.
       (b) Report.--The report of the independent external review 
     shall be transmitted to the Committee on Science and 
     Technology of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate not 
     later than 1 year after the date of enactment of this Act.

[[Page 21751]]



     SEC. 703. SENSE OF CONGRESS ON EARTHKAM AND ROBOTICS 
                   COMPETITIONS.

       It is the sense of Congress that NASA's educational 
     programs are important sources of inspiration and hands-on 
     learning for the next generation of engineers and scientists 
     and should be supported. In that regard, programs such as 
     EarthKAM, which brings NASA directly into American classrooms 
     by enabling students to talk directly with astronauts aboard 
     the International Space Station and to take photographs of 
     Earth from space, and NASA involvement in robotics 
     competitions for students of all levels, are particularly 
     worthy undertakings and NASA should support them and look for 
     additional opportunities to engage students through NASA's 
     space and aeronautics activities.

     SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE OF NASA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the International Space Station offers a unique opportunity 
     for Federal agencies to engage students in science, 
     technology, engineering, and mathematics education. Congress 
     encourages NASA to include other Federal agencies in its 
     planning efforts to use the International Space Station 
     National Laboratory for science, technology, engineering, and 
     mathematics educational activities.
       (b) Experimental Program to Stimulate Competitive 
     Research.--In order to ensure that research expertise and 
     talent throughout the Nation is developed and engaged in NASA 
     research and education activities, NASA shall, as part of its 
     annual budget submission, detail additional steps that can be 
     taken to further integrate the participating EPSCoR States in 
     both existing and new or emerging NASA research programs and 
     center activities.
       (c) National Space Grant College and Fellowship Program.--
     NASA shall continue its emphasis on the importance of 
     education to expand opportunities for Americans to understand 
     and participate in NASA's aeronautics and space projects by 
     supporting and enhancing science and engineering education, 
     research, and public outreach efforts.

                     TITLE VIII--NEAR-EARTH OBJECTS

     SEC. 801. REAFFIRMATION OF POLICY.

       (a) Reaffirmation of Policy on Surveying Near-Earth 
     Asteroids and Comets.--Congress reaffirms the policy set 
     forth in section 102(g) of the National Aeronautics and Space 
     Act of 1958 (42 U.S.C. 2451(g)) (relating to surveying near-
     Earth asteroids and comets).
       (b) Sense of Congress on Benefits of Near-Earth Object 
     Program Activities.--It is the sense of Congress that the 
     near-Earth object program activities of NASA will provide 
     benefits to the scientific and exploration activities of 
     NASA.

     SEC. 802. FINDINGS.

       Congress makes the following findings:
       (1) Near-Earth objects pose a serious and credible threat 
     to humankind, as many scientists believe that a major 
     asteroid or comet was responsible for the mass extinction of 
     the majority of the Earth's species, including the dinosaurs, 
     nearly 65,000,000 years ago.
       (2) Several such near-Earth objects have only been 
     discovered within days of the objects' closest approach to 
     Earth and recent discoveries of such large objects indicate 
     that many large near-Earth objects remain undiscovered.
       (3) Asteroid and comet collisions rank as one of the most 
     costly natural disasters that can occur.
       (4) The time needed to eliminate or mitigate the threat of 
     a collision of a potentially hazardous near-Earth object with 
     Earth is measured in decades.
       (5) Unlike earthquakes and hurricanes, asteroids and comets 
     can provide adequate collision information, enabling the 
     United States to include both asteroid-collision and comet-
     collision disaster recovery and disaster avoidance in its 
     public-safety structure.
       (6) Basic information is needed for technical and policy 
     decisionmaking for the United States to create a 
     comprehensive program in order to be ready to eliminate and 
     mitigate the serious and credible threats to humankind posed 
     by potentially hazardous near-Earth asteroids and comets.
       (7) As a first step to eliminate and to mitigate the risk 
     of such collisions, situation and decision analysis 
     processes, as well as procedures and system resources, must 
     be in place well before a collision threat becomes known.

     SEC. 803. REQUESTS FOR INFORMATION.

       The Administrator shall issue requests for information on--
       (1) a low-cost space mission with the purpose of 
     rendezvousing with, attaching a tracking device, and 
     characterizing the Apophis asteroid; and
       (2) a medium-sized space mission with the purpose of 
     detecting near-Earth objects equal to or greater than 140 
     meters in diameter.

     SEC. 804. ESTABLISHMENT OF POLICY WITH RESPECT TO THREATS 
                   POSED BY NEAR-EARTH OBJECTS.

       Within 2 years after the date of enactment of this Act, the 
     Director of the OSTP shall--
       (1) develop a policy for notifying Federal agencies and 
     relevant emergency response institutions of an impending 
     near-Earth object threat, if near-term public safety is at 
     risk; and
       (2) recommend a Federal agency or agencies to be 
     responsible for--
       (A) protecting the United States from a near-Earth object 
     that is expected to collide with Earth; and
       (B) implementing a deflection campaign, in consultation 
     with international bodies, should one be necessary.

     SEC. 805. PLANETARY RADAR CAPABILITY.

       The Administrator shall maintain a planetary radar that is 
     comparable to the capability provided through the Deep Space 
     Network Goldstone facility of NASA.

     SEC. 806. ARECIBO OBSERVATORY.

       Congress reiterates its support for the use of the Arecibo 
     Observatory for NASA-funded near-Earth object-related 
     activities. The Administrator, using funds authorized in 
     section 101(a)(1)(B), shall ensure the availability of the 
     Arecibo Observatory's planetary radar to support these 
     activities until the National Academies' review of NASA's 
     approach for the survey and deflection of near-Earth objects, 
     including a determination of the role of Arecibo, that was 
     directed to be undertaken by the Fiscal Year 2008 Omnibus 
     Appropriations Act, is completed.

     SEC. 807. INTERNATIONAL RESOURCES.

       It is the sense of Congress that, since an estimated 25,000 
     asteroids of concern have yet to be discovered and monitored, 
     the United States should seek to obtain commitments for 
     cooperation from other nations with significant resources for 
     contributing to a thorough and timely search for such objects 
     and an identification of their characteristics.

                    TITLE IX--COMMERCIAL INITIATIVES

     SEC. 901. SENSE OF CONGRESS.

       It is the sense of Congress that a healthy and robust 
     commercial sector can make significant contributions to the 
     successful conduct of NASA's space exploration program. While 
     some activities are inherently governmental in nature, there 
     are many other activities, such as routine supply of water, 
     fuel, and other consumables to low Earth orbit or to 
     destinations beyond low Earth orbit, and provision of power 
     or communications services to lunar outposts, that 
     potentially could be carried out effectively and efficiently 
     by the commercial sector at some point in the future. 
     Congress encourages NASA to look for such service 
     opportunities and, to the maximum extent practicable, make 
     use of the commercial sector to provide those services. It is 
     further the sense of Congress that United States 
     entrepreneurial space companies have the potential to develop 
     and deliver innovative technology solutions at affordable 
     costs. NASA is encouraged to use United States 
     entrepreneurial space companies to conduct appropriate 
     research and development activities. NASA is further 
     encouraged to seek ways to ensure that firms that rely on 
     fixed-price proposals are not disadvantaged when NASA seeks 
     to procure technology development.

     SEC. 902. COMMERCIAL CREW INITIATIVE.

       (a) In General.--In order to stimulate commercial use of 
     space, help maximize the utility and productivity of the 
     International Space Station, and enable a commercial means of 
     providing crew transfer and crew rescue services for the 
     International Space Station, NASA shall--
       (1) make use of United States commercially provided 
     International Space Station crew transfer and crew rescue 
     services to the maximum extent practicable, if those 
     commercial services have demonstrated the capability to meet 
     NASA-specified ascent, entry, and International Space Station 
     proximity operations safety requirements;
       (2) limit, to the maximum extent practicable, the use of 
     the Crew Exploration Vehicle to missions carrying astronauts 
     beyond low Earth orbit once commercial crew transfer and crew 
     rescue services that meet safety requirements become 
     operational;
       (3) facilitate, to the maximum extent practicable, the 
     transfer of NASA-developed technologies to potential United 
     States commercial crew transfer and rescue service providers, 
     consistent with United States law; and
       (4) issue a notice of intent, not later than 180 days after 
     the date of enactment of this Act, to enter into a funded, 
     competitively awarded Space Act Agreement with 2 or more 
     commercial entities for a Phase 1 Commercial Orbital 
     Transportation Services crewed vehicle demonstration program.
       (b) Congressional Intent.--It is the intent of Congress 
     that funding for the program described in subsection (a)(4) 
     shall not come at the expense of full funding of the amounts 
     authorized under section 101(3)(A), and for future fiscal 
     years, for Orion Crew Exploration Vehicle development, Ares I 
     Crew Launch Vehicle development, or International Space 
     Station cargo delivery.
       (c) Additional Technologies.--NASA shall make International 
     Space Station-compatible docking adaptors and other relevant 
     technologies available to the commercial crew providers 
     selected to service the International Space Station.
       (d) Crew Transfer and Crew Rescue Services Contract.--If a 
     commercial provider demonstrates the capability to provide 
     International Space Station crew transfer and crew rescue 
     services and to satisfy NASA ascent, entry, and International 
     Space

[[Page 21752]]

     Station proximity operations safety requirements, NASA shall 
     enter into an International Space Station crew transfer and 
     crew rescue services contract with that commercial provider 
     for a portion of NASA's anticipated International Space 
     Station crew transfer and crew rescue requirements from the 
     time the commercial provider commences operations under 
     contract with NASA through calendar year 2016, with an option 
     to extend the period of performance through calendar year 
     2020.

       TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES

     SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.

       (a) Report on Controls.--Not later than one year after the 
     date of enactment of this Act, the Comptroller General shall 
     transmit to the Committee on Science and Technology of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a review of 
     information security controls that protect NASA's information 
     technology resources and information from inadvertent or 
     deliberate misuse, fraudulent use, disclosure, modification, 
     or destruction. The review shall focus on networks servicing 
     NASA's mission directorates. In assessing these controls, the 
     review shall evaluate--
       (1) the network's ability to limit, detect, and monitor 
     access to resources and information, thereby safeguarding and 
     protecting them from unauthorized access;
       (2) the physical access to network resources; and
       (3) the extent to which sensitive research and mission data 
     is encrypted.
       (b) Restricted Report on Intrusions.--Not later than one 
     year after the date of enactment of this Act, and in 
     conjunction with the report described in subsection (a), the 
     Comptroller General shall transmit to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate a restricted report detailing results of vulnerability 
     assessments conducted by the Government Accountability Office 
     on NASA's network resources. Intrusion attempts during such 
     vulnerability assessments shall be divulged to NASA senior 
     management prior to their application. The report shall put 
     vulnerability assessment results in the context of 
     unauthorized accesses or attempts during the prior two years 
     and the corrective actions, recent or ongoing, that NASA has 
     implemented in conjunction with other Federal authorities to 
     prevent such intrusions.

     SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.

       (a) In General.--In order to sustain healthy Centers that 
     are capable of carrying out NASA's missions, the 
     Administrator shall ensure that adequate maintenance and 
     upgrading of those Center facilities is performed on a 
     regular basis.
       (b) Review.--The Administrator shall determine and 
     prioritize the maintenance and upgrade backlog at each of 
     NASA's Centers and associated facilities, and shall develop a 
     strategy and budget plan to reduce that maintenance and 
     upgrade backlog by 50 percent over the next five years.
       (c) Report.--The Administrator shall deliver a report to 
     Congress on the results of the activities undertaken in 
     subsection (b) concurrently with the delivery of the fiscal 
     year 2011 budget request.

     SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.

       (a) In General.--NASA's laboratories are a critical 
     component of NASA's research capabilities, and the 
     Administrator shall ensure that those laboratories remain 
     productive.
       (b) Review.--The Administrator shall enter into an 
     arrangement for an independent external review of NASA's 
     laboratories, including laboratory equipment, facilities, and 
     support services, to determine whether they are equipped and 
     maintained at a level adequate to support NASA's research 
     activities. The assessment shall also include an assessment 
     of the relative quality of NASA's in-house laboratory 
     equipment and facilities compared to comparable laboratories 
     elsewhere. The results of the review shall be provided to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate not later than 18 months after 
     the date of enactment of this Act.

     SEC. 1004. STUDY AND REPORT ON PROJECT ASSIGNMENT AND WORK 
                   ALLOCATION OF FIELD CENTERS.

       (a) Study.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall complete a 
     study of all field centers of NASA, including the Michoud 
     Assembly Facility.
       (2) Matters studied.--The study required by paragraph (1) 
     shall include the mission and future roles and 
     responsibilities of the field centers, including the Michoud 
     Assembly Facility, described in paragraph (1).
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     appropriate congressional committees a report on the study 
     required by subsection (a)(1).
       (2) Content.--The report required by paragraph (1) shall 
     include the following:
       (A) A comprehensive analysis of the work allocation of all 
     field centers of NASA, including the Michoud Assembly 
     Facility.
       (B) A description of the program and project roles, 
     functions, and activities assigned to each field center, 
     including the Michoud Assembly Facility.
       (C) Details on how field centers, including the Michoud 
     Assembly Facility, are selected and designated for lead and 
     support role work assignments (including program and contract 
     management assignments).

                       TITLE XI--OTHER PROVISIONS

     SEC. 1101. SPACE WEATHER.

       (a) Plan for Replacement of Advanced Composition Explorer 
     at L-1 Lagrangian Point.--
       (1) Plan.--The Director of OSTP shall develop a plan for 
     sustaining space-based measurements of solar wind from the L-
     1 Lagrangian point in space and for the dissemination of the 
     data for operational purposes. OSTP shall consult with NASA, 
     NOAA, and other Federal agencies, and with industry, in 
     developing the plan.
       (2) Report.--The Director shall transmit the plan to 
     Congress not later than 1 year after the date of enactment of 
     this Act.
       (b) Assessment of the Impact of Space Weather on 
     Aviation.--
       (1) Study.--The Director of OSTP shall enter into an 
     arrangement with the National Research Council for a study of 
     the impacts of space weather on the current and future United 
     States aviation industry, and in particular to examine the 
     risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR) 
     operations. The study shall--
       (A) examine space weather impacts on, at a minimum, 
     communications, navigation, avionics, and human health in 
     flight;
       (B) assess the benefits of space weather information and 
     services to reduce aviation costs and maintain safety; and
       (C) provide recommendations on how NOAA, the National 
     Science Foundation, and other relevant agencies, can most 
     effectively carry out research and monitoring activities 
     related to space weather and aviation.
       (2) Report.--A report containing the results of the study 
     shall be provided to the Committee on Science and Technology 
     of the House of Representatives and the Committee on 
     Commerce, Science, and Transportation of the Senate not later 
     than 1 year after the date of enactment of this Act.

     SEC. 1102. INITIATION OF DISCUSSIONS ON DEVELOPMENT OF 
                   FRAMEWORK FOR SPACE TRAFFIC MANAGEMENT.

       (a) Finding.--Congress finds that as more countries acquire 
     the capability for launching payloads into outer space, there 
     is an increasing need for a framework under which information 
     intended to promote safe access into outer space, operations 
     in outer space, and return from outer space to Earth free 
     from physical or radio-frequency interference can be shared 
     among those countries.
       (b) Discussions.--The Administrator shall, in consultation 
     with such other agencies of the Federal Government as the 
     Administrator considers appropriate, initiate discussions 
     with the appropriate representatives of other space-faring 
     countries to determine an appropriate frame-work under which 
     information intended to promote safe access into outer space, 
     operations in outer space, and return from outer space to 
     Earth free from physical or radio-frequency interference can 
     be shared among those nations.

     SEC. 1103. ASTRONAUT HEALTH CARE.

       (a) Survey.--The Administrator shall administer an 
     anonymous survey of astronauts and flight surgeons to 
     evaluate communication, relationships, and the effectiveness 
     of policies. The survey questions and the analysis of results 
     shall be evaluated by experts independent of NASA. The survey 
     shall be administered on at least a biennial basis.
       (b) Report.--The Administrator shall transmit a report of 
     the results of the survey to Congress not later than 90 days 
     following completion of the survey.

     SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS.

       (a) In General.--The Administrator shall enter into 
     agreements on a periodic basis with the National Academies 
     for independent assessments, also known as decadal surveys, 
     to take stock of the status and opportunities for Earth and 
     space science discipline fields and Aeronautics research and 
     to recommend priorities for research and programmatic areas 
     over the next decade.
       (b) Independent Cost Estimates.--The agreements described 
     in subsection(a) shall include independent estimates of the 
     life cycle costs and technical readiness of missions assessed 
     in the decadal surveys whenever possible.
       (c) Reexamination.--The Administrator shall request that 
     each National Academies decadal survey committee identify any 
     conditions or events, such as significant cost growth or 
     scientific or technological advances, that would warrant NASA 
     asking the National Academies to reexamine the priorities 
     that the decadal survey had established.

     SEC. 1105. INNOVATION PRIZES.

       (a) In General.--Prizes can play a useful role in 
     encouraging innovation in the development of technologies and 
     products that can assist NASA in its aeronautics and space 
     activities, and the use of such prizes by NASA should be 
     encouraged.

[[Page 21753]]

       (b) Amendments.--Section 314 of the National Aeronautics 
     and Space Act of 1958 is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Topics.--In selecting topics for prize competitions, 
     the Administrator shall consult widely both within and 
     outside the Federal Government, and may empanel advisory 
     committees. The Administrator shall give consideration to 
     prize goals such as the demonstration of the ability to 
     provide energy to the lunar surface from space-based solar 
     power systems, demonstration of innovative near-Earth object 
     survey and deflection strategies, and innovative approaches 
     to improving the safety and efficiency of aviation 
     systems.''; and
       (2) in subsection (i)(4) by striking ``$10,000,000'' and 
     inserting ``$50,000,000''.

     SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.

       (a) Study by Interagency Committee.--The Director of OSTP 
     shall work with other appropriate Federal agencies to 
     establish an interagency committee to conduct a study to--
       (1) identify the issues and challenges associated with 
     establishing space launch ranges and facilities that are 
     fully dedicated to commercial space missions in close 
     proximity to Federal launch ranges or other Federal 
     facilities; and
       (2) develop a coordinating mechanism such that States 
     seeking to establish such commercial space launch ranges will 
     be able to effectively and efficiently interface with the 
     Federal Government concerning issues related to the 
     establishment of such commercial launch ranges in close 
     proximity to Federal launch ranges or other Federal 
     facilities.
       (b) Report.--The Director shall, not later than May 31, 
     2010, submit to the Committee on Science and Technology of 
     the House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     results of the study conducted under subsection (a).

     SEC. 1107. NASA OUTREACH PROGRAM.

       (a) Establishment.--NASA shall competitively select an 
     organization to partner with NASA centers, aerospace 
     contractors, and academic institutions to carry out a program 
     to help promote the competitiveness of small, minority-owned, 
     and women-owned businesses in communities across the United 
     States through enhanced insight into the technologies of 
     NASA's space and aeronautics programs. The program shall 
     support the mission of NASA's Innovative Partnerships Program 
     with its emphasis on joint partnerships with industry, 
     academia, government agencies, and national laboratories.
       (b) Program Structure.--In carrying out the program 
     described in subsection (a), the organization shall support 
     the mission of NASA's Innovative Partnerships Program by 
     undertaking the following activities:
       (1) Facilitating the enhanced insight of the private sector 
     into NASA's technologies in order to increase the 
     competitiveness of the private sector in producing viable 
     commercial products.
       (2) Creating a network of academic institutions, aerospace 
     contractors, and NASA centers that will commit to donating 
     appropriate technical assistance to small businesses, giving 
     preference to socially and economically disadvantaged small 
     business concerns, small business concerns owned and 
     controlled by service-disabled veterans, and HUBZone small 
     business concerns. This paragraph shall not apply to any 
     contracting actions entered into or taken by NASA.
       (3) Creating a network of economic development 
     organizations to increase the awareness and enhance the 
     effectiveness of the program nationwide.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall submit a report to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate describing the efforts and accomplishments of the 
     program established under subsection (a) in support of NASA's 
     Innovative Partnerships Program. As part of the report, the 
     Administrator shall provide--
       (1) data on the number of small businesses receiving 
     assistance, jobs created and retained, and volunteer hours 
     donated by NASA, contractors, and academic institutions 
     nationwide;
       (2) an estimate of the total dollar value of the economic 
     impact made by small businesses that received technical 
     assistance through the program; and
       (3) an accounting of the use of funds appropriated for the 
     program.

     SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.

       NASA shall not initiate or implement a reduction-in-force, 
     or conduct any other involuntary separations of permanent, 
     non-Senior Executive Service, civil servant employees before 
     December 31, 2010, except for cause on charges of misconduct, 
     delinquency, or inefficiency.

     SEC. 1109. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY, 
                   AND COMMUNICATION WITHIN NASA.

       (a) Sense of the Congress.--It is the sense of Congress 
     that NASA should not dilute, distort, suppress, or impede 
     scientific research or the dissemination thereof.
       (b) Study.--Within 60 days after the date of enactment of 
     this Act, the Comptroller General shall--
       (1) initiate a study to be completed within 270 days to 
     determine whether the regulations set forth in part 1213 of 
     title 14, Code of Federal Regulations, are being implemented 
     in a clear and consistent manner by NASA to ensure the 
     dissemination of research; and
       (2) transmit a report to the Congress setting forth the 
     Comptroller General's findings, conclusions, and 
     recommendations.
       (c) Research.--The Administrator shall work to ensure that 
     NASA's policies on the sharing of climate related data 
     respond to the recommendations of the Government 
     Accountability Office's report on climate change research and 
     data-sharing policies and to the recommendations on the 
     processing, distribution, and archiving of data by the 
     National Academies Earth Science Decadal Survey, ``Earth 
     Science and Applications from Space'', and other relevant 
     National Academies reports, to enhance and facilitate their 
     availability and widest possible use to ensure public access 
     to accurate and current data on global warming.

     SEC. 1110. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST 
                   WORKFORCE.

       It is the sense of Congress that--
       (1) a robust and highly skilled workforce is critical to 
     the success of NASA's programs;
       (2) voluntary attrition, the retirement of many senior 
     workers, and difficulties in recruiting could leave NASA 
     without access to the intellectual capital necessary to 
     compete with its global competitors; and
       (3) NASA should work cooperatively with other agencies of 
     the United States Government responsible for programs related 
     to space and the aerospace industry to develop and implement 
     policies, including those with an emphasis on improving 
     science, technology, engineering, and mathematics education 
     at all levels, to sustain and expand the diverse workforce 
     available to NASA.

     SEC. 1111. METHANE INVENTORY.

       Within 12 months after the date of enactment of this Act, 
     the Director of OSTP, in conjunction with the Administrator, 
     the Administrator of NOAA, and other appropriate Federal 
     agencies and academic institutions, shall develop a plan, 
     including a cost estimate and timetable, and initiate an 
     inventory of natural methane stocks and fluxes in the polar 
     region of the United States.

     SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT 
                   REQUIREMENT.

       Section 526(a) of the Energy Independence and Security Act 
     of 2007 (42 U.S.C. 17142(a)) does not prohibit NASA from 
     entering into a contract to purchase a generally available 
     fuel that is not an alternative or synthetic fuel or 
     predominantly produced from a nonconventional petroleum 
     source, if--
       (1) the contract does not specifically require the 
     contractor to provide an alternative or synthetic fuel or 
     fuel from a nonconventional petroleum source;
       (2) the purpose of the contract is not to obtain an 
     alternative or synthetic fuel or fuel from a nonconventional 
     petroleum source; and
       (3) the contract does not provide incentives for a refinery 
     upgrade or expansion to allow a refinery to use or increase 
     its use of fuel from a nonconventional petroleum source.

     SEC. 1113. SENSE OF CONGRESS ON THE IMPORTANCE OF THE NASA 
                   OFFICE OF PROGRAM ANALYSIS AND EVALUATION.

       (a) Office of Program Analysis and Evaluation.--It is the 
     sense of Congress that it is important for NASA to maintain 
     an Office of Program Analysis and Evaluation that has as its 
     mission:
       (1) To develop strategic plans for NASA in accordance with 
     section 306 of title 5, United States Code.
       (2) To develop annual performance plans for NASA in 
     accordance with section 1115 of title 31, United States Code.
       (3) To provide analysis and recommendations to the 
     Administrator on matters relating to the planning and 
     programming phases of the Planning, Programming, Budgeting, 
     and Execution system of NASA.
       (4) To provide analysis and recommendations to the 
     Administrator on matters relating to acquisition management 
     and program oversight, including cost-estimating processes, 
     contractor cost reporting processes, and contract performance 
     assessments.
       (b) Objectives.--It is further the sense of Congress that 
     in performing those functions, the objectives of the Office 
     should be the following:
       (1) To align NASA's mission, strategic plan, budget, and 
     performance plan with strategic goals and institutional 
     requirements of NASA.
       (2) To provide objective analysis of programs and 
     institutions of NASA--
       (A) to generate investment options for NASA; and
       (B) to inform strategic decision making in NASA.
       (3) To enable cost-effective, strategically aligned 
     execution of programs and projects by NASA.
       (4) To perform independent cost estimation in support of 
     NASA decision making and establishment of standards for 
     agency cost analysis.
       (5) To ensure that budget formulation and execution are 
     consistent with strategic investment decisions of NASA.

[[Page 21754]]

       (6) To provide independent program and project reviews that 
     address the credibility of technical, cost, schedule, risk, 
     and management approaches with respect to available 
     resources.
       (7) To facilitate progress by NASA toward meeting the 
     commitments of NASA.

     SEC. 1114. SENSE OF CONGRESS ON ELEVATING THE IMPORTANCE OF 
                   SPACE AND AERONAUTICS WITHIN THE EXECUTIVE 
                   OFFICE OF THE PRESIDENT.

       It is the sense of Congress that the President should 
     elevate the importance of space and aeronautics within the 
     Executive Office of the President by organizing the 
     interagency focus on space and aeronautics matters in as 
     effective a manner as possible, such as by means of the 
     National Space Council authorized by section 501 of the 
     National Aeronautics and Space Administration Authorization 
     Act, Fiscal Year 1989 (42 U.S.C. 2471) or other appropriate 
     mechanisms.

     SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CENTERS.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall complete a 
     study on the leasing practices of all field centers of NASA, 
     including the Michoud Assembly Facility. Such study shall 
     include the following:
       (1) The method by which overhead maintenance expenses are 
     distributed among tenants of such field centers.
       (2) Identification of the impacts of such method on 
     attracting businesses and partnerships to such field centers.
       (3) Identification of the steps that can be taken to 
     mitigate any adverse impacts identified under paragraph (2).
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Science and Technology of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the study required 
     by subsection (a), including the following:
       (1) The findings of the Administrator with respect to such 
     study.
       (2) A description of the impacts identified under 
     subsection (a)(2).
       (3) The steps identified under subsection (a)(3).

     SEC. 1116. COOPERATIVE UNMANNED AERIAL VEHICLE ACTIVITIES.

       The Administrator, in cooperation with the Administrator of 
     NOAA and in coordination with other agencies that have 
     existing civil capabilities, shall continue to utilize the 
     capabilities of unmanned aerial vehicles as appropriate in 
     support of NASA and interagency cooperative missions. The 
     Administrator may enter into cooperative agreements with 
     universities with unmanned aerial vehicle programs and 
     related assets to conduct collaborative research and 
     development activities, including development of appropriate 
     applications of small unmanned aerial vehicle technologies 
     and systems in remote areas.

     SEC. 1117. DEVELOPMENT OF ENHANCED-USE LEASE POLICY.

       (a) In General.--The Administrator shall develop an agency-
     wide enhanced-use lease policy that--
       (1) is based upon sound business practices and lessons 
     learned from the demonstration centers; and
       (2) establishes controls and procedures to ensure 
     accountability and protect the interests of the Government.
       (b) Contents.--The policy required by subsection (a) shall 
     include the following:
       (1) Criteria for determining whether enhanced-use lease 
     provides better economic value to the Government than other 
     options, such as--
       (A) Federal financing through appropriations; or
       (B) sale of the property.
       (2) Requirement for the identification of proposed physical 
     and procedural changes needed to ensure security and restrict 
     access to specified areas, coordination of proposed changes 
     with existing site tenants, and development of estimated 
     costs of such changes.
       (3) Measures of effectiveness for the enhanced-use lease 
     program.
       (4) Accounting controls and procedures to ensure 
     accountability, such as an audit trail and documentation to 
     readily support financial transactions.
       (c) Annual Report.--Section 315(f) of the National 
     Aeronautics and Space Administration Act of 1958 (42 U.S.C. 
     2459j(f)) is amended to read as follows:
       ``(f) Reporting Requirements.--The Administrator shall 
     submit an annual report by January 31st of each year. Such 
     report shall include the following:
       ``(1) Information that identifies and quantifies the value 
     of the arrangements and expenditures of revenues received 
     under this section.  
       ``(2) The availability and use of funds received under this 
     section for the Agency's operating plan.''.
       (d) Distribution of Cash Consideration Received.--
       (1) In general.--Section 315(b)(3)(B) of such Act (42 
     U.S.C. 2459j(b)(3)(B)) is amended to read as follows:
       ``(B) Of any amounts of cash consideration received under 
     this subsection that are not utilized in accordance with 
     subparagraph (A)--
       ``(i) 35 percent shall be deposited in a capital asset 
     account to be established by the Administrator, shall be 
     available for maintenance, capital revitalization, and 
     improvements of the real property assets and related personal 
     property under the jurisdiction of the Administrator, and 
     shall remain available until expended; and
       ``(ii) the remaining 65 percent shall be available to the 
     respective center or facility of the Administration engaged 
     in the lease of nonexcess real property, and shall remain 
     available until expended for maintenance, capital 
     revitalization, and improvements of the real property assets 
     and related personal property at the respective center or 
     facility subject to the concurrence of the Administrator.''.
       (2) Conforming amendments.--Section 533 of the Consolidated 
     Appropriations Act, 2008 (Pub1ic Law 110-161; 121 Stat. 1931) 
     is amended--
       (A) by amending subsection (b)(4) to read as follows:
       ``(4) in paragraph (2), as redesignated by paragraph (3) of 
     this subsection, by adding at the end the following new 
     subparagraph:
       `` `(C) Amounts utilized under subparagraph (B) may not be 
     utilized for daily operating costs.'.''; and
       (B) in subsection (d)--
       (i) by striking ``the following new subsection (f)'' and 
     inserting ``the following new subsection''; and
       (ii) in the quoted matter, by redesignating subsection (f) 
     as subsection (g).

     SEC. 1118. SENSE OF CONGRESS WITH RESPECT TO THE MICHOUD 
                   ASSEMBLY FACILITY AND NASA'S OTHER CENTERS AND 
                   FACILITIES.

       It is the sense of Congress that the Michoud Assembly 
     Facility represents a unique resource in the facilitation of 
     the Nation's exploration programs and that every effort 
     should be made to ensure the effective utilization of that 
     resource, as well as NASA's other centers and facilities.

     SEC. 1119. REPORT ON U.S. INDUSTRIAL BASE FOR LAUNCH VEHICLE 
                   ENGINES.

       Not later than 180 days after the date of Enactment of this 
     Act, the Director of the Office of Science and Technology 
     Policy shall submit to Congress a report setting forth the 
     assessment of the Director as to the capacity of the United 
     States industrial base for development and production of 
     engines to meet United States Government and commercial 
     requirements for space launch vehicles. The Report required 
     by this section shall include information regarding existing, 
     pending, and planned engine developments across a broad 
     spectrum of thrust capabilities, including propulsion for 
     sub-orbital, small, medium, and heavy-lift space launch 
     vehicles.

     SEC. 1120. SENSE OF CONGRESS ON PRECURSOR INTERNATIONAL SPACE 
                   STATION RESEARCH.

       It is the Sense of Congress that NASA is taking positive 
     steps to utilize the Space Shuttle as a platform for 
     precursor International Space Station research by maximizing 
     to the extent practicable the use of middeck accommodations, 
     including soft stowage, for near-term scientific and 
     commercial applications on remaining Space Shuttle flights, 
     and the Administrator is strongly encouraged to continue to 
     promote the effective utilization of the Space Shuttle for 
     precursor research within the constraints of the 
     International Space Station assembly requirements.

     SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES.

       (a) In General.--There are authorized to be appropriated 
     not more than $5,000,000 for any expenses related to 
     conferences, including conference programs, travel costs, and 
     related expenses. No funds authorized under this Act may be 
     used to support a Space Flight Awareness Launch Honoree Event 
     conference. The total amount of the funds available under 
     this Act for other Space Flight Awareness Honoree-related 
     activities in fiscal year 2009 may not exceed \1/2\ of the 
     total amount of funds from all sources obligated or expended 
     on such activities in fiscal year 2008.
       (b) Quarterly Reports.--The Administrator shall submit 
     quarterly reports to the Inspector General of NASA regarding 
     the costs and contracting procedures relating to each 
     conference held by NASA during fiscal year 2009 for which the 
     cost to the Government is more than $20,000. Each report 
     shall include, for each conference described in that 
     subsection held during the applicable quarter--
       (1) a description of the subject of and number of 
     participants attending, the conference, including the number 
     of NASA employees attending and the number of contractors 
     attending at agency expense;
       (2) a detailed statement of the costs to the Government 
     relating to the conference, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services; and
       (C) a discussion of the methodology used to determine which 
     costs relate to the conference; and

[[Page 21755]]

        (D) cost of any room, board, travel, and per diem 
     expenses; and
       (3) a description of the contracting procedures relating to 
     the conference, including--
       (A) whether contracts were awarded on a competitive basis 
     for that conference; and
       (B) a discussion of any cost comparison conducted by NASA 
     in evaluating potential contractors for that conference.

     SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to Congress a report that contains a 
     review of NASA programs and associated activities with an 
     annual funding level of more than $50,000,000 that appear to 
     be similar in scope and purpose to other activities within 
     the Federal government, that includes--
       (1) a brief description of each NASA program reviewed and 
     its subordinate activities;
       (2) the annual and cumulative appropriation amounts 
     expended for each program reviewed and its subordinate 
     activities since fiscal year 2005;
       (3) a brief description of each Federal program and its 
     subordinate activities that appears to have a similar scope 
     and purpose to a NASA program; and
       (4) a review of the formal and informal processes by which 
     NASA coordinates with other Federal agencies to ensure that 
     its programs and activities are not duplicative of similar 
     efforts within the Federal government and that the programs 
     and activities meet the core mission of NASA, and the degree 
     of transparency and accountability afforded by those 
     processes.
       (b) Duplicative Programs.--If the Comptroller General 
     determines, under subsection (a)(4), that any deficiency 
     exists in the NASA procedures intended to avoid or eliminate 
     conflict or duplication with other Federal agency activities, 
     the Comptroller General shall include a recommendation as to 
     how such procedures should be modified to ensure similar 
     programs and associated activities can be consolidated, 
     eliminated, or streamlined within NASA or within other 
     Federal agencies to improve efficiency.
                                 ______
                                 
  SA 5649. Mr. NELSON of Florida (for Mr. Levin (for himself and Mr. 
Voinovich)) proposed an amendment to the bill H.R. 6460, to amend the 
Federal Water Pollution Control Act to provide for the remediation of 
sediment contamination in areas of concern, and for other purposes; as 
follows:

       Strike section 3(f) and all that follows and insert the 
     following:
       (f) Authorization of Appropriations.--Section 118(c)(12)(H) 
     of such Act (33 U.S.C. 1268(c)(12)(H)) is amended--
       (1) by striking clause (i) and inserting the following:
       ``(i) In general.--In addition to other amounts authorized 
     under this section, there is authorized to be appropriated to 
     carry out this paragraph $50,000,000 for each of fiscal years 
     2004 through 2010.''; and
       (2) by adding at the end the following:
       ``(iii) Allocation of funds.--Not more than 20 percent of 
     the funds appropriated pursuant to clause (i) for a fiscal 
     year may be used to carry out subparagraph (F).''.
       (g) Public Information Program.--Section 118(c)(13)(B) of 
     such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking 
     ``2008'' and inserting ``2010''.

     SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.

       Section 106(b) of the Great Lakes Legacy Act of 2002 (33 
     U.S.C. 1271a(b)) is amended by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--In addition to any amounts authorized 
     under other provisions of law, there is authorized to be 
     appropriated to carry out this section $3,000,000 for each of 
     fiscal years 2004 through 2010.''.
                                 ______
                                 
  SA 5650. Mr. DURBIN (for Mr. Biden (for himself, Mr. Schumer, Mr. 
Hatch, Mr. Brown, Mr. Alexander, Mr. Carper, Mr. Allard, Mr. Casey, Mr. 
Barrasso, Mr. Dodd, Mr. Brownback, Mrs. Murray, Mr. Chambliss, Mr. 
Nelson of Nebraska, Mr. Crapo, Mr. Nelson of Florida, Mr. Cornyn, Mr. 
Obama, Mr. Coburn, Mr. Pryor, Mr. Enzi, Mr. Tester, Mr. Graham, Mr. 
Grassley, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Kyl, Mr. 
Martinez, Mr. McCain, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr. Smith, 
Mr. Sununu, Mr. Thune, Mr. Vitter, Mr. McConnell, Mr. Voinovich, Mr. 
Bennett, Mr. Specter, and Mr. Reid)) proposed an amendment to the bill 
S. 1738, to require the Department of Justice to develop and implement 
a National Strategy Child Exploitation Prevention and Interdiction, to 
improve the Internet Crimes Against Children Task Force, to increase 
resources for regional computer forensic labs, and to make other 
improvements to increase the ability of law enforcement agencies to 
investigate and prosecute child predators; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Providing 
     Resources, Officers, and Technology To Eradicate Cyber 
     Threats to Our Children Act of 2008'' or the ``PROTECT Our 
     Children Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

   TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND 
                              INTERDICTION

Sec. 101. Establishment of National Strategy for Child Exploitation 
              Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.

       TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

Sec. 201. Additional regional computer forensic labs.

           TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

Sec. 301. Prohibit the broadcast of live images of child abuse.
Sec. 302. Amendment to section 2256 of title 18, United States Code.
Sec. 303. Amendment to section 2260 of title 18, United States Code.
Sec. 304. Prohibiting the adaptation or modification of an image of an 
              identifiable minor to produce child pornography.

     TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

Sec. 401. NIJ study of risk factors for assessing dangerousness.

         TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

Sec. 501. Reporting requirements of electronic communication service 
              providers and remote computing service providers.
Sec. 502. Reports.
Sec. 503. Severability.

     SEC. 2. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Child exploitation.--The term ``child exploitation'' 
     means any conduct, attempted conduct, or conspiracy to engage 
     in conduct involving a minor that violates section 1591, 
     chapter 109A, chapter 110, and chapter 117 of title 18, 
     United States Code, or any sexual activity involving a minor 
     for which any person can be charged with a criminal offense.
       (2) Child obscenity.--The term ``child obscenity'' means 
     any visual depiction proscribed by section 1466A of title 18, 
     United States Code.
       (3) Minor.--The term ``minor'' means any person under the 
     age of 18 years.
       (4) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given such term in section 
     2256 of title 18, United States Code.

   TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND 
                              INTERDICTION

     SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD 
                   EXPLOITATION PREVENTION AND INTERDICTION.

       (a) In General.--The Attorney General of the United States 
     shall create and implement a National Strategy for Child 
     Exploitation Prevention and Interdiction.
       (b) Timing.--Not later than 1 year after the date of 
     enactment of this Act and on February 1 of every second year 
     thereafter, the Attorney General shall submit to Congress the 
     National Strategy established under subsection (a).
       (c) Required Contents of National Strategy.--The National 
     Strategy established under subsection (a) shall include the 
     following:
       (1) Comprehensive long-range, goals for reducing child 
     exploitation.
       (2) Annual measurable objectives and specific targets to 
     accomplish long-term, quantifiable goals that the Attorney 
     General determines may be achieved during each year beginning 
     on the date when the National Strategy is submitted.
       (3) Annual budget priorities and Federal efforts dedicated 
     to combating child exploitation, including resources 
     dedicated to Internet Crimes Against Children task forces, 
     Project Safe Childhood, FBI Innocent Images Initiative, the 
     National Center for Missing and Exploited Children, regional 
     forensic computer labs, Internet Safety programs, and all 
     other entities whose goal or mission is to combat the 
     exploitation of children that receive Federal support.
       (4) A 5-year projection for program and budget goals and 
     priorities.
       (5) A review of the policies and work of the Department of 
     Justice related to the prevention and investigation of child 
     exploitation crimes, including efforts at the Office of 
     Justice Programs, the Criminal Division of the

[[Page 21756]]

     Department of Justice, the Executive Office of United States 
     Attorneys, the Federal Bureau of Investigation, the Office of 
     the Attorney General, the Office of the Deputy Attorney 
     General, the Office of Legal Policy, and any other agency or 
     bureau of the Department of Justice whose activities relate 
     to child exploitation.
       (6) A description of the Department's efforts to coordinate 
     with international, State, local, tribal law enforcement, and 
     private sector entities on child exploitation prevention and 
     interdiction efforts.
       (7) Plans for interagency coordination regarding the 
     prevention, investigation, and apprehension of individuals 
     exploiting children, including cooperation and collaboration 
     with--
       (A) Immigration and Customs Enforcement;
       (B) the United States Postal Inspection Service;
       (C) the Department of State;
       (D) the Department of Commerce;
       (E) the Department of Education;
       (F) the Department of Health and Human Services; and
       (G) other appropriate Federal agencies.
       (8) A review of the Internet Crimes Against Children Task 
     Force Program, including--
       (A) the number of ICAC task forces and location of each 
     ICAC task force;
       (B) the number of trained personnel at each ICAC task 
     force;
       (C) the amount of Federal grants awarded to each ICAC task 
     force;
       (D) an assessment of the Federal, State, and local 
     cooperation in each task force, including--
       (i) the number of arrests made by each task force;
       (ii) the number of criminal referrals to United States 
     attorneys for prosecution;
       (iii) the number of prosecutions and convictions from the 
     referrals made under clause (ii);
       (iv) the number, if available, of local prosecutions and 
     convictions based on ICAC task force investigations; and
       (v) any other information demonstrating the level of 
     Federal, State, and local coordination and cooperation, as 
     such information is to be determined by the Attorney General;
       (E) an assessment of the training opportunities and 
     technical assistance available to support ICAC task force 
     grantees; and
       (F) an assessment of the success of the Internet Crimes 
     Against Children Task Force Program at leveraging State and 
     local resources and matching funds.
       (9) An assessment of the technical assistance and support 
     available for Federal, State, local, and tribal law 
     enforcement agencies, in the prevention, investigation, and 
     prosecution of child exploitation crimes.
       (10) A review of the backlog of forensic analysis for child 
     exploitation cases at each FBI Regional Forensic lab and an 
     estimate of the backlog at State and local labs.
       (11) Plans for reducing the forensic backlog described in 
     paragraph (10), if any, at Federal, State and local forensic 
     labs.
       (12) A review of the Federal programs related to child 
     exploitation prevention and education, including those 
     related to Internet safety, including efforts by the private 
     sector and nonprofit entities, or any other initiatives, that 
     have proven successful in promoting child safety and Internet 
     safety.
       (13) An assessment of the future trends, challenges, and 
     opportunities, including new technologies, that will impact 
     Federal, State, local, and tribal efforts to combat child 
     exploitation.
       (14) Plans for liaisons with the judicial branches of the 
     Federal and State governments on matters relating to child 
     exploitation.
       (15) An assessment of Federal investigative and prosecution 
     activity relating to reported incidents of child exploitation 
     crimes, which shall include a number of factors, including--
       (A) the number of high-priority suspects (identified 
     because of the volume of suspected criminal activity or 
     because of the danger to the community or a potential victim) 
     who were investigated and prosecuted;
       (B) the number of investigations, arrests, prosecutions and 
     convictions for a crime of child exploitation; and
       (C) the average sentence imposed and statutory maximum for 
     each crime of child exploitation.
       (16) A review of all available statistical data indicating 
     the overall magnitude of child pornography trafficking in the 
     United States and internationally, including--
       (A) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement agencies and other sources of engaging in, peer-
     to-peer file sharing of child pornography;
       (B) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement agencies and other reporting sources of engaging 
     in, buying and selling, or other commercial activity related 
     to child pornography;
       (C) the number of computers or computer users, foreign and 
     domestic, observed engaging in, or suspected by law 
     enforcement agencies and other sources of engaging in, all 
     other forms of activity related to child pornography;
       (D) the number of tips or other statistical data from the 
     National Center for Missing and Exploited Children's 
     CybertTipline and other data indicating the magnitude of 
     child pornography trafficking; and
       (E) any other statistical data indicating the type, nature, 
     and extent of child exploitation crime in the United States 
     and abroad.
       (17) Copies of recent relevant research and studies related 
     to child exploitation, including--
       (A) studies related to the link between possession or 
     trafficking of child pornography and actual abuse of a child;
       (B) studies related to establishing a link between the 
     types of files being viewed or shared and the type of illegal 
     activity; and
       (C) any other research, studies, and available information 
     related to child exploitation.
       (18) A review of the extent of cooperation, coordination, 
     and mutual support between private sector and other entities 
     and organizations and Federal agencies, including the 
     involvement of States, local and tribal government agencies 
     to the extent Federal programs are involved.
       (19) The results of the Project Safe Childhood Conference 
     or other conferences or meetings convened by the Department 
     of Justice related to combating child exploitation.
       (d) Appointment of High-Level Official.--
       (1) In general.--The Attorney General shall designate a 
     senior official at the Department of Justice to be 
     responsible for coordinating the development of the National 
     Strategy established under subsection (a).
       (2) Duties.--The duties of the official designated under 
     paragraph (1) shall include--
       (A) acting as a liaison with all Federal agencies regarding 
     the development of the National Strategy;
       (B) working to ensure that there is proper coordination 
     among agencies in developing the National Strategy;
       (C) being knowledgeable about budget priorities and 
     familiar with all efforts within the Department of Justice 
     and the FBI related to child exploitation prevention and 
     interdiction; and
       (D) communicating the National Strategy to Congress and 
     being available to answer questions related to the strategy 
     at congressional hearings, if requested by committees of 
     appropriate jurisdictions, on the contents of the National 
     Strategy and progress of the Department of Justice in 
     implementing the National Strategy.

     SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.

       (a) Establishment.--
       (1) In general.--There is established within the Department 
     of Justice, under the general authority of the Attorney 
     General, a National Internet Crimes Against Children Task 
     Force Program (hereinafter in this title referred to as the 
     ``ICAC Task Force Program''), which shall consist of a 
     national program of State and local law enforcement task 
     forces dedicated to developing effective responses to online 
     enticement of children by sexual predators, child 
     exploitation, and child obscenity and pornography cases.
       (2) Intent of congress.--It is the purpose and intent of 
     Congress that the ICAC Task Force Program established under 
     paragraph (1) is intended to continue the ICAC Task Force 
     Program authorized under title I of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1998, and funded under title IV 
     of the Juvenile Justice and Delinquency Prevention Act of 
     1974.
       (b) National Program.--
       (1) State representation.--The ICAC Task Force Program 
     established under subsection (a) shall include at least 1 
     ICAC task force in each State.
       (2) Capacity and continuity of investigations.--In order to 
     maintain established capacity and continuity of 
     investigations and prosecutions of child exploitation cases, 
     the Attorney General, shall, in establishing the ICAC Task 
     Force Program under subsection (a) consult with and consider 
     all 59 task forces in existence on the date of enactment of 
     this Act. The Attorney General shall include all existing 
     ICAC task forces in the ICAC Task Force Program, unless the 
     Attorney General makes a determination that an existing ICAC 
     does not have a proven track record of success.
       (3) Ongoing review.--The Attorney General shall--
       (A) conduct periodic reviews of the effectiveness of each 
     ICAC task force established under this section; and
       (B) have the discretion to establish a new task force if 
     the Attorney General determines that such decision will 
     enhance the effectiveness of combating child exploitation 
     provided that the Attorney General notifies Congress in 
     advance of any such decision and that each state maintains at 
     least 1 ICAC task force at all times.
       (4) Training.--
       (A) In general.--The Attorney General may establish 
     national training programs to support the mission of the ICAC 
     task forces, including the effective use of the National 
     Internet Crimes Against Children Data System.
       (B) Limitation.--In establishing training courses under 
     this paragraph, the Attorney

[[Page 21757]]

     General may not award any one entity other than a law 
     enforcement agency more than $2,000,000 annually to establish 
     and conduct training courses for ICAC task force members and 
     other law enforcement officials.
       (C) Review.--The Attorney General shall--
       (i) conduct periodic reviews of the effectiveness of each 
     training session authorized by this paragraph; and
       (ii) consider outside reports related to the effective use 
     of Federal funding in making future grant awards for 
     training.

     SEC. 103. PURPOSE OF ICAC TASK FORCES.

       The ICAC Task Force Program, and each State or local ICAC 
     task force that is part of the national program of task 
     forces, shall be dedicated toward--
       (1) increasing the investigative capabilities of State and 
     local law enforcement officers in the detection, 
     investigation, and apprehension of Internet crimes against 
     children offenses or offenders, including technology-
     facilitated child exploitation offenses;
       (2) conducting proactive and reactive Internet crimes 
     against children investigations;
       (3) providing training and technical assistance to ICAC 
     task forces and other Federal, State, and local law 
     enforcement agencies in the areas of investigations, 
     forensics, prosecution, community outreach, and capacity-
     building, using recognized experts to assist in the 
     development and delivery of training programs;
       (4) increasing the number of Internet crimes against 
     children offenses being investigated and prosecuted in both 
     Federal and State courts;
       (5) creating a multiagency task force response to Internet 
     crimes against children offenses within each State;
       (6) participating in the Department of Justice's Project 
     Safe Childhood initiative, the purpose of which is to combat 
     technology-facilitated sexual exploitation crimes against 
     children;
       (7) enhancing nationwide responses to Internet crimes 
     against children offenses, including assisting other ICAC 
     task forces, as well as other Federal, State, and local 
     agencies with Internet crimes against children investigations 
     and prosecutions;
       (8) developing and delivering Internet crimes against 
     children public awareness and prevention programs; and
       (9) participating in such other activities, both proactive 
     and reactive, that will enhance investigations and 
     prosecutions of Internet crimes against children.

     SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.

       Each State or local ICAC task force that is part of the 
     national program of task forces shall--
       (1) consist of State and local investigators, prosecutors, 
     forensic specialists, and education specialists who are 
     dedicated to addressing the goals of such task force;
       (2) work consistently toward achieving the purposes 
     described in section 103;
       (3) engage in proactive investigations, forensic 
     examinations, and effective prosecutions of Internet crimes 
     against children;
       (4) provide forensic, preventive, and investigative 
     assistance to parents, educators, prosecutors, law 
     enforcement, and others concerned with Internet crimes 
     against children;
       (5) develop multijurisdictional, multiagency responses and 
     partnerships to Internet crimes against children offenses 
     through ongoing informational, administrative, and 
     technological support to other State and local law 
     enforcement agencies, as a means for such agencies to acquire 
     the necessary knowledge, personnel, and specialized equipment 
     to investigate and prosecute such offenses;
       (6) participate in nationally coordinated investigations in 
     any case in which the Attorney General determines such 
     participation to be necessary, as permitted by the available 
     resources of such task force;
       (7) establish or adopt investigative and prosecution 
     standards, consistent with established norms, to which such 
     task force shall comply;
       (8) investigate, and seek prosecution on, tips related to 
     Internet crimes against children, including tips from 
     Operation Fairplay, the National Internet Crimes Against 
     Children Data System established in section 105, the National 
     Center for Missing and Exploited Children's CyberTipline, 
     ICAC task forces, and other Federal, State, and local 
     agencies, with priority being given to investigative leads 
     that indicate the possibility of identifying or rescuing 
     child victims, including investigative leads that indicate a 
     likelihood of seriousness of offense or dangerousness to the 
     community;
       (9) develop procedures for handling seized evidence;
       (10) maintain--
       (A) such reports and records as are required under this 
     title; and
       (B) such other reports and records as determined by the 
     Attorney General; and
       (11) seek to comply with national standards regarding the 
     investigation and prosecution of Internet crimes against 
     children, as set forth by the Attorney General, to the extent 
     such standards are consistent with the law of the State where 
     the task force is located.

     SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA 
                   SYSTEM.

       (a) In General.--The Attorney General shall establish, 
     consistent with all existing Federal laws relating to the 
     protection of privacy, a National Internet Crimes Against 
     Children Data System. The system shall not be used to search 
     for or obtain any information that does not involve the use 
     of the Internet to facilitate child exploitation.
       (b) Intent of Congress.--It is the purpose and intent of 
     Congress that the National Internet Crimes Against Children 
     Data System established in subsection (a) is intended to 
     continue and build upon Operation Fairplay developed by the 
     Wyoming Attorney General's office, which has established a 
     secure, dynamic undercover infrastructure that has 
     facilitated online law enforcement investigations of child 
     exploitation, information sharing, and the capacity to 
     collect and aggregate data on the extent of the problems of 
     child exploitation.
       (c) Purpose of System.--The National Internet Crimes 
     Against Children Data System established under subsection (a) 
     shall be dedicated to assisting and supporting credentialed 
     law enforcement agencies authorized to investigate child 
     exploitation in accordance with Federal, State, local, and 
     tribal laws, including by providing assistance and support 
     to--
       (1) Federal agencies investigating and prosecuting child 
     exploitation;
       (2) the ICAC Task Force Program established under section 
     102;
       (3) State, local, and tribal agencies investigating and 
     prosecuting child exploitation; and
       (4) foreign or international law enforcement agencies, 
     subject to approval by the Attorney General.
       (d) Cyber Safe Deconfliction and Information Sharing.--The 
     National Internet Crimes Against Children Data System 
     established under subsection (a)--
       (1) shall be housed and maintained within the Department of 
     Justice or a credentialed law enforcement agency;
       (2) shall be made available for a nominal charge to support 
     credentialed law enforcement agencies in accordance with 
     subsection (c); and
       (3) shall--
       (A) allow Federal, State, local, and tribal agencies and 
     ICAC task forces investigating and prosecuting child 
     exploitation to contribute and access data for use in 
     resolving case conflicts;
       (B) provide, directly or in partnership with a credentialed 
     law enforcement agency, a dynamic undercover infrastructure 
     to facilitate online law enforcement investigations of child 
     exploitation;
       (C) facilitate the development of essential software and 
     network capability for law enforcement participants; and
       (D) provide software or direct hosting and support for 
     online investigations of child exploitation activities, or, 
     in the alternative, provide users with a secure connection to 
     an alternative system that provides such capabilities, 
     provided that the system is hosted within a governmental 
     agency or a credentialed law enforcement agency.
       (e) Collection and Reporting of Data.--
       (1) In general.--The National Internet Crimes Against 
     Children Data System established under subsection (a) shall 
     ensure the following:
       (A) Real-time reporting.--All child exploitation cases 
     involving local child victims that are reasonably detectable 
     using available software and data are, immediately upon their 
     detection, made available to participating law enforcement 
     agencies.
       (B) High-priority suspects.--Every 30 days, at minimum, the 
     National Internet Crimes Against Children Data System shall--
       (i) identify high-priority suspects, as such suspects are 
     determined by the volume of suspected criminal activity or 
     other indicators of seriousness of offense or dangerousness 
     to the community or a potential local victim; and
       (ii) report all such identified high-priority suspects to 
     participating law enforcement agencies.
       (C) Annual reports.--Any statistical data indicating the 
     overall magnitude of child pornography trafficking and child 
     exploitation in the United States and internationally is made 
     available and included in the National Strategy, as is 
     required under section 101(c)(16).
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit the ability of participating law 
     enforcement agencies to disseminate investigative leads or 
     statistical information in accordance with State and local 
     laws.
       (f) Mandatory Requirements of Network.--The National 
     Internet Crimes Against Children Data System established 
     under subsection (a) shall develop, deploy, and maintain an 
     integrated technology and training program that provides--
       (1) a secure, online system for Federal law enforcement 
     agencies, ICAC task forces, and other State, local, and 
     tribal law enforcement agencies for use in resolving case 
     conflicts, as provided in subsection (d);
       (2) a secure system enabling online communication and 
     collaboration by Federal law enforcement agencies, ICAC task 
     forces, and

[[Page 21758]]

     other State, local, and tribal law enforcement agencies 
     regarding ongoing investigations, investigatory techniques, 
     best practices, and any other relevant news and professional 
     information;
       (3) a secure online data storage and analysis system for 
     use by Federal law enforcement agencies, ICAC task forces, 
     and other State, local, and tribal law enforcement agencies;
       (4) secure connections or interaction with State and local 
     law enforcement computer networks, consistent with reasonable 
     and established security protocols and guidelines;
       (5) guidelines for use of the National Internet Crimes 
     Against Children Data System by Federal, State, local, and 
     tribal law enforcement agencies and ICAC task forces; and
       (6) training and technical assistance on the use of the 
     National Internet Crimes Against Children Data System by 
     Federal, State, local, and tribal law enforcement agencies 
     and ICAC task forces.
       (g) National Internet Crimes Against Children Data System 
     Steering Committee.--The Attorney General shall establish a 
     National Internet Crimes Against Children Data System 
     Steering Committee to provide guidance to the Network 
     relating to the program under subsection (f), and to assist 
     in the development of strategic plans for the System. The 
     Steering Committee shall consist of 10 members with expertise 
     in child exploitation prevention and interdiction 
     prosecution, investigation, or prevention, including--
       (1) 3 representatives elected by the local directors of the 
     ICAC task forces, such representatives shall represent 
     different geographic regions of the country;
       (2) 1 representative of the Department of Justice Office of 
     Information Services;
       (3) 1 representative from Operation Fairplay, currently 
     hosted at the Wyoming Office of the Attorney General;
       (4) 1 representative from the law enforcement agency having 
     primary responsibility for hosting and maintaining the 
     National Internet Crimes Against Children Data System;
       (5) 1 representative of the Federal Bureau of 
     Investigation's Innocent Images National Initiative or 
     Regional Computer Forensic Lab program;
       (6) 1 representative of the Immigration and Customs 
     Enforcement's Cyber Crimes Center;
       (7) 1 representative of the United States Postal Inspection 
     Service; and
       (8) 1 representative of the Department of Justice.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of the fiscal years 2009 through 
     2016, $2,000,000 to carry out the provisions of this section.

     SEC. 106. ICAC GRANT PROGRAM.

       (a) Establishment.--
       (1) In general.--The Attorney General is authorized to 
     award grants to State and local ICAC task forces to assist in 
     carrying out the duties and functions described under section 
     104.
       (2) Formula grants.--
       (A) Development of formula.--At least 75 percent of the 
     total funds appropriated to carry out this section shall be 
     available to award or otherwise distribute grants pursuant to 
     a funding formula established by the Attorney General in 
     accordance with the requirements in subparagraph (B).
       (B) Formula requirements.--Any formula established by the 
     Attorney General under subparagraph (A) shall--
       (i) ensure that each State or local ICAC task force shall, 
     at a minimum, receive an amount equal to 0.5 percent of the 
     funds available to award or otherwise distribute grants under 
     subparagraph (A); and
       (ii) take into consideration the following factors:

       (I) The population of each State, as determined by the most 
     recent decennial census performed by the Bureau of the 
     Census.
       (II) The number of investigative leads within the 
     applicant's jurisdiction generated by Operation Fairplay, the 
     ICAC Data Network, the CyberTipline, and other sources.
       (III) The number of criminal cases related to Internet 
     crimes against children referred to a task force for Federal, 
     State, or local prosecution.
       (IV) The number of successful prosecutions of child 
     exploitation cases by a task force.
       (V) The amount of training, technical assistance, and 
     public education or outreach by a task force related to the 
     prevention, investigation, or prosecution of child 
     exploitation offenses.
       (VI) Such other criteria as the Attorney General determines 
     demonstrate the level of need for additional resources by a 
     task force.

       (3) Distribution of remaining funds based on need.--
       (A) In general.--Any funds remaining from the total funds 
     appropriated to carry out this section after funds have been 
     made available to award or otherwise distribute formula 
     grants under paragraph (2)(A) shall be distributed to State 
     and local ICAC task forces based upon need, as set forth by 
     criteria established by the Attorney General. Such criteria 
     shall include the factors under paragraph (2)(B)(ii).
       (B) Matching requirement.--A State or local ICAC task force 
     shall contribute matching non-Federal funds in an amount 
     equal to not less than 25 percent of the amount of funds 
     received by the State or local ICAC task force under 
     subparagraph (A). A State or local ICAC task force that is 
     not able or willing to contribute matching funds in 
     accordance with this subparagraph shall not be eligible for 
     funds under subparagraph (A).
       (C) Waiver.--The Attorney General may waive, in whole or in 
     part, the matching requirement under subparagraph (B) if the 
     State or local ICAC task force demonstrates good cause or 
     financial hardship.
       (b) Application.--
       (1) In general.--Each State or local ICAC task force 
     seeking a grant under this section shall submit an 
     application to the Attorney General at such time, in such 
     manner, and accompanied by such information as the Attorney 
     General may reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Attorney 
     General determines to be essential to ensure compliance with 
     the requirements of this title.
       (c) Allowable Uses.--Grants awarded under this section may 
     be used to--
       (1) hire personnel, investigators, prosecutors, education 
     specialists, and forensic specialists;
       (2) establish and support forensic laboratories utilized in 
     Internet crimes against children investigations;
       (3) support investigations and prosecutions of Internet 
     crimes against children;
       (4) conduct and assist with education programs to help 
     children and parents protect themselves from Internet 
     predators;
       (5) conduct and attend training sessions related to 
     successful investigations and prosecutions of Internet crimes 
     against children; and
       (6) fund any other activities directly related to 
     preventing, investigating, or prosecuting Internet crimes 
     against children.
       (d) Reporting Requirements.--
       (1) ICAC reports.--To measure the results of the activities 
     funded by grants under this section, and to assist the 
     Attorney General in complying with the Government Performance 
     and Results Act (Public Law 103-62; 107 Stat. 285), each 
     State or local ICAC task force receiving a grant under this 
     section shall, on an annual basis, submit a report to the 
     Attorney General that sets forth the following:
       (A) Staffing levels of the task force, including the number 
     of investigators, prosecutors, education specialists, and 
     forensic specialists dedicated to investigating and 
     prosecuting Internet crimes against children.
       (B) Investigation and prosecution performance measures of 
     the task force, including--
       (i) the number of investigations initiated related to 
     Internet crimes against children;
       (ii) the number of arrests related to Internet crimes 
     against children; and
       (iii) the number of prosecutions for Internet crimes 
     against children, including--

       (I) whether the prosecution resulted in a conviction for 
     such crime; and
       (II) the sentence and the statutory maximum for such crime 
     under State law.

       (C) The number of referrals made by the task force to the 
     United States Attorneys office, including whether the 
     referral was accepted by the United States Attorney.
       (D) Statistics that account for the disposition of 
     investigations that do not result in arrests or prosecutions, 
     such as referrals to other law enforcement.
       (E) The number of investigative technical assistance 
     sessions that the task force provided to nonmember law 
     enforcement agencies.
       (F) The number of computer forensic examinations that the 
     task force completed.
       (G) The number of law enforcement agencies participating in 
     Internet crimes against children program standards 
     established by the task force.
       (2) Report to congress.--Not later than 1 year after the 
     date of enactment of this Act, the Attorney General shall 
     submit a report to Congress on--
       (A) the progress of the development of the ICAC Task Force 
     Program established under section 102; and
       (B) the number of Federal and State investigations, 
     prosecutions, and convictions in the prior 12-month period 
     related to child exploitation.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title--
       (1) $60,000,000 for fiscal year 2009;
       (2) $60,000,000 for fiscal year 2010;
       (3) $60,000,000 for fiscal year 2011;
       (4) $60,000,000 for fiscal year 2012; and
       (5) $60,000,000 for fiscal year 2013.
       (b) Availability.--Funds appropriated under subsection (a) 
     shall remain available until expended.

       TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION

     SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.

       (a) Additional Resources.--The Attorney General shall 
     establish additional computer forensic capacity to address 
     the current backlog for computer forensics, including for

[[Page 21759]]

     child exploitation investigations. The Attorney General may 
     utilize funds under this title to increase capacity at 
     existing regional forensic laboratories or to add 
     laboratories under the Regional Computer Forensic 
     Laboratories Program operated by the Federal Bureau of 
     Investigation.
       (b) Purpose of New Resources.--The additional forensic 
     capacity established by resources provided under this section 
     shall be dedicated to assist Federal agencies, State and 
     local Internet Crimes Against Children task forces, and other 
     Federal, State, and local law enforcement agencies in 
     preventing, investigating, and prosecuting Internet crimes 
     against children.
       (c) New Computer Forensic Labs.--If the Attorney General 
     determines that new regional computer forensic laboratories 
     are required under subsection (a) to best address existing 
     backlogs, such new laboratories shall be established pursuant 
     to subsection (d).
       (d) Location of New Labs.--The location of any new regional 
     computer forensic laboratories under this section shall be 
     determined by the Attorney General, in consultation with the 
     Director of the Federal Bureau of Investigation, the Regional 
     Computer Forensic Laboratory National Steering Committee, and 
     other relevant stakeholders.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the 
     Attorney General shall submit a report to the Congress on how 
     the funds appropriated under this section were utilized.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal years 2009 through 2013, 
     $2,000,000 to carry out the provisions of this section.

           TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

     SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD 
                   ABUSE.

       Section 2251 of title 18, United States Code is amended--
       (1) in subsection (a), by--
       (A) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct'';
       (B) inserting ``or transmitted'' after ``if such person 
     knows or has reason to know that such visual depiction will 
     be transported'';
       (C) inserting ``or transmitted'' after ``if that visual 
     depiction was produced''; and
       (D) inserting ``or transmitted'' after ``has actually been 
     transported''; and
       (2) in subsection (b), by--
       (A) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct'';
       (B) inserting ``or transmitted'' after ``person knows or 
     has reason to know that such visual depiction will be 
     transported'';
       (C) inserting ``or transmitted'' after ``if that visual 
     depiction was produced''; and
       (D) inserting ``or transmitted'' after ``has actually been 
     transported''.

     SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2256(5) of title 18, United States Code is amended 
     by--
       (1) striking ``and'' before ``data'';
       (2) after ``visual image'' by inserting ``, and data which 
     is capable of conversion into a visual image that has been 
     transmitted by any means, whether or not stored in a 
     permanent format''.

     SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2260(a) of title 18, United States Code, is amended 
     by--
       (1) inserting ``or for the purpose of transmitting a live 
     visual depiction of such conduct'' after ``for the purpose of 
     producing any visual depiction of such conduct''; and
       (2) inserting ``or transmitted'' after ``imported''.

     SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN 
                   IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD 
                   PORNOGRAPHY.

       (a) Offense.--Subsection (a) of section 2252A of title 18, 
     United States Code, is amended--
       (1) in paragraph (5), by striking ``; or'' at the end and 
     inserting a semicolon;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; or''; and
       (3) by inserting after paragraph (6) the following:
       ``(7) knowingly produces with intent to distribute, or 
     distributes, by any means, including a computer, in or 
     affecting interstate or foreign commerce, child pornography 
     that is an adapted or modified depiction of an identifiable 
     minor.''.
       (b) Punishment.--Subsection (b) of section 2252A of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(3) Whoever violates, or attempts or conspires to 
     violate, subsection (a)(7) shall be fined under this title or 
     imprisoned not more than 15 years, or both.''.

     TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

     SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING 
                   DANGEROUSNESS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the National Institute of Justice 
     shall prepare a report to identify investigative factors that 
     reliably indicate whether a subject of an online child 
     exploitation investigation poses a high risk of harm to 
     children. Such a report shall be prepared in consultation and 
     coordination with Federal law enforcement agencies, the 
     National Center for Missing and Exploited Children, Operation 
     Fairplay at the Wyoming Attorney General's Office, the 
     Internet Crimes Against Children Task Force, and other State 
     and local law enforcement.
       (b) Contents of Analysis.--The report required by 
     subsection (a) shall include a thorough analysis of potential 
     investigative factors in on-line child exploitation cases and 
     an appropriate examination of investigative data from prior 
     prosecutions and case files of identified child victims.
       (c) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the National Institute of 
     Justice shall submit a report to the House and Senate 
     Judiciary Committees that includes the findings of the study 
     required by this section and makes recommendations on 
     technological tools and law enforcement procedures to help 
     investigators prioritize scarce resources to those cases 
     where there is actual hands-on abuse by the suspect.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $500,000 to the National Institute of 
     Justice to conduct the study required under this section.

         TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION

     SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE 
                   PROVIDERS.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended by inserting after section 2258 the 
     following:

     ``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS AND REMOTE 
                   COMPUTING SERVICE PROVIDERS.

       ``(a) Duty to Report.--
       ``(1) In general.--Whoever, while engaged in providing an 
     electronic communication service or a remote computing 
     service to the public through a facility or means of 
     interstate or foreign commerce, obtains actual knowledge of 
     any facts or circumstances described in paragraph (2) shall, 
     as soon as reasonably possible--
       ``(A) provide to the CyberTipline of the National Center 
     for Missing and Exploited Children, or any successor to the 
     CyberTipline operated by such center, the mailing address, 
     telephone number, facsimile number, electronic mail address 
     of, and individual point of contact for, such electronic 
     communication service provider or remote computing service 
     provider; and
       ``(B) make a report of such facts or circumstances to the 
     CyberTipline, or any successor to the CyberTipline operated 
     by such center.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     from which there is an apparent violation of--
       ``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that 
     involves child pornography; or
       ``(B) section 1466A.
       ``(b) Contents of Report.--To the extent the information is 
     within the custody or control of an electronic communication 
     service provider or a remote computing service provider, the 
     facts and circumstances included in each report under 
     subsection (a)(1) may include the following information:
       ``(1) Information about the involved individual.--
     Information relating to the identity of any individual who 
     appears to have violated a Federal law described in 
     subsection (a)(2), which may, to the extent reasonably 
     practicable, include the electronic mail address, Internet 
     Protocol address, uniform resource locator, or any other 
     identifying information, including self-reported identifying 
     information.
       ``(2) Historical reference.--Information relating to when 
     and how a customer or subscriber of an electronic 
     communication service or a remote computing service uploaded, 
     transmitted, or received apparent child pornography or when 
     and how apparent child pornography was reported to, or 
     discovered by the electronic communication service provider 
     or remote computing service provider, including a date and 
     time stamp and time zone.
       ``(3) Geographic location information.--
       ``(A) In general.--Information relating to the geographic 
     location of the involved individual or website, which may 
     include the Internet Protocol address or verified billing 
     address, or, if not reasonably available, at least 1 form of 
     geographic identifying information, including area code or 
     zip code.
       ``(B) Inclusion.--The information described in subparagraph 
     (A) may also include any geographic information provided to 
     the electronic communication service or remote computing 
     service by the customer or subscriber.

[[Page 21760]]

       ``(4) Images of apparent child pornography.--Any image of 
     apparent child pornography relating to the incident such 
     report is regarding.
       ``(5) Complete communication.--The complete communication 
     containing any image of apparent child pornography, 
     including--
       ``(A) any data or information regarding the transmission of 
     the communication; and
       ``(B) any images, data, or other digital files contained 
     in, or attached to, the communication.
       ``(c) Forwarding of Report to Law Enforcement.--
       ``(1) In general.--The National Center for Missing and 
     Exploited Children shall forward each report made under 
     subsection (a)(1) to any appropriate law enforcement agency 
     designated by the Attorney General under subsection (d)(2).
       ``(2) State and local law enforcement.--The National Center 
     for Missing and Exploited Children may forward any report 
     made under subsection (a)(1) to an appropriate law 
     enforcement official of a State or political subdivision of a 
     State for the purpose of enforcing State criminal law.
       ``(3) Foreign law enforcement.--
       ``(A) In general.--The National Center for Missing and 
     Exploited Children may forward any report made under 
     subsection (a)(1) to any appropriate foreign law enforcement 
     agency designated by the Attorney General under subsection 
     (d)(3), subject to the conditions established by the Attorney 
     General under subsection (d)(3).
       ``(B) Transmittal to designated federal agencies.--If the 
     National Center for Missing and Exploited Children forwards a 
     report to a foreign law enforcement agency under subparagraph 
     (A), the National Center for Missing and Exploited Children 
     shall concurrently provide a copy of the report and the 
     identity of the foreign law enforcement agency to--
       ``(i) the Attorney General; or
       ``(ii) the Federal law enforcement agency or agencies 
     designated by the Attorney General under subsection (d)(2).
       ``(d) Attorney General Responsibilities.--
       ``(1) In general.--The Attorney General shall enforce this 
     section.
       ``(2) Designation of federal agencies.--The Attorney 
     General shall designate promptly the Federal law enforcement 
     agency or agencies to which a report shall be forwarded under 
     subsection (c)(1).
       ``(3) Designation of foreign agencies.--The Attorney 
     General shall promptly--
       ``(A) in consultation with the Secretary of State, 
     designate the foreign law enforcement agencies to which a 
     report may be forwarded under subsection (c)(3);
       ``(B) establish the conditions under which such a report 
     may be forwarded to such agencies; and
       ``(C) develop a process for foreign law enforcement 
     agencies to request assistance from Federal law enforcement 
     agencies in obtaining evidence related to a report referred 
     under subsection (c)(3).
       ``(4) Reporting designated foreign agencies.--The Attorney 
     General shall maintain and make available to the Department 
     of State, the National Center for Missing and Exploited 
     Children, electronic communication service providers, remote 
     computing service providers, the Committee on the Judiciary 
     of the Senate, and the Committee on the Judiciary of the 
     House of Representatives a list of the foreign law 
     enforcement agencies designated under paragraph (3).
       ``(5) Sense of congress regarding designation of foreign 
     agencies.--It is the sense of Congress that--
       ``(A) combating the international manufacturing, 
     possession, and trade in online child pornography requires 
     cooperation with competent, qualified, and appropriately 
     trained foreign law enforcement agencies; and
       ``(B) the Attorney General, in cooperation with the 
     Secretary of State, should make a substantial effort to 
     expand the list of foreign agencies designated under 
     paragraph (3).
       ``(6) Notification to providers.--If an electronic 
     communication service provider or remote computing service 
     provider notifies the National Center for Missing and 
     Exploited Children that the electronic communication service 
     provider or remote computing service provider is making a 
     report under this section as the result of a request by a 
     foreign law enforcement agency, the National Center for 
     Missing and Exploited Children shall--
       ``(A) if the Center forwards the report to the requesting 
     foreign law enforcement agency or another agency in the same 
     country designated by the Attorney General under paragraph 
     (3), notify the electronic communication service provider or 
     remote computing service provider of--
       ``(i) the identity of the foreign law enforcement agency to 
     which the report was forwarded; and
       ``(ii) the date on which the report was forwarded; or
       ``(B) notify the electronic communication service provider 
     or remote computing service provider if the Center declines 
     to forward the report because the Center, in consultation 
     with the Attorney General, determines that no law enforcement 
     agency in the foreign country has been designated by the 
     Attorney General under paragraph (3).
       ``(e) Failure to Report.--An electronic communication 
     service provider or remote computing service provider that 
     knowingly and willfully fails to make a report required under 
     subsection (a)(1) shall be fined--
       ``(1) in the case of an initial knowing and willful failure 
     to make a report, not more than $150,000; and
       ``(2) in the case of any second or subsequent knowing and 
     willful failure to make a report, not more than $300,000.
       ``(f) Protection of Privacy.--Nothing in this section shall 
     be construed to require an electronic communication service 
     provider or a remote computing service provider to--
       ``(1) monitor any user, subscriber, or customer of that 
     provider;
       ``(2) monitor the content of any communication of any 
     person described in paragraph (1); or
       ``(3) affirmatively seek facts or circumstances described 
     in sections (a) and (b).
       ``(g) Conditions of Disclosure Information Contained Within 
     Report.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     law enforcement agency that receives a report under 
     subsection (c) shall not disclose any information contained 
     in that report.
       ``(2) Permitted disclosures by law enforcement.--
       ``(A) In general.--A law enforcement agency may disclose 
     information in a report received under subsection (c)--
       ``(i) to an attorney for the government for use in the 
     performance of the official duties of that attorney;
       ``(ii) to such officers and employees of that law 
     enforcement agency, as may be necessary in the performance of 
     their investigative and recordkeeping functions;
       ``(iii) to such other government personnel (including 
     personnel of a State or subdivision of a State) as are 
     determined to be necessary by an attorney for the government 
     to assist the attorney in the performance of the official 
     duties of the attorney in enforcing Federal criminal law;
       ``(iv) if the report discloses a violation of State 
     criminal law, to an appropriate official of a State or 
     subdivision of a State for the purpose of enforcing such 
     State law;
       ``(v) to a defendant in a criminal case or the attorney for 
     that defendant, subject to the terms and limitations under 
     section 3509(m) or a similar State law, to the extent the 
     information relates to a criminal charge pending against that 
     defendant;
       ``(vi) subject to subparagraph (B), to an electronic 
     communication service provider or remote computing provider 
     if necessary to facilitate response to legal process issued 
     in connection to a criminal investigation, prosecution, or 
     post-conviction remedy relating to that report; and
       ``(vii) as ordered by a court upon a showing of good cause 
     and pursuant to any protective orders or other conditions 
     that the court may impose.
       ``(B) Limitations.--
       ``(i) Limitations on further disclosure.--The electronic 
     communication service provider or remote computing service 
     provider shall be prohibited from disclosing the contents of 
     a report provided under subparagraph (A)(vi) to any person, 
     except as necessary to respond to the legal process.
       ``(ii) Effect.--Nothing in subparagraph (A)(vi) authorizes 
     a law enforcement agency to provide child pornography images 
     to an electronic communications service provider or a remote 
     computing service.
       ``(3) Permitted disclosures by the national center for 
     missing and exploited children.--The National Center for 
     Missing and Exploited Children may disclose information 
     received in a report under subsection (a) only--
       ``(A) to any Federal law enforcement agency designated by 
     the Attorney General under subsection (d)(2);
       ``(B) to any State, local, or tribal law enforcement agency 
     involved in the investigation of child pornography, child 
     exploitation, kidnapping, or enticement crimes;
       ``(C) to any foreign law enforcement agency designated by 
     the Attorney General under subsection (d)(3); and
       ``(D) to an electronic communication service provider or 
     remote computing service provider as described in section 
     2258C.
       ``(h) Preservation.--
       ``(1) In general.--For the purposes of this section, the 
     notification to an electronic communication service provider 
     or a remote computing service provider by the CyberTipline of 
     receipt of a report under subsection (a)(1) shall be treated 
     as a request to preserve, as if such request was made 
     pursuant to section 2703(f).
       ``(2) Preservation of report.--Pursuant to paragraph (1), 
     an electronic communication service provider or a remote 
     computing service shall preserve the contents of the report 
     provided pursuant to subsection (b) for 90 days after such 
     notification by the CyberTipline.
       ``(3) Preservation of commingled images.--Pursuant to 
     paragraph (1), an electronic communication service provider 
     or a remote computing service shall preserve any images, 
     data, or other digital files that are commingled or 
     interspersed among the images of apparent child pornography 
     within a particular communication or user-created folder or 
     directory.

[[Page 21761]]

       ``(4) Protection of preserved materials.--An electronic 
     communications service or remote computing service preserving 
     materials under this section shall maintain the materials in 
     a secure location and take appropriate steps to limit access 
     by agents or employees of the service to the materials to 
     that access necessary to comply with the requirements of this 
     subsection.
       ``(5) Authorities and duties not affected.--Nothing in this 
     section shall be construed as replacing, amending, or 
     otherwise interfering with the authorities and duties under 
     section 2703.

     ``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION 
                   SERVICE PROVIDERS, REMOTE COMPUTING SERVICE 
                   PROVIDERS, OR DOMAIN NAME REGISTRAR.

       ``(a) In General.--Except as provided in subsection (b), a 
     civil claim or criminal charge against an electronic 
     communication service provider, a remote computing service 
     provider, or domain name registrar, including any director, 
     officer, employee, or agent of such electronic communication 
     service provider, remote computing service provider, or 
     domain name registrar arising from the performance of the 
     reporting or preservation responsibilities of such electronic 
     communication service provider, remote computing service 
     provider, or domain name registrar under this section, 
     section 2258A, or section 2258C may not be brought in any 
     Federal or State court.
       ``(b) Intentional, Reckless, or Other Misconduct.--
     Subsection (a) shall not apply to a claim if the electronic 
     communication service provider, remote computing service 
     provider, or domain name registrar, or a director, officer, 
     employee, or agent of that electronic communication service 
     provider, remote computing service provider, or domain name 
     registrar--
       ``(1) engaged in intentional misconduct; or
       ``(2) acted, or failed to act--
       ``(A) with actual malice;
       ``(B) with reckless disregard to a substantial risk of 
     causing physical injury without legal justification; or
       ``(C) for a purpose unrelated to the performance of any 
     responsibility or function under this section, sections 
     2258A, 2258C, 2702, or 2703.
       ``(c) Minimizing Access.--An electronic communication 
     service provider, a remote computing service provider, and 
     domain name registrar shall--
       ``(1) minimize the number of employees that are provided 
     access to any image provided under section 2258A or 2258C; 
     and
       ``(2) ensure that any such image is permanently destroyed, 
     upon a request from a law enforcement agency to destroy the 
     image.

     ``SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL 
                   ELEMENTS RELATING TO IMAGES REPORTED TO THE 
                   CYBERTIPLINE.

       ``(a) Elements.--
       ``(1) In general.--The National Center for Missing and 
     Exploited Children may provide elements relating to any 
     apparent child pornography image of an identified child to an 
     electronic communication service provider or a remote 
     computing service provider for the sole and exclusive purpose 
     of permitting that electronic communication service provider 
     or remote computing service provider to stop the further 
     transmission of images.
       ``(2) Inclusions.--The elements authorized under paragraph 
     (1) may include hash values or other unique identifiers 
     associated with a specific image, Internet location of 
     images, and other technological elements that can be used to 
     identify and stop the transmission of child pornography.
       ``(3) Exclusion.--The elements authorized under paragraph 
     (1) may not include the actual images.
       ``(b) Use by Electronic Communication Service Providers and 
     Remote Computing Service Providers.--Any electronic 
     communication service provider or remote computing service 
     provider that receives elements relating to any apparent 
     child pornography image of an identified child from the 
     National Center for Missing and Exploited Children under this 
     section may use such information only for the purposes 
     described in this section, provided that such use shall not 
     relieve that electronic communication service provider or 
     remote computing service provider from its reporting 
     obligations under section 2258A.
       ``(c) Limitations.--Nothing in subsections (a) or (b) 
     requires electronic communication service providers or remote 
     computing service providers receiving elements relating to 
     any apparent child pornography image of an identified child 
     from the National Center for Missing and Exploited Children 
     to use the elements to stop the further transmission of the 
     images.
       ``(d) Provision of Elements to Law Enforcement.--The 
     National Center for Missing and Exploited Children shall make 
     available to Federal, State, and local law enforcement 
     involved in the investigation of child pornography crimes 
     elements, including hash values, relating to any apparent 
     child pornography image of an identified child reported to 
     the National Center for Missing and Exploited Children.
       ``(e) Use by Law Enforcement.--Any Federal, State, or local 
     law enforcement agency that receives elements relating to any 
     apparent child pornography image of an identified child from 
     the National Center for Missing and Exploited Children under 
     section (d) may use such elements only in the performance of 
     the official duties of that agency to investigate child 
     pornography crimes.

     ``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR 
                   MISSING AND EXPLOITED CHILDREN.

       ``(a) In General.--Except as provided in subsections (b) 
     and (c), a civil claim or criminal charge against the 
     National Center for Missing and Exploited Children, including 
     any director, officer, employee, or agent of such center, 
     arising from the performance of the CyberTipline 
     responsibilities or functions of such center, as described in 
     this section, section 2258A or 2258C of this title, or 
     section 404 of the Missing Children's Assistance Act (42 
     U.S.C. 5773), or from the effort of such center to identify 
     child victims may not be brought in any Federal or State 
     court.
       ``(b) Intentional, Reckless, or Other Misconduct.--
     Subsection (a) shall not apply to a claim or charge if the 
     National Center for Missing and Exploited Children, or a 
     director, officer, employee, or agent of such center--
       ``(1) engaged in intentional misconduct; or
       ``(2) acted, or failed to act--
       ``(A) with actual malice;
       ``(B) with reckless disregard to a substantial risk of 
     causing injury without legal justification; or
       ``(C) for a purpose unrelated to the performance of any 
     responsibility or function under this section, section 2258A 
     or 2258C of this title, or section 404 of the Missing 
     Children's Assistance Act (42 U.S.C. 5773).
       ``(c) Ordinary Business Activities.--Subsection (a) shall 
     not apply to an act or omission relating to an ordinary 
     business activity, including general administration or 
     operations, the use of motor vehicles, or personnel 
     management.
       ``(d) Minimizing Access.--The National Center for Missing 
     and Exploited Children shall--
       ``(1) minimize the number of employees that are provided 
     access to any image provided under section 2258A; and
       ``(2) ensure that any such image is permanently destroyed 
     upon notification from a law enforcement agency.

     ``SEC. 2258E. DEFINITIONS.

       ``In sections 2258A through 2258D--
       ``(1) the terms `attorney for the government' and `State' 
     have the meanings given those terms in rule 1 of the Federal 
     Rules of Criminal Procedure;
       ``(2) the term `electronic communication service' has the 
     meaning given that term in section 2510;
       ``(3) the term `electronic mail address' has the meaning 
     given that term in section 3 of the CAN-SPAM Act of 2003 (15 
     U.S.C. 7702);
       ``(4) the term `Internet' has the meaning given that term 
     in section 1101 of the Internet Tax Freedom Act (47 U.S.C. 
     151 note);
       ``(5) the term `remote computing service' has the meaning 
     given that term in section 2711; and
       ``(6) the term `website' means any collection of material 
     placed in a computer server-based file archive so that it is 
     publicly accessible, over the Internet, using hypertext 
     transfer protocol or any successor protocol.''.
       (b) Technical and Conforming Amendments.--
       (1) Repeal of superceded provision.--Section 227 of the 
     Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
       (2) Technical corrections.--Section 2702 of title 18, 
     United States Code, is amended--
       (A) in subsection (b)(6), by striking ``section 227 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and 
     inserting ``section 2258A''; and
       (B) in subsection (c)(5), by striking ``section 227 of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and 
     inserting ``section 2258A''.
       (3) Table of sections.--The table of sections for chapter 
     110 of title 18, United States Code, is amended by inserting 
     after the item relating to section 2258 the following:

``2258A. Reporting requirements of electronic communication service 
              providers and remote computing service providers.
``2258B. Limited liability for electronic communication service 
              providers and remote computing service providers.
``2258C. Use to combat child pornography of technical elements relating 
              to images reported to the CyberTipline.
``2258D. Limited liability for the National Center for Missing and 
              Exploited Children.
``2258E. Definitions.''.

     SEC. 502. REPORTS.

       (a) Attorney General Report on Implementation, 
     Investigative Methods and Information Sharing.--Not later 
     than 12 months after the date of enactment of this Act, the 
     Attorney General shall submit a report to the Committee on 
     the Judiciary of Senate and the Committee on the Judiciary of 
     the House of Representatives on--

[[Page 21762]]

       (1) the structure established in this Act, including the 
     respective functions of the National Center for Missing and 
     Exploited Children, Department of Justice, and other entities 
     that participate in information sharing under this Act;
       (2) an assessment of the legal and constitutional 
     implications of such structure;
       (3) the privacy safeguards contained in the reporting 
     requirements, including the training, qualifications, 
     recruitment and screening of all Federal and non-Federal 
     personnel implementing this Act; and
       (4) information relating to the aggregate number of 
     incidents reported under section 2258A(b) of title 18, United 
     States Code, to Federal and State law enforcement agencies 
     based on the reporting requirements under this Act and the 
     aggregate number of times that elements are provided to 
     communication service providers under section 2258C of such 
     title.
       (b) GAO Audit and Report on Efficiency and Effectiveness.--
     Not later than 2 years after the date of enactment of this 
     Act, the Comptroller General shall conduct an audit and 
     submit a report to the Committee on the Judiciary of the 
     Senate and to the Committee on the Judiciary of the House of 
     Representatives on--
       (1) the efforts, activities, and actions of the 
     CyberTipline of the National Center for Missing and Exploited 
     Children, or any successor to the CyberTipline, and the 
     Attorney General in achieving the goals and purposes of this 
     Act, as well as in carrying out any responsibilities or 
     duties assigned to each such individual or agency under this 
     Act;
       (2) any legislative, administrative, or regulatory changes 
     that the Comptroller General recommends be taken by or on 
     behalf of the Attorney General to better achieve such goals 
     and purposes, and to more effectively carry out such 
     responsibilities and duties;
       (3) the effectiveness of any actions taken and efforts made 
     by the CyberTipline of the National Center for Missing and 
     Exploited Children, or any successor to the CyberTipline and 
     the Attorney General to--
       (A) minimize duplicating the efforts, materials, 
     facilities, and procedures of any other Federal agency 
     responsible for the enforcement, investigation, or 
     prosecution of child pornography crimes; and
       (B) enhance the efficiency and consistency with which 
     Federal funds and resources are expended to enforce, 
     investigate, or prosecute child pornography crimes , 
     including the use of existing personnel, materials, 
     technologies, and facilities; and
       (4) any actions or efforts that the Comptroller General 
     recommends be taken by the Attorney General to reduce 
     duplication of efforts and increase the efficiency and 
     consistency with which Federal funds and resources are 
     expended to enforce, investigate, or prosecute child 
     pornography crimes.

     SEC. 503. SEVERABILITY.

       If any provision of this title or amendment made by this 
     title is held to be unconstitutional, the remainder of the 
     provisions of this title or amendments made by this title--
       (1) shall remain in full force and effect; and
       (2) shall not be affected by the holding.
                                 ______
                                 
  SA 5651. Mr. DURBIN (for Mr. Biden) proposed an amendment to the bill 
S. 1738, to require the Department of Justice to develop and implement 
a National Strategy Child Exploitation Prevention and Interdiction, to 
improve the Internet Crimes Against Children Task Force, to increase 
resources for regional computer forensic labs, and to make other 
improvements to increase the ability of law enforcement agencies to 
investigate and prosecute child predators; as follows:

       Amend the title so as to read: ``To require the Department 
     of Justice to develop and implement a National Strategy Child 
     Exploitation Prevention and Interdiction, to improve the 
     Internet Crimes Against Children Task Force, to increase 
     resources for regional computer forensic labs, and to make 
     other improvements to increase the ability of law enforcement 
     agencies to investigate and prosecute child predators.''.
                                 ______
                                 
  SA 5652. Mr. DURBIN (for Mr. Leahy) proposed an amendment to the bill 
S. 2982, to amend the Runaway and Homeless Youth Act to authorize 
appropriations, and for other purposes; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reconnecting Homeless Youth 
     Act of 2008''.

     SEC. 2. FINDINGS.

       Section 302 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5701) is amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) services to such young people should be developed and 
     provided using a positive youth development approach that 
     ensures a young person a sense of--
       ``(A) safety and structure;
       ``(B) belonging and membership;
       ``(C) self-worth and social contribution;
       ``(D) independence and control over one's life; and
       ``(E) closeness in interpersonal relationships.''.

     SEC. 3. BASIC CENTER PROGRAM.

       (a) Services Provided.--Section 311 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5711) is amended--
       (1) in subsection (a)(2)(B), by striking clause (i) and 
     inserting the following:
       ``(i) safe and appropriate shelter provided for not to 
     exceed 21 days; and''; and
       (2) in subsection (b)(2)--
       (A) by striking ``(2) The'' and inserting ``(2)(A) Except 
     as provided in subparagraph (B), the'';
       (B) by striking ``$100,000'' and inserting ``$200,000'';
       (C) by striking ``$45,000'' and inserting ``$70,000''; and
       (D) by adding at the end the following:
       ``(B) For fiscal years 2009 and 2010, the amount allotted 
     under paragraph (1) with respect to a State for a fiscal year 
     shall be not less than the amount allotted under paragraph 
     (1) with respect to such State for fiscal year 2008.
       ``(C) Whenever the Secretary determines that any part of 
     the amount allotted under paragraph (1) to a State for a 
     fiscal year will not be obligated before the end of the 
     fiscal year, the Secretary shall reallot such part to the 
     remaining States for obligation for the fiscal year.''.
       (b) Eligibility.--Section 312(b) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5712(b)) is amended--
       (1) in paragraph (11), by striking ``and'' at the end;
       (2) in paragraph (12), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(13) shall develop an adequate emergency preparedness and 
     management plan.''.

     SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM.

       (a) Eligibility.--Section 322(a) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``directly or indirectly'' and inserting 
     ``by grant, agreement, or contract''; and
       (B) by striking ``services'' the first place it appears and 
     inserting ``provide, by grant, agreement, or contract, 
     services,'';
       (2) in paragraph (2), by striking ``a continuous period not 
     to exceed 540 days, except that'' and all that follows and 
     inserting the following: ``a continuous period not to exceed 
     540 days, or in exceptional circumstances 635 days, except 
     that a youth in a program under this part who has not reached 
     18 years of age on the last day of the 635-day period may, in 
     exceptional circumstances and if otherwise qualified for the 
     program, remain in the program until the youth's 18th 
     birthday;'';
       (3) in paragraph (14), by striking ``and'' at the end;
       (4) in paragraph (15), by striking the period and inserting 
     ``; and''; and
       (5) by adding at the end the following:
       ``(16) to develop an adequate emergency preparedness and 
     management plan.''.
       (b) Definitions.--Section 322(c) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5714-2(c)) is amended by--
       (1) striking ``part, the term'' and inserting the 
     following: ``part--
       ``(1) the term'';
       (2) striking the period and inserting ``; and''; and
       (3) adding at the end thereof the following:
       ``(2) the term `exceptional circumstances' means 
     circumstances in which a youth would benefit to an unusual 
     extent from additional time in the program.''.

     SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND 
                   SERVICE PROJECTS.

       Section 343 of the Runaway and Homeless Youth Act (42 
     U.S.C. 5714-23) is amended--
       (1) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``special consideration'' and inserting ``priority'';
       (B) in paragraph (8)--
       (i) by striking ``to health'' and inserting ``to quality 
     health'';
       (ii) by striking ``mental health care'' and inserting 
     ``behavioral health care''; and
       (iii) by striking ``and'' at the end;
       (C) in paragraph (9), by striking the period at the end and 
     inserting ``, including access to educational and workforce 
     programs to achieve outcomes such as decreasing secondary 
     school dropout rates, increasing rates of attaining a 
     secondary school diploma or its recognized equivalent, or 
     increasing placement and retention in postsecondary education 
     or advanced workforce training programs; and''; and
       (D) by adding at the end the following:
       ``(10) providing programs, including innovative programs, 
     that assist youth in obtaining and maintaining safe and 
     stable housing, and which may include programs with 
     supportive services that continue after the youth complete 
     the remainder of the programs.''; and
       (2) by striking subsection (c) and inserting the following:

[[Page 21763]]

       ``(c) In selecting among applicants for grants under 
     subsection (a), the Secretary shall--
       ``(1) give priority to applicants who have experience 
     working with runaway or homeless youth; and
       ``(2) ensure that the applicants selected--
       ``(A) represent diverse geographic regions of the United 
     States; and
       ``(B) carry out projects that serve diverse populations of 
     runaway or homeless youth.''.

     SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER 
                   ACTIVITIES.

       Part D of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714-21 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF 
                   YOUTH HOMELESSNESS.

       ``(a) Periodic Estimate.--Not later than 2 years after the 
     date of enactment of the Reconnecting Homeless Youth Act of 
     2008, and at 5-year intervals thereafter, the Secretary, in 
     consultation with the United States Interagency Council on 
     Homelessness, shall prepare and submit to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on the Judiciary of the Senate, and make available 
     to the public, a report--
       ``(1) by using the best quantitative and qualitative social 
     science research methods available, containing an estimate of 
     the incidence and prevalence of runaway and homeless 
     individuals who are not less than 13 years of age but are 
     less than 26 years of age; and
       ``(2) that includes with such estimate an assessment of the 
     characteristics of such individuals.
       ``(b) Content.--The report required by subsection (a) shall 
     include--
       ``(1) the results of conducting a survey of, and direct 
     interviews with, a representative sample of runaway and 
     homeless individuals who are not less than 13 years of age 
     but are less than 26 years of age, to determine past and 
     current--
       ``(A) socioeconomic characteristics of such individuals; 
     and
       ``(B) barriers to such individuals obtaining--
       ``(i) safe, quality, and affordable housing;
       ``(ii) comprehensive and affordable health insurance and 
     health services; and
       ``(iii) incomes, public benefits, supportive services, and 
     connections to caring adults; and
       ``(2) such other information as the Secretary determines, 
     in consultation with States, units of local government, and 
     national nongovernmental organizations concerned with 
     homelessness, may be useful.
       ``(c) Implementation.--If the Secretary enters into any 
     contract with a non-Federal entity for purposes of carrying 
     out subsection (a), such entity shall be a nongovernmental 
     organization, or an individual, determined by the Secretary 
     to have appropriate expertise in quantitative and qualitative 
     social science research.''.

     SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.

       Section 351(b) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5714-41(b)) is amended by inserting ``public and'' 
     after ``priority to''.

     SEC. 8. PERFORMANCE STANDARDS.

       Part F of the Runaway and Homeless Youth Act (42 U.S.C. 
     5714a et seq.) is amended by inserting after section 386 the 
     following:

     ``SEC. 386A. PERFORMANCE STANDARDS.

       ``(a) Establishment of Performance Standards.--Not later 
     than 1 year after the date of enactment of the Reconnecting 
     Homeless Youth Act of 2008, the Secretary shall issue rules 
     that specify performance standards for public and nonprofit 
     private entities and agencies that receive grants under 
     sections 311, 321, and 351.
       ``(b) Consultation.--The Secretary shall consult with 
     representatives of public and nonprofit private entities and 
     agencies that receive grants under this title, including 
     statewide and regional nonprofit organizations (including 
     combinations of such organizations) that receive grants under 
     this title, and national nonprofit organizations concerned 
     with youth homelessness, in developing the performance 
     standards required by subsection (a).
       ``(c) Implementation of Performance Standards.--The 
     Secretary shall integrate the performance standards into the 
     processes of the Department of Health and Human Services for 
     grantmaking, monitoring, and evaluation for programs under 
     sections 311, 321, and 351.''.

     SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study, including making findings and 
     recommendations, relating to the processes for making grants 
     under parts A, B, and E of the Runaway and Homeless Youth Act 
     (42 U.S.C. 5711 et seq., 5714-1 et seq., 5714-41).
       (2) Subjects.--In particular, the Comptroller General shall 
     study--
       (A) the Secretary's written responses to and other 
     communications with applicants who do not receive grants 
     under part A, B, or E of such Act, to determine if the 
     information provided in the responses and communications is 
     conveyed clearly;
       (B) the content and structure of the grant application 
     documents, and of other associated documents (including grant 
     announcements), to determine if the requirements of the 
     applications and other associated documents are presented and 
     structured in a way that gives an applicant a clear 
     understanding of the information that the applicant must 
     provide in each portion of an application to successfully 
     complete it, and a clear understanding of the terminology 
     used throughout the application and other associated 
     documents;
       (C) the peer review process for applications for the 
     grants, including the selection of peer reviewers, the 
     oversight of the process by staff of the Department of Health 
     and Human Services, and the extent to which such staff make 
     funding determinations based on the comments and scores of 
     the peer reviewers;
       (D) the typical timeframe, and the process and 
     responsibilities of such staff, for responding to applicants 
     for the grants, and the efforts made by such staff to 
     communicate with the applicants when funding decisions or 
     funding for the grants is delayed, such as when funding is 
     delayed due to funding of a program through appropriations 
     made under a continuing resolution; and
       (E) the plans for implementation of, and the implementation 
     of, where practicable, the technical assistance and training 
     programs carried out under section 342 of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5714-22), and the effect of 
     such programs on the application process for the grants.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall prepare 
     and submit to the Committee on Education and Labor of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report containing the findings and 
     recommendations resulting from the study.

     SEC. 10. DEFINITIONS.

       (a) Homeless Youth.--Section 387(3) of the Runaway and 
     Homeless Youth Act (42 U.S.C. 5732a(3)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``The'' and all that follows through ``means'' and inserting 
     ``The term `homeless', used with respect to a youth, means''; 
     and
       (2) in subparagraph (A)--
       (A) in clause (i)--
       (i) by striking ``not more than'' each place it appears and 
     inserting ``less than''; and
       (ii) by inserting after ``age'' the last place it appears 
     the following: ``, or is less than a higher maximum age if 
     the State where the center is located has an applicable State 
     or local law (including a regulation) that permits such 
     higher maximum age in compliance with licensure requirements 
     for child-and youth-serving facilities''; and
       (B) in clause (ii), by striking ``age;'' and inserting the 
     following: ``age and either--

       ``(I) less than 22 years of age; or
       ``(II) not less than 22 years of age, as of the expiration 
     of the maximum period of stay permitted under section 
     322(a)(2) if such individual commences such stay before 
     reaching 22 years of age;''.

       (b) Runaway Youth.--Section 387 of the Runaway and Homeless 
     Youth Act (42 U.S.C. 5732a) is amended--
       (1) by redesignating paragraphs (4), (5), (6), and (7) as 
     paragraphs (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) Runaway youth.--The term `runaway', used with respect 
     to a youth, means an individual who is less than 18 years of 
     age and who absents himself or herself from home or a place 
     of legal residence without the permission of a parent or 
     legal guardian.''.

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       Section 388(a) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5751(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized'';
       (B) by striking ``part E) $105,000,000 for fiscal year 
     2004'' and inserting ``section 345 and part E) $140,000,000 
     for fiscal year 2009''; and
       (C) by striking ``2005, 2006, 2007, and 2008'' and 
     inserting ``2010, 2011, 2012, and 2013'';
       (2) in paragraph (3)--
       (A) by striking ``In'' and inserting the following:
       ``(A) In general.--In'';
       (B) by inserting ``(other than section 345)'' before the 
     period; and
       (C) by adding at the end the following:
       ``(B) Periodic estimate.--There are authorized to be 
     appropriated to carry out section 345 such sums as may be 
     necessary for fiscal years 2009, 2010, 2011, 2012, and 
     2013.''; and
       (3) in paragraph (4)--
       (A) by striking ``is authorized'' and inserting ``are 
     authorized''; and
       (B) by striking ``such sums as may be necessary for fiscal 
     years 2004, 2005, 2006, 2007, and 2008'' and inserting 
     ``$25,000,000 for fiscal year 2009 and such sums as may be 
     necessary for fiscal years 2010, 2011, 2012, and 2013''.
                                 ______
                                 
  SA 5653. Mr. DURBIN (for Mr. Leahy (for himself and Mr. Hatch)) 
proposed an amendment to the bill H.R. 1777, to amend the Improving 
America's Schools Act of 1994 to make permanent

[[Page 21764]]

the favorable treatment of need-based educational aid under the 
antitrust laws; as follows:

       On page 2, strike lines 5 and 6 and insert the following: 
     ``Section 568(d) of the Improving America's Schools Act of 
     1994 (15 U.S.C. 1 note) is amended by striking `2008' and 
     inserting `2015'.''.

                          ____________________