[Congressional Record (Bound Edition), Volume 155 (2009), Part 7]
[Senate]
[Pages 8314-8347]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CARDIN (for himself and Ms. Mikulski):
  S. 673. A bill to allow certain newspapers to be treated as described 
in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such Code; to the Committee on 
Finance.
  Mr. CARDIN. Mr. President, Thomas Jefferson, a man who was vilified 
by newspapers daily, once said ``If I had to choose between government 
without newspapers, and newspapers without government, I wouldn't 
hesitate to choose the latter.'' Like Jefferson, I believe that a well-
informed public is a core foundation of our democracy. Watergate. AIDS. 
Tobacco. ENRON. AIG. News stories, uncovered by journalists, bring the 
most important stories of our nation's history to the front page, and 
thus into public debate.
  I rise today to introduce the Newspaper Revitalization Act, to help 
our disappearing community and metropolitan papers by allowing them to 
become non-profit organizations. Newspapers across the country are 
closing their doors, slashing their staff, and shuttering bureaus in 
the United States and around the world. The Philadelphia Inquirer, The 
Seattle Post-Intelligencer, The Rocky Mountain News, the Philadelphia 
Daily News, the San Francisco Chronicle, and my own Baltimore Sun are 
either in bankruptcy, or facing bankruptcy and closure. The Los Angeles 
Times has reduced its newsroom by one-half, the Miami Herald and 
twenty-eight other dailies have laid off at least one-quarter of their 
workforces in the past year. At the largest daily newspaper in New 
Jersey, The Star-Ledger, 45 percent of the editorial staff took buyouts 
when the owner threatened to sell the newspaper. Increasing numbers of 
metropolitan regions may soon have no local daily newspapers.
  The economy has caused an immediate problem, but the business model 
for newspapers, based on circulation and advertising revenue, has been 
weakening for years. At the end of 2008, advertising revenue was down 
by about 25 percent and according to a December forecast by Barclays 
Capital, advertising revenue will drop another 17 percent in 2009. 
Circulation is also down because of the many other sources for news. 
Today we have the internet, television, radio and blogs around the 
clock. Now, some might say these are all reasons why we may not need 
daily print newspapers anymore. But they are wrong.
  While Americans have quick access to the news, there remains one 
clear fact, when it comes to original in-depth reporting that records 
and exposes actions, issues, and opportunities in our communities, 
nothing has replaced a newspaper. Most, if not all sources of 
journalistic information, from Google to broadcast news or punditry, 
gain their original news from the laborious and expensive work of 
experienced newspaper reporters diligently working their beats over the 
course of years, not hours. According to the Pew Research Center's 
Project for Excellence in Journalism, a typical metropolitan paper ran 
70 stories a day, counting the national, local and business sections, 
whereas a half-hour of television news included only ten to twelve. 
Research further shows that broadcast news follows the agenda set by 
newspapers, often repeating the same items with less detail. Newspaper 
reporters forge relationships with people; they build a network, which 
creates avenues to information.
  These relationships and the information that follows are essential in 
a free, democratic society. Without it, accountability is lost. In a 
2003 study published in the Journal of Law, Economics, and 
Organization, the relationship between corruption and ``free 
circulation of daily newspapers per person'' was examined. The study 
found that the lower the circulation of newspapers in a country, the 
higher it stands on the corruption index. In another study, published 
in 2006, it is suggested that the growth of a more information-oriented 
press may have been a factor in reducing government corruption in the 
United States between the Gilded Age and the Progressive Era. 
Newspapers provide a form of accountability. They provide a ``check'' 
on local governments, State governments, the Federal Government, 
elected officials, corporations, school districts, businesses, 
individuals and more. We need to save community newspapers.
  The Newspaper Revitalization Act provides help. It will allow 
newspapers to operate as non-profit organizations, if they choose, 
under 501(c)(3) status for educational purposes, much like public 
broadcasting. These newspapers would

[[Page 8315]]

not be allowed to make political endorsements, but would be allowed to 
freely report on all issues, including political races. Advertising and 
subscription revenue would be tax exempt and contributions to support 
coverage or operations could be tax deductible.
  While this may not be an optimal choice for some major newspapers or 
corporate media chains interested in profit, it should be an option for 
many local newspapers fast disappearing in our States, cities and 
towns. This option should cause minimal revenue loss to the Federal 
Government as most newspaper profits have been falling for years. In 
this economic climate, and with the real possibility of losing 
community newspapers, this would be a voluntary option for owners to 
save their paper. It is also a model that could enable local citizens 
or foundations to step in and preserve their local papers. I want to 
urge my colleagues to support this legislation and take action to save 
newspapers.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 673

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

     SECTION 1. TREATMENT OF CERTAIN NEWSPAPERS AS EXEMPT FROM TAX 
                   UNDER SECTION 501.

       (a) In General.--Paragraph (3) of section 501(c) of the 
     Internal Revenue Code of 1986 is amended by inserting 
     ``(including a qualified newspaper corporation)'' after 
     ``educational purposes''.
       (b) Qualified Newspaper Corporation.--Section 501 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by redesignating subsection (r) as subsection (s), and
       (2) by inserting after subsection (q) the following new 
     subsection:
       ``(r) Qualified Newspaper Corporation.--For purposes of 
     this title, a corporation or organization shall be treated as 
     a qualified newspaper corporation if--
       ``(1) the trade or business of such corporation or 
     organization consists of publishing on a regular basis a 
     newspaper for general circulation,
       ``(2) the newspaper published by such corporation or 
     organization contains local, national, and international news 
     stories of interest to the general public and the 
     distribution of such newspaper is necessary or valuable in 
     achieving an educational purpose, and
       ``(3) the preparation of the material contained in such 
     newspaper follows methods generally accepted as educational 
     in character.''.
       (c) Unrelated Business Income of a Qualified Newspaper 
     Corporation.--Section 513 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(k) Advertising Income of Qualified Newspaper 
     Corporations.--The term `unrelated trade or business' does 
     not include the sale by a qualified newspaper corporation (as 
     defined in section 501(r)) of any space for commercial 
     advertisement to be published in a newspaper, to the extent 
     that the space allotted to all such advertisements in such 
     newspaper does not exceed the space allotted to fulfilling 
     the educational purpose of such qualified newspaper 
     corporation.''.
       (d) Deduction for Charitable Contributions.--Subparagraph 
     (B) of section 170(c) of the Internal Revenue Code of 1986 is 
     amended by inserting ``(including a qualified newspaper 
     corporation as defined in section 501(r))'' after 
     ``educational purposes''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. AKAKA:
  S. 674. A bill to amend chapter 41 of title 5, United States Code, to 
provide for the establishment and authorization of funding for certain 
training programs for supervisors of Federal employees; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, I rise today to reintroduce the Federal 
Supervisor Training Act to enhance Federal employee and manager 
performance.
  Performance is essential to the success of our Federal Government. 
However, we cannot expect employees and managers to perform well if we 
do not invest in them through training and professional development. In 
particular, Federal employees deserve the support and guidance of well-
trained managers who empower them to perform effectively, and managers 
deserve tools to successfully motivate and supervise employees.
  For managers and supervisors in the Federal Government, few things 
are more important than training. Supervisor trading programs improve 
communication, promote stronger manager-employee relationships, reduce 
conflict, and cultivate efficiency in the federal workforce. While the 
federal government encourages management and supervisory training, the 
development and implementation of training programs is left to the 
discretion of individual agencies. This leads to inconsistent guidance 
on training and sometimes inadequate training due to an agency's other 
priorities and limited resources.
  According to the 2002 report Making Public Service Work: 
Recommendations for Change, the Merit Systems Protection Board reported 
that poor supervisors or managers are the most common reason employees 
leave a position. The U.S. Office of Personnel Management 2008 Federal 
Human Capital Survey also shows the need for improvement: only 40 
percent of Federal employees believed that their organization's leaders 
generate high levels of motivation and commitment to the workforce; 
only 42 percent said they are satisfied with their leaders' policies 
and practices; and only 48 percent of Federal employees said they were 
satisfied with the information they get from management.
  Given the growing number of Federal managers who are eligible to 
retire, it is increasingly important to train new supervisors to manage 
effectively. Good leadership begins with strong management training. It 
is time to ensure that Federal managers receive appropriate training to 
supervise Federal employees.
  The Federal Supervisor Training Act has three major training 
components. First, the bill will require that new supervisors receive 
training in the initial 12 months on the job, with mandatory retraining 
every three years on how to work with employees to develop performance 
expectations and evaluate employees. Current managers will have three 
years to obtain their initial training. Second, the bill requires 
mentoring for new supervisors and training on how to mentor employees. 
Third, the measure requires training on the laws governing and the 
procedures for enforcing whistleblower and anti-discrimination rights.
  In addition, my bill will: set standards that supervisors should meet 
in order to manage employees effectively; assess a manager's ability to 
meet these standards; and provide training to improve areas identified 
in personnel assessments.
  I am delighted that my bill has received support from the Government 
Managers Coalition, which represents members of the Senior Executives 
Association, the Federal Managers Association, the Professional 
Managers Association, the Federal Aviation Administration Managers 
Association, and the National Council of Social Security Management 
Associations; the American Federation of Government Employees; the 
National Treasury Employees Union; the International Federation of 
Professional and Technical Engineers; the AFL-CIO, Metal Trades 
Department; as well as the Partnership for Public Service. I believe 
this broad support, from employee unions to management associations to 
outside good government groups, demonstrates the need for this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 674

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Supervisor Training 
     Act of 2009''.

     SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.

       (a) In General.--Section 4121 of title 5, United States 
     Code, is amended--
       (1) by inserting before ``In consultation with'' the 
     following:
       ``(a) In this section, the term `supervisor' means--

[[Page 8316]]

       ``(1) a supervisor as defined under section 7103(a)(10);
       ``(2) a management official as defined under section 
     7103(a)(11); and
       ``(3) any other employee as the Director of the Office of 
     Personnel Management may by regulation prescribe.'';
       (2) by striking ``In consultation with'' and inserting 
     ``(b) Under operating competencies promulgated by, and in 
     consultation with,''; and
       (3) by striking paragraph (2) (of the matter redesignated 
     as subsection (b) as a result of the amendment under 
     paragraph (2) of this subsection) and inserting the 
     following:
       ``(2)(A) a program to provide training to supervisors on 
     actions, options, and strategies a supervisor may use in--
       ``(i) developing and discussing relevant goals and 
     objectives together with the employee, communicating and 
     discussing progress relative to performance goals and 
     objectives and conducting performance appraisals;
       ``(ii) mentoring and motivating employees and improving 
     employee performance and productivity;
       ``(iii) fostering a work environment characterized by 
     fairness, respect, equal opportunity, and attention paid to 
     the merit of the work of employees;
       ``(iv) effectively managing employees with unacceptable 
     performance;
       ``(v) addressing reports of a hostile work environment, 
     reprisal, or harassment of, or by, another supervisor or 
     employee; and
       ``(vi) otherwise carrying out the duties or 
     responsibilities of a supervisor;
       ``(B) a program to provide training to supervisors on the 
     prohibited personnel practices under section 2302 
     (particularly with respect to such practices described under 
     subsection (b) (1) and (8) of that section), employee 
     collective bargaining and union participation rights, and the 
     procedures and processes used to enforce employee rights; and
       ``(C) a program under which experienced supervisors mentor 
     new supervisors by--
       ``(i) transferring knowledge and advice in areas such as 
     communication, critical thinking, responsibility, 
     flexibility, motivating employees, teamwork, leadership, and 
     professional development; and
       ``(ii) pointing out strengths and areas for development.
       ``(c) Training in programs established under subsection 
     (b)(2)(A) and (B) shall be interactive instructor-based for 
     managers in their first year as a supervisor.
       ``(d)(1) Not later than 1 year after the date on which an 
     individual is appointed to the position of supervisor, that 
     individual shall be required to have completed each program 
     established under subsection (b)(2).
       ``(2) After completion of a program under subsection (b)(2) 
     (A) and (B), each supervisor shall be required to complete a 
     program under subsection (b)(2) (A) and (B) at least once  
     every 3 years.
       ``(3) Each program established under subsection (b)(2) 
     shall include provisions under which credit shall be given 
     for periods of similar training previously completed.
       ``(e) Notwithstanding section 4118(c), the Director of the 
     Office of Personnel Management shall prescribe regulations to 
     carry out this section, including the monitoring of agency 
     compliance with this section. Regulations prescribed under 
     this subsection shall include measures by which to assess the 
     effectiveness of agency supervisor training programs.''.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall prescribe regulations in 
     accordance with subsection (e) of section 4121 of title 5, 
     United States Code, as added by subsection (a) of this 
     section.
       (c) Effective Date and Application.--
       (1) In general.--The amendments made by this section shall 
     take effect 180 days after the date of enactment of this Act 
     and apply to--
       (A) each individual appointed to the position of a 
     supervisor, as defined under section 4121(a) of title 5, 
     United States Code, (as added by subsection (a) of this 
     section) on or after that effective date; and
       (B) each individual who is employed in the position of a 
     supervisor on that effective date as provided under paragraph 
     (2).
       (2) Supervisors on effective date.--Each individual who is 
     employed in the position of a supervisor on the effective 
     date of this section shall be required to--
       (A) complete each program established under section 
     4121(b)(2) of title 5, United States Code (as added by 
     subsection (a) of this section), not later than 3 years after 
     the effective date of this section; and
       (B) complete programs every 3 years thereafter in 
     accordance with section 4121(d) (2) and (3) of such title.

     SEC. 3. MANAGEMENT  COMPETENCIES.

       (a) In General.--Chapter 43 of title 5, United States Code, 
     is amended--
       (1) by redesignating section 4305 as section 4306; and
       (2) inserting after section 4304 the following:

     ``Sec. 4305. Management  competencies

       ``(a) In this section, the term `supervisor' means--
       ``(1) a supervisor as defined under section 7103(a)(10);
       ``(2) a management official as defined under section 
     7103(a)(11); and
       ``(3) any other employee as the  Director of the Office of 
     Personnel Management may by regulation prescribe.
       ``(b) The  Director of the Office of Personnel Management 
     shall issue guidance to agencies on  competencies supervisors 
     are expected to meet in order to effectively manage, and be 
     accountable for managing, the performance of employees.
       ``(c) Each agency shall--
       ``(1) develop competencies to assess the performance of 
     each supervisor and in developing such  competencies shall 
     consider the guidance developed by the  Director of the 
     Office of Personnel Management under subsection (b) and any 
     other qualifications or factors determined by the agency;
       ``(2) assess the overall capacity of the supervisors in the 
     agency to meet the guidance developed by the  Director of 
     theOffice of Personnel Management issued under subsection 
     (b);
       ``(3) develop and implement a supervisor training program 
     to strengthen issues identified during such assessment; and
       ``(4) measure the effectiveness of the supervisor training 
     program established under paragraph (3) in improving 
     supervisor competence.
       ``(d) Every year, or on any basis requested by the Director 
     of the Office of Personnel Management, each agency shall 
     submit a report to the Office on the progress of the agency 
     in implementing this section, including measures used to 
     assess program effectiveness.''.
       (b) Technical and Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     43 of title 5, United States Code, is amended by striking the 
     item relating to section 4305 and inserting the following:

``4305. Management competencies.
``4306. Regulations.''.
       (2) Reference.--Section 4304(b)(3) of title 5, United 
     States Code, is amended by striking ``section 4305'' and 
     inserting ``section 4306''.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Specter, Mr. Kohl, and Mr. 
        Durbin):
  S. 678. A bill to reauthorize and improve the Juvenile Justice and 
Delinquency Prevention Act of 1974, and for other purposes; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am introducing today important 
legislation designed to protect our communities and particularly our 
most precious asset, our children. I am pleased to be joined by Senator 
Specter and Senator Kohl, who have been leaders in this area of the law 
for decades, and Senator Durbin, who is the new Chairman of the Crime 
and Drugs Subcommittee. Our legislation is intended to keep children 
safe and out of trouble and also to help ensure they have the 
opportunity to become productive adult members of society.
  The Senate Judiciary Committee reported this important bill last 
July. I was disappointed that Republican objections prevented this 
vital bipartisan legislation from passing the Senate in the last 
Congress, but we will redouble our efforts to pass this bill this year.
  The Juvenile Justice and Delinquency Prevention Act sets out Federal 
policy and standards for the administration of juvenile justice. It 
authorizes key Federal resources for states to improve their juvenile 
justice systems and for communities to develop programs to prevent 
young people from getting into trouble. We are recommitting ourselves 
to these important goals with this proposed reauthorization. We also 
push the law forward in key ways to better serve our communities and 
our children.
  The basic goals of the Juvenile Justice and Delinquency Prevention 
Act remain the same: keeping our communities safe by reducing juvenile 
crime, advancing programs and policies that keep children out of the 
criminal justice system, and encouraging states to implement policies 
designed to steer those children who do enter the juvenile justice 
system back onto a track to become contributing members of society.
  The reauthorization that we introduce today augments these goals in 
several ways. First, this bill encourages states to move away from 
keeping young people in adult jails. The Centers for Disease Control 
and Prevention has concluded that children who are held in adult 
prisons commit more crimes, and more serious crimes, when they are 
released, than children with

[[Page 8317]]

similar histories who are kept in juvenile facilities. After years of 
pressure to send more and more young people to adult prisons, it is 
time to seriously consider the strong evidence that this policy is not 
working.
  We must do this with ample consideration for the fiscal constraints 
on states, particularly in these lean budget times, and with deference 
to the traditional role of states in setting their own criminal justice 
policy. We have done so here. But we also must work to ensure that 
unless strong and considered reasons dictate otherwise, the presumption 
must be that children will be kept with other children, particularly 
before they have been convicted of any wrongdoing.
  As a former prosecutor, I know well the importance of holding 
criminals accountable for their crimes with strong sentences. But when 
we are talking about children, we must also think about how best to 
help them become responsible, contributing members of society as 
adults. That keeps us all safer.
  I am disturbed that children from minority communities continue to be 
overrepresented in the juvenile justice system. This bill encourages 
states to take new steps to identify the reasons for this serious and 
continuing problem and to work together with the Federal Government and 
with local communities to find ways to start solving it.
  I am also concerned that too many runaway and homeless young people 
are locked up for status offenses, like truancy, without having 
committed any crime. In a Judiciary Committee hearing last year on the 
reauthorization of the Runaway and Homeless Youth Act, we were reminded 
of the plight of this vulnerable population, even in the wealthiest 
country in the world, and inspired by the ability of so many children 
in this desperate situation to rise above that adversity.
  This reauthorization of the Juvenile Justice Act takes strong and 
significant steps to move away from detaining children from at-risk 
populations for status offenses, and requires states to phase out the 
practice entirely in three years, but with a safety valve for those 
states that are unable to move quite so quickly due to limited 
resources.
  As I have worked with experts on this legislation, it has become 
abundantly clear that mental health and drug treatment are fundamental 
to making real progress toward keeping juvenile offenders from 
reoffending. Mental disorders are two to three times more common among 
children in the juvenile justice system than in the general population, 
and 80 percent of young people in the juvenile justice system have been 
found by some studies to have a connection to substance abuse. This 
bill takes new and important steps to prioritize and fund mental health 
and drug treatment.
  The bill tackles several other key facets of juvenile justice reform. 
It emphasizes effective training of personnel who work with young 
people in the juvenile justice system, both to encourage the use of 
approaches that have been proven effective and to eliminate cruel and 
unnecessary treatment of juveniles. The bill also creates incentives 
for the use of programs that research and testing have shown work best.
  Finally, the bill refocuses attention on prevention programs intended 
to keep children from ever entering the criminal justice system. I was 
struck when Chief Richard Miranda of Tucson, AZ, said during our 
December 2007 hearing on this bill that we cannot arrest our way out of 
the problem. I heard the same sentiment from Chief Anthony Bossi and 
others at the Judiciary Committee's field hearing last year on young 
people and violent crime in Rutland, Vermont. When seasoned police 
officers from Rutland, Vermont, to Tucson, Arizona, tell us that 
prevention programs are pivotal, I pay attention.
  Just as the last administration gutted programs that support state 
and local law enforcement, so they consistently cut and narrowed 
effective prevention programs. It would have been even worse had it not 
been for Senator Kohl's efforts. We must work with the Obama 
administration to reverse this trend and help our communities implement 
programs proven to help kids turn their lives around.
  I thank the many prominent Vermont representatives of law 
enforcement, the juvenile justice system, and prevention-oriented non-
profits who have spoken to me in support of reauthorizing this 
important Act, and who have helped inform my understanding of these 
issues. They include Ken Schatz of the Burlington City Attorney's 
Office, Vermont Juvenile Justice Specialist Theresa Lay-Sleeper, and 
Chief Steve McQueen of the Winooski Police Department. I know that many 
Judiciary Committee members have heard from passionate leaders on this 
issue in their own states.
  I have long supported a strong Federal commitment to preventing youth 
violence, with full respect for the discretion due to law enforcement 
and judges, with deference to states, and with a regard for difficult 
fiscal realities. I have worked hard on past reauthorizations of this 
legislation, as have Senators Specter and Kohl and others on the 
Judiciary Committee. We have learned the importance of balancing strong 
law enforcement with effective prevention programs. This 
reauthorization pushes forward new ways to help children move out of 
the criminal justice system, return to school, and become responsible, 
hard-working members of our communities. I hope all Senators will join 
us in supporting this important legislation.
   Mr. President, I ask unanimous consent that the bill text be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Recordm as follows:

                                 S. 678

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Juvenile Justice and 
     Delinquency Prevention Reauthorization Act of 2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

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

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency 
              Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Authority to make grants.
Sec. 207. Grants to Indian tribes.
Sec. 208. Research and evaluation; statistical analyses; information 
              dissemination.
Sec. 209. Training and technical assistance.
Sec. 210. Incentive grants for State and local programs.
Sec. 211. Authorization of appropriations.
Sec. 212. Administrative authority.
Sec. 213. Technical and conforming amendments.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Sec. 301. Definitions.
Sec. 302. Grants for delinquency prevention programs.
Sec. 303. Authorization of appropriations.
Sec. 304. Technical and conforming amendment.

              TITLE I--FINDINGS AND DECLARATION OF PURPOSE

     SEC. 101. FINDINGS.

       Section 101 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5601) is amended to read as 
     follows:

     ``SEC. 101. FINDINGS.

       ``Congress finds the following:
       ``(1) A growing body of adolescent development research 
     supports the use of developmentally appropriate services and 
     sanctions for youth in the juvenile justice system and those 
     at risk for delinquent behavior to help prevent youth crime 
     and to successfully intervene with youth who have already 
     entered the system.
       ``(2) Research has shown that targeted investments to 
     redirect offending juveniles onto a different path are cost 
     effective and can help reduce juvenile recidivism and adult 
     crime.
       ``(3) Minorities are disproportionately represented in the 
     juvenile justice system.
       ``(4) Between 1990 and 2004, the number of youth in adult 
     jails increased by 208 percent.
       ``(5) Every day in the United States, an average of 7,500 
     youth are incarcerated in adult jails.

[[Page 8318]]

       ``(6) Youth who have been previously tried as adults are, 
     on average, 34 percent more likely to commit crimes than 
     youth retained in the juvenile justice system.
       ``(7) Research has shown that every dollar spent on 
     evidence based programs can yield up to $13 in cost savings.
       ``(8) Each child prevented from engaging in repeat criminal 
     offenses can save the community $1,700,000 to $3,400,000.
       ``(9) Youth are 19 times more likely to commit suicide in 
     jail than youth in the general population and 36 times more 
     likely to commit suicide in an adult jail than in a juvenile 
     detention facility.
       ``(10) Seventy percent of youth in detention are held for 
     nonviolent charges, and more than \2/3\ are charged with 
     property offenses, public order offenses, technical probation 
     violations, or status offenses, such as truancy, running 
     away, or breaking curfew.
       ``(11) The prevalence of mental disorders among youth in 
     juvenile justice systems is 2 to 3 times higher than among 
     youth in the general population.
       ``(12) Eighty percent of juveniles in juvenile justice 
     systems have a nexus to substance abuse.
       ``(13) The proportion of girls entering the justice system 
     has increased steadily over the past several decades, rising 
     from 20 percent in 1980 to 29 percent in 2003.''.

     SEC. 102. PURPOSES.

       Section 102 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5602) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) to support a continuum of programs (including 
     delinquency prevention, intervention, mental health and 
     substance abuse treatment, and aftercare) to address the 
     needs of at-risk youth and youth who come into contact with 
     the justice system.''.

     SEC. 103. DEFINITIONS.

       Section 103 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5603) is amended--
       (1) in paragraph (8), by amending subparagraph (C) to read 
     as follows:
       ``(C) an Indian tribe; or'';
       (2) by amending paragraph (18) to read as follows:
       ``(18) the term `Indian tribe' has the meaning given that 
     term in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b);'';
       (3) in paragraph (22), by striking ``or confine adults'' 
     and all that follows and inserting ``or confine adult 
     inmates;'';
       (4) in paragraph (25), by striking ``contact'' and 
     inserting ``sight and sound contact'';
       (5) by amending paragraph (26) to read as follows:
       ``(26) the term `adult inmate'--
       ``(A) means an individual who--
       ``(i) has reached the age of full criminal responsibility 
     under applicable State law; and
       ``(ii) has been arrested and is in custody for or awaiting 
     trial on a criminal charge, or is convicted of a criminal 
     charge offense; and
       ``(B) does not include an individual who--
       ``(i) at the time of the time of the offense, was younger 
     than the maximum age at which a youth can be held in a 
     juvenile facility under applicable State law; and
       ``(ii) was committed to the care and custody of a juvenile 
     correctional agency by a court of competent jurisdiction or 
     by operation of applicable State law;'';
       (6) in paragraph (28), by striking ``and'' at the end;
       (7) in paragraph (29), by striking the period at the end 
     and inserting a semicolon; and
       (8) by adding at the end the following:
       ``(30) the term `core requirements' means the requirements 
     described in paragraphs (11), (12), (13), and (15) of section 
     223(a);
       ``(31) the term `chemical agent' means a spray used to 
     temporarily incapacitate a person, including oleoresin 
     capsicum spray, tear gas, and 2-chlorobenzalmalononitrile 
     gas;
       ``(32) the term `isolation'--
       ``(A) means any instance in which a youth is confined alone 
     for more than 15 minutes in a room or cell; and
       ``(B) does not include confinement during regularly 
     scheduled sleeping hours, or for not more than 1 hour during 
     any 24-hour period in the room or cell in which the youth 
     usually sleeps, protective confinement (for injured youths or 
     youths whose safety is threatened), separation based on an 
     approved treatment program, confinement that is requested by 
     the youth, or the separation of the youth from a group in a 
     non-locked setting for the purpose of calming;
       ``(33) the term `restraint' has the meaning given that term 
     in section 591 of the Public Health Service Act (42 U.S.C. 
     290ii);
       ``(34) the term `evidence based' means a program or 
     practice that is demonstrated to be effective and that--
       ``(A) is based on a clearly articulated and empirically 
     supported theory;
       ``(B) has measurable outcomes, including a detailed 
     description of what outcomes were produced in a particular 
     population; and
       ``(C) has been scientifically tested, optimally through 
     randomized control studies or comparison group studies;
       ``(35) the term `promising' means a program or practice 
     that is demonstrated to be effective based on positive 
     outcomes from 1 or more objective evaluations, as documented 
     in writing to the Administrator;
       ``(36) the term `dangerous practice' means an act, 
     procedure, or program that creates an unreasonable risk of 
     physical injury, pain, or psychological harm to a juvenile 
     subjected to the act, procedure, or program;
       ``(37) the term `screening' means a brief process--
       ``(A) designed to identify youth who may have mental health 
     or substance abuse needs requiring immediate attention, 
     intervention, and further evaluation; and
       ``(B) the purpose of which is to quickly identify a youth 
     with a possible mental health or substance abuse need in need 
     of further assessment;
       ``(38) the term `assessment' includes, at a minimum, an 
     interview and review of available records and other pertinent 
     information--
       ``(A) by a mental health or substance abuse professional 
     who meets the criteria of the applicable State for licensing 
     and education in the mental health or substance abuse field; 
     and
       ``(B) which is designed to identify significant mental 
     health or substance abuse treatment needs to be addressed 
     during a youth's confinement; and
       ``(39) the term `contact' means the point at which a youth 
     interacts with the juvenile justice system or criminal 
     justice system, including interaction with a juvenile 
     justice, juvenile court, or law enforcement official, and 
     including brief, sustained, or repeated interaction.''.

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

     SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.

       Section 204(a)(2)(B)(i) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 
     5614(a)(2)(B)(i)) is amended by striking ``240 days after the 
     date of enactment of this paragraph'' and inserting ``July 2, 
     2009''.

     SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND 
                   DELINQUENCY PREVENTION.

       Section 206 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5616) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``the Administrator of the Substance Abuse 
     and Mental Health Services Administration, the Secretary of 
     Defense, the Secretary of Agriculture,'' after ``the 
     Secretary of Health and Human Services,''; and
       (ii) by striking ``Commissioner of Immigration and 
     Naturalization'' and inserting ``Assistant Secretary for 
     Immigration and Customs Enforcement''; and
       (B) in paragraph (2)(A), by inserting ``(including at least 
     1 representative from the mental health fields)'' after 
     ``field of juvenile justice''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraphs (12)(A), 
     (13), and (14) of section 223(a) of this title'' and 
     inserting ``the core requirements''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, on an annual basis'' after ``collectively'';
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B),

       (I) by striking ``180 days after the date of the enactment 
     of this paragraph'' and inserting ``May 3, 2009'';
       (II) by striking ``Committee on Education and the 
     Workforce'' and inserting ``Committee on Education and 
     Labor''; and
       (III) by striking the period and inserting ``; and''; and

       (iv) by adding at the end the following:
       ``(C) not later than 120 days after the completion of the 
     last meeting in any fiscal year, submit to Congress a report 
     regarding the recommendations described in subparagraph (A), 
     which shall--
       ``(i) include a detailed account of the activities 
     conducted by the Council during the fiscal year, including a 
     complete detailed accounting of expenses incurred by the 
     Coordinating Council to conduct operations in accordance with 
     this section;
       ``(ii) be published on the websites of the Department of 
     Justice and the Coordinating Council; and
       ``(iii) be in addition to the annual report required by 
     section 207.''.

     SEC. 203. ANNUAL REPORT.

       Section 207 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5617) is amended--
       (1) in the matter preceding paragraph (1), by striking ``a 
     fiscal year'' and inserting ``each fiscal year'';
       (2) in paragraph (1)--
       (A) in subparagraph (B), by inserting 
     ``, ethnicity,'' after ``race'';
       (B) in subparagraph (E), by striking ``and'' at the end;
       (C) in subparagraph (F)--
       (i) by inserting ``and other'' before ``disabilities,''; 
     and

[[Page 8319]]

       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(G) a summary of data from 1 month of the applicable 
     fiscal year of the use of restraints and isolation upon 
     juveniles held in the custody of secure detention and 
     correctional facilities operated by a State or unit of local 
     government;
       ``(H) the number of juveniles released from custody and the 
     type of living arrangement to which each such juvenile was 
     released;
       ``(I) the number of status offense cases petitioned to 
     court (including a breakdown by type of offense and 
     disposition), number of status offenders held in secure 
     detention, the findings used to justify the use of secure 
     detention, and the average period of time a status offender 
     was held in secure detention; and
       ``(J) the number of pregnant juveniles held in the custody 
     of secure detention and correctional facilities operated by a 
     State or unit of local government.''; and
       (3) by adding at the end the following:
       ``(5) A description of the criteria used to determine what 
     programs qualify as evidence based and promising programs 
     under this title and title V and a comprehensive list of 
     those programs the Administrator has determined meet such 
     criteria.
       ``(6) A description of funding provided to Indian tribes 
     under this Act, including direct Federal grants and funding 
     provided to Indian tribes through a State or unit of local 
     government.
       ``(7) An analysis and evaluation of the internal controls 
     at Office of Juvenile Justice and Delinquency Prevention to 
     determine if grantees are following the requirements of 
     Office of Juvenile Justice and Delinquency Prevention grant 
     programs and what remedial action Office of Juvenile Justice 
     and Delinquency Prevention has taken to recover any grant 
     funds that are expended in violation of the grant programs, 
     including instances where supporting documentation was not 
     provided for cost reports, where unauthorized expenditures 
     occurred, and where subreceipients of grant funds were not 
     compliant with program requirements.
       ``(8) An analysis and evaluation of the total amount of 
     payments made to grantees that were recouped by the Office of 
     Juvenile Justice and Delinquency Prevention from grantees 
     that were found to be in violation of policies and procedures 
     of the Office of Juvenile Justice and Delinquency Prevention 
     grant programs. This analysis shall include the full name and 
     location of the grantee, the violation of the program found, 
     the amount of funds sought to be recouped by the Office of 
     Juvenile Justice and Delinquency Prevention, and the actual 
     amount recouped by the Office of Juvenile Justice and 
     Delinquency Prevention.''.

     SEC. 204. ALLOCATION OF FUNDS.

       (a) Technical Assistance.--Section 221(b)(1) of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5631(b)(1)) is amended by striking ``2 percent'' and 
     inserting ``5 percent''.
       (b) Other Allocations.--Section 222 of the Juvenile Justice 
     and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is 
     amended--
       (1) in subsection (a)(1), by striking ``age eighteen.'' and 
     inserting ``18 years of age, based on the most recent census 
     data to monitor any significant changes in the relative 
     population of people under 18 years of age occurring in the 
     States.'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (3) by inserting after subsection (b) the following:
       ``(c)(1) If any amount allocated under subsection (a) is 
     withheld from a State due to noncompliance with the core 
     requirements, the funds shall be reallocated for an 
     improvement grant designed to assist the State in achieving 
     compliance with the core requirements.
       ``(2) The Administrator shall condition a grant described 
     in paragraph (1) on--
       ``(A) the State, with the approval of the Administrator, 
     developing specific action steps designed to restore 
     compliance with the core requirements; and
       ``(B) submitting to the Administrator semiannually a report 
     on progress toward implementing the specific action steps 
     developed under subparagraph (A).
       ``(3) The Administrator shall provide appropriate and 
     effective technical assistance directly or through an 
     agreement with a contractor to assist a State receiving a 
     grant described in paragraph (1) in achieving compliance with 
     the core requirements.'';
       (4) in subsection (d), as so redesignated, by striking 
     ``efficient administration, including monitoring, evaluation, 
     and one full-time staff position'' and inserting ``effective 
     and efficient administration, including the designation of at 
     least 1 person to coordinate efforts to achieve and sustain 
     compliance with the core requirements''; and
       (5) in subsection (e), as so redesignated, by striking ``5 
     per centum of the minimum'' and inserting ``not more than 5 
     percent of the''.

     SEC. 205. STATE PLANS.

       Section 223 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5633) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``Not later than 30 days after the date on which a plan or 
     amended plan submitted under this subsection is finalized, a 
     State shall make the plan or amended plan publicly available 
     by posting the plan or amended plan on a publicly available 
     website.'' after ``compliance with State plan 
     requirements.'';
       (B) in paragraph (3)--
       (i) in subparagraph (A)(ii)--

       (I) in subclause (II), by striking ``counsel for children 
     and youth'' and inserting ``publicly supported court-
     appointed legal counsel for children and youth charged in 
     delinquency matters'';
       (II) in subclause (III), by striking ``mental health, 
     education, special education'' and inserting ``children's 
     mental health, education, child and adolescent substance 
     abuse, special education, services for youth with 
     disabilities'';
       (III) in subclause (V), by striking ``delinquents or 
     potential delinquents'' and inserting ``delinquent youth or 
     youth at risk of delinquency, including volunteers who work 
     with youth of color'';
       (IV) in subclause (VII), by striking ``and'' at the end;
       (V) by redesignating subclause (VIII) as subclause (XI);
       (VI) by inserting after subclause (VII) the following:
       ``(VIII) the executive director or the designee of the 
     executive director of a public or nonprofit entity that is 
     located in the State and receiving a grant under part A of 
     title III;
       ``(IX) persons with expertise and competence in preventing 
     and addressing mental health or substance abuse needs in 
     juvenile delinquents and those at-risk of delinquency;
       ``(X) representatives of victim or witness advocacy groups; 
     and''; and
       (VII) in subclause (XI), as so redesignated, by striking 
     ``disabilities'' and inserting ``and other disabilities, 
     truancy reduction or school failure'';

       (ii) in subparagraph (D)(ii), by striking ``requirements of 
     paragraphs (11), (12), and (13)'' and inserting ``core 
     requirements''; and
       (iii) in subparagraph (E)(i), by adding ``and'' at the end;
       (C) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 222(d)'' and inserting ``section 222(e)''; and
       (ii) in subparagraph (C), by striking ``Indian tribes'' and 
     all that follows through ``applicable to the detention and 
     confinement of juveniles'' and inserting ``Indian tribes that 
     agree to attempt to comply with the core requirements 
     applicable to the detention and confinement of juveniles'';
       (D) in paragraph (7)(B)--
       (i) by striking clause (i) and inserting the following:
       ``(i) a plan for ensuring that the chief executive officer 
     of the State, State legislature, and all appropriate public 
     agencies in the State with responsibility for provision of 
     services to children, youth and families are informed of the 
     requirements of the State plan and compliance with the core 
     requirements;'';
       (ii) in clause (iii), by striking ``and'' at the end; and
       (iii) by striking clause (iv) and inserting the following:
       ``(iv) a plan to provide alternatives to detention, 
     including diversion to home-based or community-based services 
     that are culturally and linguistically competent or treatment 
     for those youth in need of mental health, substance abuse, or 
     co-occurring disorder services at the time such juveniles 
     first come into contact with the juvenile justice system;
       ``(v) a plan to reduce the number of children housed in 
     secure detention and corrections facilities who are awaiting 
     placement in residential treatment programs;
       ``(vi) a plan to engage family members in the design and 
     delivery of juvenile delinquency prevention and treatment 
     services, particularly post-placement; and
       ``(vii) a plan to use community-based services to address 
     the needs of at-risk youth or youth who have come into 
     contact with the juvenile justice system;'';
       (E) in paragraph (8), by striking ``existing'' and 
     inserting ``evidence based and promising'';
       (F) in paragraph (9)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 222(d)'' and inserting ``section 222(e)'';
       (ii) in subparagraph (A)(i), by inserting ``status 
     offenders and other'' before ``youth who need'';
       (iii) in subparagraph (B)(i)--

       (I) by striking ``parents and other family members'' and 
     inserting ``status offenders, other youth, and the parents 
     and other family members of such offenders and youth''; and
       (II) by striking ``be retained'' and inserting ``remain'';

       (iv) by redesignating subparagraphs (G) through (S) as 
     subparagraphs (J) through (V), respectively;
       (v) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively;
       (vi) by inserting after subparagraph (D) the following:
       ``(E) providing training and technical assistance to, and 
     consultation with, juvenile justice and child welfare 
     agencies of States and units of local government to develop 
     coordinated plans for early intervention and

[[Page 8320]]

     treatment of youth who have a history of abuse and juveniles 
     who have prior involvement with the juvenile justice 
     system;'';
       (vii) in subparagraph (G), as so redesignated, by striking 
     ``expanding'' and inserting ``programs to expand'';
       (viii) by inserting after subparagraph (G), as so 
     redesignated, the following:
       ``(H) programs to improve the recruitment, selection, 
     training, and retention of professional personnel in the 
     fields of medicine, law enforcement, judiciary, juvenile 
     justice, social work and child protection, education, and 
     other relevant fields who are engaged in, or intend to work 
     in, the field of prevention, identification, and treatment of 
     delinquency;
       ``(I) expanding access to publicly supported, court-
     appointed legal counsel and enhancing capacity for the 
     competent representation of every child;'';
       (ix) in subparagraph (O), as so redesignated--

       (I) in clause (i), by striking ``restraints'' and inserting 
     ``alternatives''; and
       (II) in clause (ii), by striking ``by the provision''; and

       (x) in subparagraph (V), as so redesignated, by striking 
     the period at the end and inserting a semicolon;
       (G) in paragraph (11)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by adding ``and'' at the end; and
       (iii) by adding at the end the following:
       ``(C) encourage the use of community-based alternatives to 
     secure detention, including programs of public and nonprofit 
     entities receiving a grant under part A of title III;'';
       (H) in paragraph (12)(A), by striking ``contact'' and 
     inserting ``sight and sound contact'';
       (I) in paragraph (13), by striking ``contact'' each place 
     it appears and inserting ``sight and sound contact'';
       (J) by striking paragraph (22);
       (K) by redesignating paragraphs (23) through (28) as 
     paragraphs (24) through (29), respectively;
       (L) by redesignating paragraphs (14) through (21) as 
     paragraphs (16) through (23), respectively;
       (M) by inserting after paragraph (13) the following:
       ``(14) require that--
       ``(A) not later than 3 years after the date of enactment of 
     the Juvenile Justice and Delinquency Prevention 
     Reauthorization Act of 2009, unless a court finds, after a 
     hearing and in writing, that it is in the interest of 
     justice, juveniles awaiting trial or other legal process who 
     are treated as adults for purposes of prosecution in criminal 
     court and housed in a secure facility--
       ``(i) shall not have sight and sound contact with adult 
     inmates; and
       ``(ii) except as provided in paragraph (13), may not be 
     held in any jail or lockup for adults;
       ``(B) in determining under subparagraph (A) whether it is 
     in the interest of justice to permit a juvenile to be held in 
     any jail or lockup for adults, or have sight and sound 
     contact with adult inmates, a court shall consider--
       ``(i) the age of the juvenile;
       ``(ii) the physical and mental maturity of the juvenile;
       ``(iii) the present mental state of the juvenile, including 
     whether the juvenile presents an imminent risk of harm to the 
     juvenile;
       ``(iv) the nature and circumstances of the alleged offense;
       ``(v) the juvenile's history of prior delinquent acts;
       ``(vi) the relative ability of the available adult and 
     juvenile detention facilities to meet the specific needs of 
     the juvenile and to protect the public;
       ``(vii) whether placement in a juvenile facility will 
     better serve the long-term interests of the juvenile and be 
     more likely to prevent recidivism;
       ``(viii) the availability of programs designed to treat the 
     juvenile's behavioral problems; and
       ``(ix) any other relevant factor; and
       ``(C) if a court determines under subparagraph (A) that it 
     is in the interest of justice to permit a juvenile to be held 
     in any jail or lockup for adults, or have sight and sound 
     contact with adult inmates--
       ``(i) the court shall hold a hearing not less frequently 
     than once every 30 days to review whether it is still in the 
     interest of justice to permit the juvenile to be so held or 
     have such sight and sound contact; and
       ``(ii) the juvenile shall not be held in any jail or lockup 
     for adults, or permitted to have sight and sound contact with 
     adult inmates, for more than 180 days, unless the court, in 
     writing, determines there is good cause for an extension or 
     the juvenile expressly waives this limitation;
       ``(15) implement policy, practice, and system improvement 
     strategies at the State, territorial, local, and tribal 
     levels, as applicable, to identify and reduce racial and 
     ethnic disparities among youth who come into contact with the 
     juvenile justice system, without establishing or requiring 
     numerical standards or quotas, by--
       ``(A) establishing coordinating bodies, composed of 
     juvenile justice stakeholders at the State, local, or tribal 
     levels, to oversee and monitor efforts by States, units of 
     local government, and Indian tribes to reduce racial and 
     ethnic disparities;
       ``(B) identifying and analyzing key decision points in 
     State, local, or tribal juvenile justice systems to determine 
     which points create racial and ethnic disparities among youth 
     who come into contact with the juvenile justice system;
       ``(C) developing and implementing data collection and 
     analysis systems to identify where racial and ethnic 
     disparities exist in the juvenile justice system and to track 
     and analyze such disparities;
       ``(D) developing and implementing a work plan that includes 
     measurable objectives for policy, practice, or other system 
     changes, based on the needs identified in the data collection 
     and analysis under subparagraphs (B) and (C); and
       ``(E) publicly reporting, on an annual basis, the efforts 
     made in accordance with subparagraphs (B), (C), and (D);''
       (N) in paragraph (16), as so redesignated--
       (i) by striking ``adequate system'' and inserting 
     ``effective system'';
       (ii) by striking ``requirements of paragraph (11),'' and 
     all that follows through ``monitoring to the Administrator'' 
     and inserting ``the core requirements are met, and for annual 
     reporting to the Administrator of such plan, including the 
     results of such monitoring and all related enforcement and 
     educational activities''; and
       (iii) by striking ``, in the opinion of the 
     Administrator,'';
       (O) in paragraph (17), as so redesignated, by inserting 
     ``ethnicity,'' after ``race,'';
       (P) in paragraph (24), as so redesignated--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by adding ``and'' at the end; and
       (III) by adding at the end the following:

       ``(iii) if such court determines the juvenile should be 
     placed in a secure detention facility or correctional 
     facility for violating such order--

       ``(I) the court shall issue a written order that--

       ``(aa) identifies the valid court order that has been 
     violated;
       ``(bb) specifies the factual basis for determining that 
     there is reasonable cause to believe that the juvenile has 
     violated such order;
       ``(cc) includes findings of fact to support a determination 
     that there is no appropriate less restrictive alternative 
     available to placing the juvenile in such a facility, with 
     due consideration to the best interest of the juvenile;
       ``(dd) specifies the length of time, not to exceed 7 days, 
     that the juvenile may remain in a secure detention facility 
     or correctional facility, and includes a plan for the 
     juvenile's release from such facility; and
       ``(ee) may not be renewed or extended; and

       ``(II) the court may not issue a second or subsequent order 
     described in subclause (I) relating to a juvenile, unless the 
     juvenile violates a valid court order after the date on which 
     the court issues an order described in subclause (I);''; and

       (iii) by adding at the end the following:
       ``(D) there are procedures in place to ensure that any 
     juvenile held in a secure detention facility or correctional 
     facility pursuant to a court order described in this 
     paragraph does not remain in custody longer than 7 days or 
     the length of time authorized by the court, which ever is 
     shorter; and
       ``(E) not later than 3 years after the date of enactment of 
     the Juvenile Justice and Delinquency Prevention 
     Reauthorization Act of 2009 with a 1 year extension for each 
     additional year that the State can demonstrate hardship as 
     determined by the Administrator, the State will eliminate the 
     use of valid court orders to provide secure lockup of status 
     offenders;'';
       (Q) in paragraph (26), as so redesignated, by striking 
     ``section 222(d)'' and inserting ``section 222(e)'';
       (R) in paragraph (27), as so redesignated--
       (i) by inserting ``and in accordance with confidentiality 
     concerns,'' after ``maximum extent practicable,''; and
       (ii) by striking the semicolon at the end and inserting the 
     following: ``, so as to provide for--
       ``(A) a compilation of data reflecting information on 
     juveniles entering the juvenile justice system with a prior 
     reported history as victims of child abuse or neglect through 
     arrest, court intake, probation and parole, juvenile 
     detention, and corrections; and
       ``(B) a plan to use the data described in subparagraph (A) 
     to provide necessary services for the treatment of victims of 
     child abuse and neglect who have entered, or are at risk of 
     entering, the juvenile justice system;'';
       (S) in paragraph (28), as so redesignated--
       (i) by striking ``establish policies'' and inserting 
     ``establish protocols, policies, procedures,''; and
       (ii) by striking ``and'' at the end;
       (T) in paragraph (29), as so redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (U) by adding at the end the following:
       ``(30) provide for the coordinated use of funds provided 
     under this Act with other

[[Page 8321]]

     Federal and State funds directed at juvenile delinquency 
     prevention and intervention programs;
       ``(31) develop policies and procedures, and provide 
     training for facility staff to eliminate the use of dangerous 
     practices, unreasonable restraints, and unreasonable 
     isolation, including by developing effective behavior 
     management techniques;
       ``(32) describe--
       ``(A) how the State will ensure that mental health and 
     substance abuse screening, assessment, referral, and 
     treatment for juveniles in the juvenile justice system 
     includes efforts to implement an evidence-based mental health 
     and substance abuse disorder screening and assessment program 
     for all juveniles held in a secure facility for a period of 
     more than 24 hours that provides for 1 or more initial 
     screenings and, if an initial screening of a juvenile 
     demonstrates a need, further assessment;
       ``(B) the method to be used by the State to provide 
     screening and, where needed, assessment, referral, and 
     treatment for youth who request or show signs of needing 
     mental health or substance abuse screening, assessment, 
     referral, or treatment during the period after the initial 
     screening that the youth is incarcerated;
       ``(C) the method to be used by the State to provide or 
     arrange for mental health and substance abuse disorder 
     treatment for juveniles determined to be in need of such 
     treatment; and
       ``(D) the policies of the State designed to develop and 
     implement comprehensive collaborative State or local plans to 
     meet the service needs of juveniles with mental health or 
     substance abuse needs who come into contact with the justice 
     system and the families of the juveniles;
       ``(33) provide procedural safeguards to adjudicated 
     juveniles, including--
       ``(A) a written case plan for each juvenile, based on an 
     assessment of the needs of the juvenile and developed and 
     updated in consultation with the juvenile, the family of the 
     juvenile, and, if appropriate, counsel for the juvenile, 
     that--
       ``(i) describes the pre-release and post-release programs 
     and reentry services that will be provided to the juvenile;
       ``(ii) describes the living arrangement to which the 
     juvenile is to be discharged; and
       ``(iii) establishes a plan for the enrollment of the 
     juvenile in post-release health care, behavioral health care, 
     educational, vocational, training, family support, public 
     assistance, and legal services programs, as appropriate;
       ``(B) as appropriate, a hearing that--
       ``(i) shall take place in a family or juvenile court or 
     another court (including a tribal court) of competent 
     jurisdiction, or by an administrative body appointed or 
     approved by the court, not earlier than 30 days before the 
     date on which the juvenile is scheduled to be released, and 
     at which the juvenile would be represented by counsel; and
       ``(ii) shall determine the discharge plan for the juvenile, 
     including a determination of whether a safe, appropriate, and 
     permanent living arrangement has been secured for the 
     juvenile and whether enrollment in health care, behavioral 
     health care, educational, vocational, training, family 
     support, public assistance and legal services, as 
     appropriate, has been arranged for the juvenile; and
       ``(C) policies to ensure that discharge planning and 
     procedures--
       ``(i) are accomplished in a timely fashion prior to the 
     release from custody of each adjudicated juvenile; and
       ``(ii) do not delay the release from custody of the 
     juvenile; and
       ``(34) provide a description of the use by the State of 
     funds for reentry and aftercare services for juveniles 
     released from the juvenile justice system.'';
       (2) in subsection (c)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``applicable requirements of paragraphs 
     (11), (12), (13), and (22) of subsection (a)'' and inserting 
     ``core requirements''; and
       (ii) by striking ``2001, then'' and inserting ``2009'';
       (B) in paragraph (1)--
       (i) by striking ``the subsequent fiscal year'' and 
     inserting ``that fiscal year''; and
       (ii) by striking ``, and'' at the end and inserting a 
     semicolon;
       (C) in paragraph (2)(B)(ii)--
       (i) by inserting ``, administrative,'' after ``appropriate 
     executive''; and
       (ii) by striking the period at the end and inserting ``, as 
     specified in section 222(c); and''; and
       (D) by adding at the end the following:
       ``(3) the State shall submit to the Administrator a report 
     detailing the reasons for noncompliance with the core 
     requirements, including the plan of the State to regain full 
     compliance, and the State shall make publicly available such 
     report, not later than 30 days after the date on which the 
     Administrator approves the report, by posting the report on a 
     publicly available website.'';
       (3) in subsection (d)--
       (A) by striking ``section 222(d)'' and inserting ``section 
     222(e)'';
       (B) by striking ``described in paragraphs (11), (12), (13), 
     and (22) of subsection (a)'' and inserting ``described in the 
     core requirements''; and
       (C) by striking ``the requirements under paragraphs (11), 
     (12), (13), and (22) of subsection (a)'' and inserting ``the 
     core requirements''; and
       (4) by striking subsection (f) and inserting the following:
       ``(f) Compliance Determination.--
       ``(1) In general.--Not later than 60 days after the date of 
     receipt of information indicating that a State may be out of 
     compliance with any of the core requirements, the 
     Administrator shall determine whether the State is in 
     compliance with the core requirements.
       ``(2) Reporting.--The Administrator shall--
       ``(A) issue an annual public report--
       ``(i) describing any determination described in paragraph 
     (1) made during the previous year, including a summary of the 
     information on which the determination is based and the 
     actions to be taken by the Administrator (including a 
     description of any reduction imposed under subsection (c)); 
     and
       ``(ii) for any such determination that a State is out of 
     compliance with any of the core requirements, describing the 
     basis for the determination; and
       ``(B) make the report described in subparagraph (A) 
     available on a publicly available website.
       ``(g) Technical Assistance.--
       ``(1) Organization of state advisory group member 
     representatives.--The Administrator shall provide technical 
     and financial assistance to an agency, institution, or 
     organization to assist in carrying out the activities 
     described in paragraph (3). The functions and activities of 
     an agency, institution, or organization under this subsection 
     shall not be subject to the Federal Advisory Committee Act.
       ``(2) Composition.--To be eligible to receive assistance 
     under this subsection, an agency, institution, or 
     organization shall--
       ``(A) be governed by individuals who--
       ``(i) have been appointed by a chief executive of a State 
     to serve as a member of a State advisory group established 
     under subsection (a)(3); and
       ``(ii) are elected to serve as a governing officer of such 
     an agency, institution, or organization by a majority of the 
     member Chairs (or the designees of the member Chairs) of all 
     State advisory groups established under subsection (a)(3);
       ``(B) include member representatives--
       ``(i) from a majority of the State advisory groups 
     established under subsection (a)(3); and
       ``(ii) who are representative of regionally and 
     demographically diverse State jurisdictions; and
       ``(C) annually seek advice from the Chairs (or the 
     designees of the member Chairs) of each State advisory group 
     established under subsection (a)(3) to implement the advisory 
     functions specified in subparagraphs (D) and (E) of paragraph 
     (3) of this subsection.
       ``(3) Activities.--To be eligible to receive assistance 
     under this subsection, an agency, institution, or 
     organization shall agree to--
       ``(A) conduct an annual conference of the member 
     representatives of the State advisory groups established 
     under subsection (a)(3) for purposes relating to the 
     activities of such State advisory groups;
       ``(B) disseminate information, data, standards, advanced 
     techniques, and program models;
       ``(C) review Federal policies regarding juvenile justice 
     and delinquency prevention;
       ``(D) advise the Administrator regarding particular 
     functions or aspects of the work of the Office; and
       ``(E) advise the President and Congress regarding State 
     perspectives on the operation of the Office and Federal 
     legislation relating to juvenile justice and delinquency 
     prevention.''.

     SEC. 206. AUTHORITY TO MAKE GRANTS.

       Section 241(a) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended--
       (1) in paragraph (1), by inserting ``status offenders,'' 
     before ``juvenile offenders, and juveniles'';
       (2) in paragraph (5), by striking ``juvenile offenders and 
     juveniles'' and inserting ``status offenders, juvenile 
     offenders, and juveniles'';
       (3) in paragraph (10), by inserting ``, including juveniles 
     with disabilities'' before the semicolon;
       (4) in paragraph (17), by inserting ``truancy prevention 
     and reduction,'' after ``mentoring,'';
       (5) in paragraph (24), by striking ``and'' at the end;
       (6) by redesignating paragraph (25) as paragraph (26); and
       (7) by inserting after paragraph (24) the following:
       ``(25) projects that support the establishment of 
     partnerships between a State and a university, institution of 
     higher education, or research center designed to improve the 
     recruitment, selection, training, and retention of 
     professional personnel in the fields of medicine, law 
     enforcement, judiciary, juvenile justice, social work and 
     child protection, education, and other relevant fields who 
     are engaged in, or intend to work in, the field of 
     prevention, identification, and treatment of delinquency; 
     and''.

[[Page 8322]]



     SEC. 207. GRANTS TO INDIAN TRIBES.

       (a) In General.--Section 246(a)(2) of the Juvenile Justice 
     and Delinquency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) 
     is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively; and
       (3) in subparagraph (B)(ii), as so redesignated, by 
     striking ``subparagraph (B)'' and inserting ``subparagraph 
     (A)''.
       (b) Technical and Conforming Amendment.--Section 
     223(a)(7)(A) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) is amended 
     by striking ``(including any geographical area in which an 
     Indian tribe performs law enforcement functions)'' and 
     inserting ``(including any geographical area of which an 
     Indian tribe has jurisdiction)''.

     SEC. 208. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; 
                   INFORMATION DISSEMINATION.

       (a) In General.--Section 251 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5661) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter proceeding subparagraph (A), by striking 
     ``may'' and inserting ``shall'';
       (ii) in subparagraph (A), by striking ``plan and identify'' 
     and inserting ``annually provide a written and publicly 
     available plan to identify''; and
       (iii) in subparagraph (B)--

       (I) by amending clause (iii) to read as follows:

       ``(iii) successful efforts to prevent status offenders and 
     first-time minor offenders from subsequent involvement with 
     the criminal justice system;'';

       (II) by amending clause (vii) to read as follows:

       ``(vii) the prevalence and duration of behavioral health 
     needs (including mental health, substance abuse, and co-
     occurring disorders) among juveniles pre-placement and post-
     placement when held in the custody of secure detention and 
     corrections facilities, including an examination of the 
     effects of confinement;'';

       (III) by redesignating clauses (ix), (x), and (xi) as 
     clauses (xi), (xii), and (xiii), respectively; and
       (IV) by inserting after clause (viii) the following:

       ``(ix) training efforts and reforms that have produced 
     reductions in or elimination of the use of dangerous 
     practices;
       ``(x) methods to improve the recruitment, selection, 
     training, and retention of professional personnel in the 
     fields of medicine, law enforcement, judiciary, juvenile 
     justice, social work and child protection, education, and 
     other relevant fields who are engaged in, or intend to work 
     in, the field of prevention, identification, and treatment of 
     delinquency;''; and
       (B) in paragraph (4)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``and not later than 1 year after the date of enactment of 
     the Juvenile Justice and Delinquency Prevention 
     Reauthorization Act of 2009'' after ``date of enactment of 
     this paragraph'';
       (ii) in subparagraph (F), by striking ``and'' at the end;
       (iii) in subparagraph (G), by striking the period at the 
     end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(H) a description of the best practices in discharge 
     planning; and
       ``(I) an assessment of living arrangements for juveniles 
     who cannot return to the homes of the juveniles.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (a), by striking ``may'' and inserting ``shall''; and
       (3) by adding at the end the following:
       ``(f) National Recidivism Measure.--The Administrator, in 
     consultation with experts in the field of juvenile justice 
     research, recidivism, and date collection, shall--
       ``(1) establish a uniform method of data collection and 
     technology that States shall use to evaluate data on juvenile 
     recidivism on an annual basis;
       ``(2) establish a common national juvenile recidivism 
     measurement system; and
       ``(3) make cumulative juvenile recidivism data that is 
     collected from States available to the public.''.
       (b) Studies.--
       (1) Assessment of treating juveniles as adults.--The 
     Administrator shall--
       (A) not later than 3 years after the date of enactment of 
     this Act, assess the effectiveness of the practice of 
     treating youth under 18 years of age as adults for purposes 
     of prosecution in criminal court; and
       (B) not later than 42 months after the date of enactment of 
     this Act, submit to Congress and the President, and make 
     publicly available, a report on the findings and conclusions 
     of the assessment under subparagraph (A) and any recommended 
     changes in law identified as a result of the assessment under 
     subparagraph (A).
       (2) Outcome study of former juvenile offenders.--The 
     Administrator shall conduct a study of adjudicated juveniles 
     and publish a report on the outcomes for juveniles who have 
     reintegrated into the community, which shall include 
     information on the outcomes relating to family reunification, 
     housing, education, employment, health care, behavioral 
     health care, and repeat offending.
       (3) Disabilities.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall conduct a 
     study that addresses the prevalence of disability and various 
     types of disabilities in the juvenile justice population.
       (4) Definition of administrator.--In this subsection, the 
     term ``Administrator'' means the head of the Office of 
     Juvenile Justice and Delinquency Prevention.

     SEC. 209. TRAINING AND TECHNICAL ASSISTANCE.

       Section 252 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5662) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'';
       (B) in paragraph (1), by inserting ``shall'' before 
     ``develop and carry out projects''; and
       (C) in paragraph (2), by inserting ``may'' before ``make 
     grants to and contracts with'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``may'';
       (B) in paragraph (1)--
       (i) by inserting ``shall'' before ``develop and implement 
     projects''; and
       (ii) by striking ``and'' at the end;
       (C) in paragraph (2)--
       (i) by inserting ``may'' before ``make grants to and 
     contracts with''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (D) by adding at the end the following:
       ``(3) shall provide technical assistance to States and 
     units of local government on achieving compliance with the 
     amendments made by the Juvenile Justice and Delinquency 
     Prevention Reauthorization Act of 2009; and
       ``(4) shall provide technical assistance to States in 
     support of efforts to establish partnerships between the 
     State and a university, institution of higher education, or 
     research center designed to improve the recruitment, 
     selection, training, and retention of professional personnel 
     in the fields of medicine, law enforcement, judiciary, 
     juvenile justice, social work and child protection, 
     education, and other relevant fields who are engaged in, or 
     intend to work in, the field of prevention, identification, 
     and treatment of delinquency.''; and
       (3) by adding at the end the following:
       ``(d) Technical Assistance to States Regarding Legal 
     Representation of Children.--The Administrator shall develop 
     and issue standards of practice for attorneys representing 
     children, and ensure that the standards are adapted for use 
     in States.
       ``(e) Training and Technical Assistance for Local and State 
     Juvenile Detention and Corrections Personnel.--The 
     Administrator shall coordinate training and technical 
     assistance programs with juvenile detention and corrections 
     personnel of States and units of local government to--
       ``(1) promote methods for improving conditions of juvenile 
     confinement, including those that are designed to minimize 
     the use of dangerous practices, unreasonable restraints, and 
     isolation; and
       ``(2) encourage alternative behavior management techniques.
       ``(f) Training and Technical Assistance To Support Mental 
     Health or Substance Abuse Treatment Including Home-Based or 
     Community-Based Care.--The Administrator shall provide 
     training and technical assistance, in conjunction with the 
     appropriate public agencies, to individuals involved in 
     making decisions regarding the disposition of cases for youth 
     who enter the juvenile justice system about the appropriate 
     services and placement for youth with mental health or 
     substance abuse needs, including--
       ``(1) juvenile justice intake personnel;
       ``(2) probation officers;
       ``(3) juvenile court judges and court services personnel;
       ``(4) prosecutors and court-appointed counsel; and
       ``(5) family members of juveniles and family advocates.''.

     SEC. 210. INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
       (1) by redesignating part F as part G; and
       (2) by inserting after part E the following:

        ``PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS

     ``SEC. 271. INCENTIVE GRANTS.

       ``(a) Incentive Grant Funds.--The Administrator may make 
     incentive grants to a State, unit of local government, or 
     combination of States and local governments to assist a 
     State, unit of local government, or combination thereof in 
     carrying out an activity identified in subsection (b)(1).
       ``(b) Use of Funds.--
       ``(1) In general.--An incentive grant made by the 
     Administrator under this section may be used to--
       ``(A) increase the use of evidence based or promising 
     prevention and intervention programs;
       ``(B) improve the recruitment, selection, training, and 
     retention of professional personnel (including in the fields 
     of medicine, law enforcement, judiciary, juvenile justice,

[[Page 8323]]

     social work, and child prevention) who are engaged in, or 
     intend to work in, the field of prevention, intervention, and 
     treatment of juveniles to reduce delinquency;
       ``(C) establish or support a partnership between juvenile 
     justice agencies of a State or unit of local government and 
     mental health authorities of State or unit of local 
     government to establish and implement programs to ensure 
     there are adequate mental health and substance abuse 
     screening, assessment, referral, treatment, and after-care 
     services for juveniles who come into contact with the justice 
     system by--
       ``(i) carrying out programs that divert from incarceration 
     juveniles who come into contact with the justice system 
     (including facilities contracted for operation by State or 
     local juvenile authorities) and have mental health or 
     substance abuse needs--

       ``(I) when such juveniles are at imminent risk of being 
     taken into custody;
       ``(II) at the time such juveniles are initially taken into 
     custody;
       ``(III) after such juveniles are charged with an offense or 
     act of juvenile delinquency;
       ``(IV) after such juveniles are adjudicated delinquent and 
     before case disposition; and
       ``(V) after such juveniles are committed to secure 
     placement; or

       ``(ii) improving treatment of juveniles with mental health 
     needs by working to ensure--

       ``(I) that--

       ``(aa) initial mental health screening is--
       ``(AA) completed for a juvenile immediately upon entering 
     the juvenile justice system or a juvenile facility; and
       ``(BB) conducted by qualified health and mental health 
     professionals or by staff who have been trained by qualified 
     health, mental health, and substance abuse professionals; and
       ``(bb) in the case of screening, results that indicate 
     possible need for mental health or substance abuse services 
     are reviewed by qualified mental health or substance abuse 
     treatment professionals not later than 24 hours after the 
     screening;

       ``(II) that a juvenile who suffers from an acute mental 
     disorder, is suicidal, or is in need of medical attention due 
     to intoxication is--

       ``(aa) placed in or immediately transferred to an 
     appropriate medical or mental health facility; and
       ``(bb) only admitted to a secure correctional facility with 
     written medical clearance;

       ``(III) that--

       ``(aa) for a juvenile identified by a screening as needing 
     a mental health assessment, the mental health assessment and 
     any indicated comprehensive evaluation or individualized 
     treatment plan are written and implemented--
       ``(AA) not later than 2 weeks after the date on which the 
     juvenile enters the juvenile justice system; or
       ``(BB) if a juvenile is entering a secure facility, not 
     later than 1 week after the date on which the juvenile enters 
     the juvenile justice system; and
       ``(bb) the assessments described in item (aa) are completed 
     by qualified health, mental health, and substance abuse 
     professionals;

       ``(IV) that--

       ``(aa) if the need for treatment is indicated by the 
     assessment of a juvenile, the juvenile is referred to or 
     treated by a qualified professional;
       ``(bb) a juvenile who is receiving treatment for a mental 
     health or substance abuse need on the date of the assessment 
     continues to receive treatment;
       ``(cc) treatment of a juvenile continues until a qualified 
     mental health professional determines that the juvenile is no 
     longer in need of treatment; and
       ``(dd) treatment plans for juveniles are reevaluated at 
     least every 30 days;

       ``(V) that--

       ``(aa) discharge plans are prepared for an incarcerated 
     juvenile when the juvenile enters the correctional facility 
     in order to integrate the juvenile back into the family and 
     the community;
       ``(bb) discharge plans for an incarcerated juvenile are 
     updated, in consultation with the family or guardian of a 
     juvenile, before the juvenile leaves the facility; and
       ``(cc) discharge plans address the provision of aftercare 
     services;

       ``(VI) that any juvenile in the juvenile justice system 
     receiving psychotropic medications is--

       ``(aa) under the care of a licensed psychiatrist; and
       ``(bb) monitored regularly by trained staff to evaluate the 
     efficacy and side effects of the psychotropic medications; 
     and

       ``(VII) that specialized treatment and services are 
     continually available to a juvenile in the juvenile justice 
     system who has--

       ``(aa) a history of mental health needs or treatment;
       ``(bb) a documented history of sexual offenses or sexual 
     abuse, as a victim or perpetrator;
       ``(cc) substance abuse needs or a health problem, learning 
     disability, or history of family abuse or violence; or
       ``(dd) developmental disabilities;
       ``(D) provide training, in conjunction with the public or 
     private agency that provides mental health services, to 
     individuals involved in making decisions involving youth who 
     enter the juvenile justice system (including intake 
     personnel, law enforcement, prosecutors, juvenile court 
     judges, public defenders, mental health and substance abuse 
     service providers and administrators, probation officers, and 
     parents) that focuses on--
       ``(i) the availability of screening and assessment tools 
     and the effective use of such tools;
       ``(ii) the purpose, benefits, and need to increase 
     availability of mental health or substance abuse treatment 
     programs (including home-based and community-based programs) 
     available to juveniles within the jurisdiction of the 
     recipient;
       ``(iii) the availability of public and private services 
     available to juveniles to pay for mental health or substance 
     abuse treatment programs; or
       ``(iv) the appropriate use of effective home-based and 
     community-based alternatives to juvenile justice or mental 
     health system institutional placement; and
       ``(E) develop comprehensive collaborative plans to address 
     the service needs of juveniles with mental health or 
     substance abuse disorders who are at risk of coming into 
     contact with the juvenile justice system that--
       ``(i) revise and improve the delivery of intensive home-
     based and community-based services to juveniles who have been 
     in contact with or who are at risk of coming into contact 
     with the justice system;
       ``(ii) determine how the service needs of juveniles with 
     mental health or substance abuse disorders who come into 
     contact with the juvenile justice system will be furnished 
     from the initial detention stage until after discharge in 
     order for these juveniles to avoid further contact with the 
     justice system;
       ``(iii) demonstrate that the State or unit of local 
     government has entered into appropriate agreements with all 
     entities responsible for providing services under the plan, 
     such as the agency of the State or unit of local government 
     charged with administering juvenile justice programs, the 
     agency of the State or unit of local government charged with 
     providing mental health services, the agency of the State or 
     unit of local government charged with providing substance 
     abuse treatment services, the educational agency of the State 
     or unit of local government, the child welfare system of the 
     State or local government, and private nonprofit community-
     based organizations;
       ``(iv) ensure that the State or unit of local government 
     has in effect any laws necessary for services to be delivered 
     in accordance with the plan;
       ``(v) establish a network of individuals (or incorporates 
     an existing network) to provide coordination between mental 
     health service providers, substance abuse service providers, 
     probation and parole officers, judges, corrections personnel, 
     law enforcement personnel, State and local educational agency 
     personnel, parents and families, and other appropriate 
     parties regarding effective treatment of juveniles with 
     mental health or substance abuse disorders;
       ``(vi) provide for cross-system training among law 
     enforcement personnel, corrections personnel, State and local 
     educational agency personnel, mental health service 
     providers, and substance abuse service providers to enhance 
     collaboration among systems;
       ``(vii) provide for coordinated and effective aftercare 
     programs for juveniles who have been diagnosed with a mental 
     health or substance abuse disorder and who are discharged 
     from home-based care, community-based care, any other 
     treatment program, secure detention facilities, secure 
     correctional facilities, or jail;
       ``(viii) provide for the purchase of technical assistance 
     to support the implementation of the plan;
       ``(ix) estimate the costs of implementing the plan and 
     proposes funding sources sufficient to meet the non-Federal 
     funding requirements for implementation of the plan under 
     subsection (c)(2)(E);
       ``(x) describe the methodology to be used to identify 
     juveniles at risk of coming into contact with the juvenile 
     justice system;
       ``(xi) provide a written plan to ensure that all training 
     and services provided under the plan will be culturally and 
     linguistically competent; and
       ``(xii) describe the outcome measures and benchmarks that 
     will be used to evaluate the progress and effectiveness of 
     the plan.
       ``(2) Coordination and administration.--A State or unit of 
     local government receiving a grant under this section shall 
     ensure that--
       ``(A) the use of the grant under this section is developed 
     as part of the State plan required under section 223(a); and
       ``(B) not more than 5 percent of the amount received under 
     this section is used for administration of the grant under 
     this section.
       ``(c) Application.--
       ``(1) In general.--A State or unit of local government 
     desiring a grant under this section shall submit an 
     application at such time, in such manner, and containing such 
     information as the Administrator may prescribe.
       ``(2) Contents.--In accordance with guidelines that shall 
     be established by the Administrator, each application for 
     incentive grant funding under this section shall--
       ``(A) describe any activity or program the funding would be 
     used for and how the activity or program is designed to carry 
     out 1 or

[[Page 8324]]

     more of the activities described in subsection (b);
       ``(B) if any of the funds provided under the grant would be 
     used for evidence based or promising prevention or 
     intervention programs, include a detailed description of the 
     studies, findings, or practice knowledge that support the 
     assertion that such programs qualify as evidence based or 
     promising;
       ``(C) for any program for which funds provided under the 
     grant would be used that is not evidence based or promising, 
     include a detailed description of any studies, findings, or 
     practice knowledge which support the effectiveness of the 
     program;
       ``(D) if the funds provided under the grant will be used 
     for an activity described in subsection (b)(1)(D), include a 
     certification that the State or unit of local government--
       ``(i) will work with public or private entities in the area 
     to administer the training funded under subsection (b)(1)(D), 
     to ensure that such training is comprehensive, constructive, 
     linguistically and culturally competent, and of a high 
     quality;
       ``(ii) is committed to a goal of increasing the diversion 
     of juveniles coming under its jurisdiction into appropriate 
     home-based or community-based care when the interest of the 
     juvenile and public safety allow;
       ``(iii) intends to use amounts provided under a grant under 
     this section for an activity described in subsection 
     (b)(1)(D) to further such goal; and
       ``(iv) has a plan to demonstrate, using appropriate 
     benchmarks, the progress of the agency in meeting such goal; 
     and
       ``(E) if the funds provided under the grant will be used 
     for an activity described in subsection (b)(1)(D), include a 
     certification that not less than 25 percent of the total cost 
     of the training described in subsection (b)(1)(D) that is 
     conducted with the grant under this section will be 
     contributed by non-Federal sources.
       ``(d) Requirements for Grants To Establish Partnerships.--
       ``(1) Mandatory reporting.--A State or unit of local 
     government receiving a grant for an activity described in 
     subsection (b)(1)(C) shall keep records of the incidence and 
     types of mental health and substance abuse disorders in their 
     juvenile justice populations, the range and scope of services 
     provided, and barriers to service. The State or unit of local 
     government shall submit an analysis of this information 
     yearly to the Administrator.
       ``(2) Staff ratios for correctional facilities.--A State or 
     unit of local government receiving a grant for an activity 
     described in subsection (b)(1)(C) shall require that a secure 
     correctional facility operated by or on behalf of that State 
     or unit of local government--
       ``(A) has a minimum ratio of not fewer than 1 mental health 
     and substance abuse counselor for every 50 juveniles, who 
     shall be professionally trained and certified or licensed;
       ``(B) has a minimum ratio of not fewer than 1 clinical 
     psychologist for every 100 juveniles; and
       ``(C) has a minimum ratio of not fewer than 1 licensed 
     psychiatrist for every 100 juveniles receiving psychiatric 
     care.
       ``(3) Limitation on isolation.--A State or unit of local 
     government receiving a grant for an activity described in 
     subsection (b)(1)(C) shall require that--
       ``(A) isolation is used only for immediate and short-term 
     security or safety reasons;
       ``(B) no juvenile is placed in isolation without approval 
     of the facility superintendent or chief medical officer or 
     their official staff designee;
       ``(C) all instances in which a juvenile is placed in 
     isolation are documented in the file of a juvenile along with 
     the justification;
       ``(D) a juvenile is in isolation only the amount of time 
     necessary to achieve security and safety of the juvenile and 
     staff;
       ``(E) staff monitor each juvenile in isolation once every 
     15 minutes and conduct a professional review of the need for 
     isolation at least every 4 hours; and
       ``(F) any juvenile held in isolation for 24 hours is 
     examined by a physician or licensed psychologist.
       ``(4) Medical and mental health emergencies.--A State or 
     unit of local government receiving a grant for an activity 
     described in subsection (b)(1)(C) shall require that a 
     correctional facility operated by or on behalf of that State 
     or unit of local government has written policies and 
     procedures on suicide prevention. All staff working in a 
     correctional facility operated by or on behalf of a State or 
     unit of local government receiving a grant for an activity 
     described in subsection (b)(1)(C) shall be trained and 
     certified annually in suicide prevention. A correctional 
     facility operated by or on behalf of a State or unit of local 
     government receiving a grant for an activity described in 
     subsection (b)(1)(C) shall have a written arrangement with a 
     hospital or other facility for providing emergency medical 
     and mental health care. Physical and mental health services 
     shall be available to an incarcerated juvenile 24 hours per 
     day, 7 days per week.
       ``(5) IDEA and rehabilitation act.--A State or unit of 
     local government receiving a grant for an activity described 
     in subsection (b)(1)(C) shall require that all juvenile 
     facilities operated by or on behalf of the State or unit of 
     local government abide by all mandatory requirements and 
     timelines set forth under the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.) and section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794).
       ``(6) Fiscal responsibility.--A State or unit of local 
     government receiving a grant for an activity described in 
     subsection (b)(1)(C) shall provide for such fiscal control 
     and fund accounting procedures as may be necessary to ensure 
     prudent use, proper disbursement, and accurate accounting of 
     funds received under this section that are used for an 
     activity described in subsection (b)(1)(C).''.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

       Section 299 of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5671) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Parts C and 
     E'' and inserting ``Parts C, E, and F'';
       (B) in paragraph (1), by striking ``this title'' and all 
     that follows and inserting the following: ``this title--
       ``(A) $245,900,000 for fiscal year 2010;
       ``(B) $295,100,000 for fiscal year 2011;
       ``(C) $344,300,000 for fiscal year 2012;
       ``(D) $393,500,000 for fiscal year 2013; and
       ``(E) $442,700,000 for fiscal year 2014.''; and
       (C) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``parts C and E'' and inserting ``parts C, 
     E, and F'';
       (2) in subsection (b), by striking ``fiscal years 2003, 
     2004, 2005, 2006, and 2007'' and inserting ``fiscal years 
     2010, 2011, 2012, 2013, and 2014'';
       (3) in subsection (c), by striking ``fiscal years 2003, 
     2004, 2005, 2006, and 2007'' and inserting ``fiscal years 
     2010, 2011, 2012, 2013, and 2014'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(d) Authorization of Appropriations for Part F.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out part F, and authorized to remain available until 
     expended, $80,000,000 for each of fiscal years 2010, 2011, 
     2012, 2013, and 2014.
       ``(2) Allocation.--Of the sums that are appropriated for a 
     fiscal year to carry out part F--
       ``(A) not less than 40 percent shall be used to fund 
     programs that are carrying out an activity described in 
     subparagraph (C), (D), or (E) of section 271(b)(1); and
       ``(B) not less than 50 percent shall be used to fund 
     programs that are carrying out an activity described in 
     subparagraph (A) of that section.''.

     SEC. 212. ADMINISTRATIVE AUTHORITY.

       Section 299A(e) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5672(e)) is amended by 
     striking ``requirements described in paragraphs (11), (12), 
     and (13) of section 223(a)'' and inserting ``core 
     requirements''.

     SEC. 213. TECHNICAL AND CONFORMING AMENDMENTS.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     (42 U.S.C. 5601 et seq.) is amended--
       (1) in section 204(b)(6), by striking ``section 
     223(a)(15)'' and inserting ``section 223(a)(16)'';
       (2) in section 246(a)(2)(D), by striking ``section 222(c)'' 
     and inserting ``section 222(d)''; and
       (3) in section 299D(b), of by striking ``section 222(c)'' 
     and inserting ``section 222(d)''.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

     SEC. 301. DEFINITIONS.

       Section 502 of the Incentive Grants for Local Delinquency 
     Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
       (1) in the section heading, by striking ``DEFINITION'' and 
     inserting ``definitions''; and
       (2) by striking ``this title, the term'' and inserting the 
     following: ``this title--
       ``(1) the term `mentoring' means matching 1 adult with 1 or 
     more youths (not to exceed 4 youths) for the purpose of 
     providing guidance, support, and encouragement aimed at 
     developing the character of the youths, where the adult and 
     youths meet regularly for not less than 4 hours each month 
     for not less than a 9-month period; and
       ``(2) the term''.

     SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

       Section 504(a) of the Incentive Grants for Local 
     Delinquency Prevention Programs Act of 2002 (42 U.S.C. 
     5783(a)) is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(9) mentoring programs.''.

     SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

       Section 505 of the Incentive Grants for Local Delinquency 
     Prevention Programs Act of 2002 (42 U.S.C. 5784) is amended 
     to read as follows:

     ``SEC. 505. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     title--
       ``(1) $322,800,000 for fiscal year 2010;
       ``(2) $373,400,000 for fiscal year 2011;

[[Page 8325]]

       ``(3) $424,000,000 for fiscal year 2012;
       ``(4) $474,600,000 for fiscal year 2013; and
       ``(5) $525,200,000 for fiscal year 2014.''.

     SEC. 304. TECHNICAL AND CONFORMING AMENDMENT.

       The Juvenile Justice and Delinquency Prevention Act of 1974 
     is amended by striking title V, as added by the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (Public Law 
     93-415; 88 Stat. 1133) (relating to miscellaneous and 
     conforming amendments).

  Mr. KOHL. Mr. President, I rise today with Senator Leahy and Senator 
Specter to introduce the Juvenile Justice and Delinquency Prevention 
Reauthorization Act. The Juvenile Justice and Delinquency Prevention 
Act, JJDPA, has played a key role in successful state and local efforts 
to reduce juvenile crime and get kids back on track after they have had 
run-ins with the law. This legislation will reauthorize and make 
significant improvements to these important programs.
  A successful strategy to combat juvenile crime consists of a large 
dose of prevention and intervention programs. Juvenile justice programs 
have proven time and time again that they help prevent crime, 
strengthen communities, and rehabilitate juvenile offenders. The JJDPA 
has always had a dual focus: prevention and rehabilitation.
  The JJDPA has successfully focused on intervening in a positive 
manner to work with those teens that have fallen through the cracks and 
have had a few scrapes with the law. Many of the juveniles who come 
into contact with the justice system are not violent offenders or gang 
members. Rather, they are young people who have made mistakes and 
deserve a second chance to succeed and lead healthy lives. In fact, 
seventy percent of youth in detention are held for nonviolent charges. 
Research has shown that youth who come into contact with the justice 
system can be rehabilitated, and we have an obligation to support 
successful programs that do just that.
  While putting young people on the right path after they have had run-
ins with the law is tremendously important, we would all prefer to keep 
them from getting into trouble in the first place. Title V, of course, 
is the only federal program that is dedicated exclusively to juvenile 
crime prevention. Evidence-based prevention programs are proven to 
reduce crime. Because each child prevented from engaging in repeat 
criminal offenses can save the community $1.7 to $3.4 million, reducing 
crime actually saves money. Research has shown that every dollar spent 
on effective, evidence based programs can yield up to $13 in cost 
savings.
  Since the last reauthorization in 2002, research and experience have 
revealed that there is still room for improvement. That is why we are 
proposing a number of changes to the Act.
  Under Title II, the existing JJDPA requires states to comply with 
certain core requirements that are designed to protect and assist in 
the rehabilitation of juvenile offenders. This legislation makes 
improvements to four of the core requirements--removal of juveniles 
from adult jails, preventing contact between juvenile offenders and 
adult inmates, the deinstitutionalization of status offenders, and 
disproportionate minority contact, DMC.
  The legislation would amend the jail removal and sight and sound 
requirements to ensure that juveniles charged as adults are not placed 
in an adult facility or allowed to have contact with adult inmates 
unless a court finds that it is in the interest of justice to do so. 
Research has shown that juveniles who spend time in adult jails are 
more likely to reoffend. Therefore, it is critical that we get judges 
more involved in this process to ensure that it is in everyone's best 
interest, but particularly the juvenile's best interest, to place that 
young person in an adult facility.
  This measure would also place important limitations on the valid 
court order exception to the deinstitutionalization of status 
offenders. Under the current JJDPA, courts can order status offenders 
to be placed in secure detention with minimal process and no limit on 
duration. We seek to change both of these. This bill would place a 7 
day limit on the amount of time a status offender can spend in a secure 
facility, and ensure that juvenile status offenders have significant 
procedural protections.
  In addition, the legislation will push states to take concrete steps 
to identify the causes of disproportionate minority contact and take 
meaningful steps to achieve concrete reductions.
  The bill also focuses a great deal of attention on improving 
cooperation between the states and the Federal Government in the area 
of juvenile justice. It directs the Administrator of the Office of 
Juvenile Justice to conduct additional research. It seeks to strengthen 
the amount of training and technical assistance provided by the Federal 
Government, particularly workforce training for those people who work 
directly with juveniles at every stage of the juvenile justice system.
  The Juvenile Justice and Delinquency Prevention Reauthorization Act 
would improve treatment of juveniles in two important respects. It 
seeks to end the use of improper isolation and dangerous practices, and 
it encourages the use of best practices and alternatives to detention.
  This measure also places a greater focus on mental health and 
substance abuse treatment for juveniles who come into contact, or are 
at risk of coming into contact, with the juvenile justice system. 
Research has shown that the prevalence of mental disorders among youth 
in juvenile justice systems is two to three times higher than among 
youth who have not had run-ins with the law. Taking meaningful steps to 
provide adequate mental health screening and treatment for these 
juveniles is a critical part of getting them on the right track, and 
needs to be a part of federal, state and local efforts to rehabilitate 
juvenile offenders.
  Finally, and possibly most importantly, the key to success is 
adequate support. Funding for juvenile justice programs has been on a 
downward spiral for the last 8 years. Just 6 years ago, these programs 
received approximately $556 million, with more than $94 million for the 
Title V Local Delinquency Prevention Program and nearly $250 million 
for the Juvenile Accountability Block Grant program. Last year, the 
Bush administration requested just $250 million for all juvenile 
justice programs, which represents more than a 50 percent cut from 
fiscal year 2002. Local communities do a great job of leveraging this 
funding to accomplish great things, but we cannot say with a straight 
face that this level is sufficient. We look forward to working with 
President Obama to ensure that these vital programs once again receive 
the adequate funding they deserve.
  Therefore, we are seeking to authorize increased funding for the 
Juvenile Justice and Delinquency Prevention Act. The bill will 
authorize more than $272 million for Title V and nearly $200 million 
for Title II in fiscal year 2009. Then, funding for each title will 
increase by $50 million each subsequent fiscal year. These programs are 
in desperate need of adequate funding. It is money well spent, and this 
increase in authorized funding will demonstrate Congressional support 
for these critical programs.
  In addition to increased funding for traditional JJDPA programs, we 
have created a new incentive grant program under the Act. This program 
authorizes another $60 million per year to help local communities to 
supplement efforts under the Act, and in some cases go above and beyond 
what is required of them. Specifically, this funding will support 
evidence based and promising prevention and intervention programs. It 
will enhance workforce training, which will improve the treatment and 
rehabilitation of juveniles who come into contact with the system. 
Lastly, a significant portion of this funding will be dedicated to 
mental health screening and treatment of juveniles who have come into 
contact, or are at risk of coming into contact, with the justice 
system.
  The Juvenile Justice and Delinquency Prevention Act is an incredibly 
successful program. The fact that it is cost efficient is important. 
But the most important thing is that it is effective. It is effective 
in reaching the kids it is designed to help. The evidence based 
prevention programs it funds are able to touch the lives of at-

[[Page 8326]]

risk youth and steer them away from a life of crime. For those who have 
unfortunately already had run-ins with law enforcement, its 
intervention and treatment programs have successfully helped countless 
kids get their lives back on the right track and become productive 
members of society.
  It is beyond dispute that these proven programs improve and 
strengthen young people, as well as their families and their 
communities. For that reason, we urge our colleagues to support this 
important measure to reauthorize and improve these programs.
                                 ______
                                 
      By Ms. COLLINS (for herself, Mrs. Feinstein, and Mr. Kohl):
  S. 679. A bill to establish a research, development, demonstration, 
and commercial application program to promote research of appropriate 
technologies for heavy duty plug-in hybrid vehicles, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Ms. COLLINS. Mr. President, today I am introducing the Heavy Duty 
Hybrid Vehicle Research, Development, and Demonstration Act, along with 
my colleagues from California and Wisconsin, Senator Feinstein and 
Senator Kohl. This bill will accelerate research of plug-in hybrid 
technologies for heavy duty trucks.
  The Federal Government, through the 21st Century Truck Partnership, 
has for some years provided funding to conduct research and development 
for the modernization of this industry, in association with a 
collection of private industry partners. Despite the significant 
potential benefits of hybrid trucks, however, research in this area was 
eliminated recently to emphasize a focus on passenger vehicles. This 
decision was shortsighted.
  In 2008, truck operators in Maine and around the country were hard 
hit by increases in the price of diesel fuel. While fortunately there 
has been some relief in 2009, it is likely that as our Nation recovers 
from the current economic downturn, the demand for and prices of diesel 
fuel will increase again in the future. Given that our Nation relies 
upon the trucking industry to keep our economy running by providing 
timely delivery of food, industrial products, and raw materials, we 
must develop alternatives that make the industry less susceptible to 
dramatic changes in oil prices. Hybrid power technologies offer 
tremendous promise of reducing this critical industry's dependence on 
oil.
  Trucks consume large amounts of our imported fuels. Successfully 
transitioning trucks to hybrid power technology will reduce our 
Nation's oil consumption and improve our energy security. The Heavy 
Duty Hybrid Vehicle Research, Development, and Demonstration Act 
directs the Department of Energy to expand its research in advanced 
energy storage technologies to include hybrid trucks as well as 
passenger vehicles. Current hybrid technology works well for cars that 
can be made with lightweight materials and travel short distances. 
Trucks need to be constructed with heavy materials commensurate with 
the heavy loads they carry and, if they are going to be plug-in 
hybrids, travel relatively long distances between charges. Thus 
advances in battery and other technologies are needed to make plug-in 
trucks commercially viable and may require more advanced technology 
than is required for passenger cars.
  Grant recipients will be required to complete two phases. In phase 
one, recipients must build one plug-in hybrid truck, collect data, and 
make performance comparisons with traditional trucks. Recipients who 
show promise in phase one will be invited to enter into phase two where 
they must produce 50 plug-in hybrid trucks and report on the 
technological and market obstacles to widespread production. The bill 
will also sponsor two smaller programs to deal with drive-train issues 
and the impact of the wide use of plug-in hybrid technology on the 
electrical grid. In total, the bill authorizes the expenditure of 
$16,000,000 for each of fiscal years 2010, 2011, and 2012.
  We need a comprehensive approach to modernize commercial 
transportation in the 21st century. The Heavy Duty Hybrid Vehicle 
Research, Development, and Demonstration Act is one vital piece of that 
approach. I urge my colleagues to support this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 679

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Heavy Duty Hybrid Vehicle 
     Research, Development, and Demonstration Act of 2009''.

     SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY 
                   RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   COMMERCIAL APPLICATION PROGRAM.

       (a) Definitions.--In this section:
       (1) Advanced heavy duty hybrid vehicle.--The term 
     ``advanced heavy duty hybrid vehicle'' means a vehicle with a 
     gross weight between 14,000 pounds and 33,000 pounds that is 
     fueled, in part, by a rechargeable energy storage system.
       (2) Greenhouse gas.--The term ``greenhouse gas'' means--
       (A) carbon dioxide;
       (B) methane;
       (C) nitrous oxide;
       (D) hydrofluorocarbons;
       (E) perfluorocarbons; or
       (F) sulfur hexafluoride.
       (3) Plug-in hybrid vehicle.--The term ``plug-in hybrid'' 
     means a vehicle fueled, in part, by electrical power that can 
     be recharged by connecting the vehicle to an electric power 
     source.
       (4) Program.--The term ``program'' means the competitive 
     research, development, demonstration, and commercial 
     application program established under this section.
       (5) Retrofit.--The term ``retrofit'' means the process of 
     creating an advanced heavy duty hybrid vehicle by converting 
     an existing, fuel-powered vehicle.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--The Secretary shall establish a 
     competitive research, development, demonstration, and 
     commercial application program under which the Secretary 
     shall provide grants to applicants to carry out projects to 
     advance research and development, and to demonstrate 
     technologies, for advanced heavy duty hybrid vehicles.
       (c) Applications.--
       (1) In general.--The Secretary shall issue requirements for 
     applying for grants under the program.
       (2) Selection criteria.--
       (A) In general.--The Secretary shall establish selection 
     criteria for awarding grants under the program.
       (B) Factors.--In evaluating applications, the Secretary 
     shall--
       (i) consider the ability of applicants to successfully 
     complete both phases described in subsection (d); and
       (ii) give priority to applicants who are best able to--

       (I) fill existing research gaps and achieve the greatest 
     advances beyond the state of current technology; and
       (II) achieve the greatest reduction in fuel consumption and 
     emissions.

       (3) Partners.--An applicant for a grant under this section 
     may carry out a project in partnership with other entities.
       (4) Schedule.--
       (A) Application request.--
       (i) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall publish in the 
     Federal Register, and elsewhere as appropriate, a request for 
     applications to undertake projects under the program.
       (ii) Application deadline.--The applications shall be due 
     not later than 90 days after the date of the publication.
       (B) Application selection.--Not later than 90 days after 
     the date on which applications for grants under the program 
     are due, the Secretary shall select, through a competitive 
     process, all applicants to be awarded a grant under the 
     program.
       (5) Number of grants.--
       (A) In general.--The Secretary shall determine the number 
     of grants to be awarded under the program based on the 
     technical merits of the applications received.
       (B) Minimum and maximum number.--The number of grants 
     awarded under the program shall be not less than 3 and not 
     more than 7 grants.
       (C) Plug-in hybrid vehicle technology.--At least half of 
     the grants awarded under this section shall be for plug-in 
     hybrid technology.
       (6) Award amounts.--The Secretary shall award not more than 
     $3,000,000 to a recipient per year for each of the 3 years of 
     the project.
       (d) Program Requirements; 2 Phases.--
       (1) In general.--As a condition of the receipt of a grant 
     under this section, each grant recipient shall be required to 
     complete 2 phases in accordance with this subsection.
       (2) Phase 1.--

[[Page 8327]]

       (A) In general.--In phase 1, the recipient shall conduct 
     research and demonstrate advanced hybrid technology by 
     producing or retrofitting 1 or more advanced heavy duty 
     hybrid vehicles.
       (B) Report.--Not later than 60 days after the completion of 
     phase 1, the recipient shall submit to the Secretary a report 
     containing data and analysis of--
       (i) the performance of each vehicle in carrying out the 
     testing procedures developed by the Secretary under 
     subparagraph (E);
       (ii) the performance during the testing of the components 
     of each vehicle, including the battery, energy management 
     system, charging system, and power controls;
       (iii) the projected cost of each vehicle, including 
     acquisition, operating, and maintenance costs; and
       (iv) the emission levels of each vehicle, including 
     greenhouse gas levels.
       (C) Termination.--The Secretary may terminate the grant 
     program with respect to the project of a recipient at the 
     conclusion of phase 1 if the Secretary determines that the 
     recipient cannot successfully complete the requirements of 
     phase 2.
       (D) Timing.--Phase 1 shall--
       (i) begin on the date of receipt of a grant under the 
     program; and
       (ii) have a duration of 1 year.
       (E) Testing procedures.--
       (i) In general.--The Secretary shall develop standard 
     testing procedures to be used by recipients in testing each 
     vehicle.
       (ii) Vehicle performance.--The procedures shall include 
     testing the performance of a vehicle under typical operating 
     conditions.
       (3) Phase 2.--
       (A) In general.--In phase 2, the recipient shall 
     demonstrate advanced manufacturing processes and technologies 
     by producing or retrofitting 50 advanced heavy duty hybrid 
     vehicles.
       (B) Report.--Not later than 60 days after the completion of 
     phase 2, the recipient shall submit to the Secretary a report 
     containing--
       (i) an analysis of the technological challenges encountered 
     by the recipient in the development of the vehicles;
       (ii) an analysis of the technological challenges involved 
     in mass producing the vehicles; and
       (iii) the manufacturing cost of each vehicle, the estimated 
     sale price of each vehicle, and the cost of a comparable non-
     hybrid vehicle.
       (C) Timing.--Phase 2 shall--
       (i) begins on the conclusion of phase 1; and
       (ii) have a duration of 2 years.
       (e) Research on Vehicle Usage and Alternative Drive 
     Trains.--
       (1) In general.--The Secretary shall conduct research into 
     alternative power train designs for use in advanced heavy 
     duty hybrid vehicles.
       (2) Comparison.--The research shall compare the estimated 
     cost (including operating and maintenance costs, the cost of 
     emission reductions, and fuel savings) of each design with 
     similar nonhybrid power train designs under the conditions in 
     which those vehicles are typically used, including (for each 
     vehicle type)--
       (A) the number of miles driven;
       (B) time spent with the engine at idle;
       (C) horsepower requirements;
       (D) the length of time the maximum or near maximum power 
     output of the vehicle is needed; and
       (E) any other factors that the Secretary considers 
     appropriate.
       (f) Report to Congress.--Not later than 60 days after the 
     date the Secretary receives the reports from grant recipients 
     under subsection (d)(3)(B), the Secretary shall submit to 
     Congress a report containing--
       (1) an identification of the grant recipients and the 
     projects funded;
       (2) an identification of all applicants who submitted 
     applications for the program;
       (3) all data contained in reports submitted by grant 
     recipients under subsection (d);
       (4) a description of the vehicles produced or retrofitted 
     by recipients in phases 1 and 2 of the program, including an 
     analysis of the fuel efficiency of the vehicles; and
       (5) the results of the research carried out under 
     subsections (e) and (i).
       (g) Coordination and Nonduplication.--To the maximum extent 
     practicable, the Secretary shall coordinate, and not 
     duplicate, activities under this section with other programs 
     and laboratories of the Department of Energy and other 
     Federal research programs.
       (h) Cost Sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to the program.
       (i) Electrical Grid Research Pilot Program.--The Secretary, 
     acting through the National Laboratories and Technology 
     Centers of the Department of Energy, shall establish a pilot 
     program to research and test the effects on the domestic 
     electric power grid of the widespread use of plug-in hybrid 
     vehicles, including plug-in hybrid vehicles that are advanced 
     heavy duty hybrid vehicles.
       (j) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section $16,000,000 for each 
     of fiscal years 2010 through 2012.
       (2) Limitations.--Of the funds authorized under paragraph 
     (1), not more than $1,000,000 of the amount made available 
     for a fiscal year may be used--
       (A) to carry out the research required under subsection 
     (e);
       (B) to carry out the pilot program required under 
     subsection (i); and
       (C) to administer the program.

     SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE 
                   VEHICLES.

       Subsection (g)(1) of the United States Energy Storage 
     Competitiveness Act of 2007 (42 U.S.C. 17231(g)(1)) is 
     amended by inserting ``vehicles with a gross weight over 
     16,000 pounds,'' before ``stationary applications,''.
                                 ______
                                 
      By Mr. INHOFE:
  S. 680. A bill to limit Federal emergency economic assistance 
payments to certain recipients; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. INHOFE. Mr. President, last week Congress was consumed in 
expressing its justified outrage over the bonuses for AIG executives. 
The House passed a bill that would tax those bonuses at 90 percent to 
get the money back. The Senate may consider something similar this 
week, and I think it is the Senate's job to proceed carefully as we do 
so. Though I think all of us would support taking back the payments, we 
need to give due consideration to the means by which we do this. The 
constitutionality of the House version is certainly questionable at 
best.
  Now, the reason many are seeking expedited consideration of the AIG 
bonus bill is clear enough--to cover up the past mistakes of the 
majority party and the Treasury Secretary. We should recall the process 
that created the stimulus bill: No time to review the final bill before 
passage, a photo op masquerading as a conference committee, hasty 
consideration, no bipartisan input, and huge decisions about billions 
and billions of dollars being made behind closed doors by the majority. 
It was this process that allowed the provision to give out the AIG 
bonuses to find its way into law. There was a provision very deep in 
the Democratic stimulus bill that allowed these bonuses to be paid, and 
it was inserted at the behest of Treasury Secretary Tim Geithner.
  This gets us to the root of the problem: The bailout approach that 
Secretary Geithner epitomizes. The American people object to the 
midnight rescue packages, the ad hoc approach, the ``say one thing, do 
another'' programs. There is a complete lack of any policy framework, 
explanation of principles or coherent approach in dealing with our 
financial situation. I believe there is a lack of any transparency 
whatsoever and a seeming indifference to the taxpayers' interests.
  Now, the $700 billion bailout bill last October was congressional 
ratification of Tim Geithner's approach to big banks: to bail them out. 
I objected to that at that time and I was in shock that 75 Members of 
the Senate voted to give an unelected bureaucrat, without any 
constraints, $700 billion to do with as he wished. Now, that was bad 
enough. It all started with Bear Stearns a year ago. The initiator of 
the Bear Stearns deal was not Secretary Paulson, it was not Chairman 
Bernanke, it was the--they signed off on it, but it was Timothy 
Geithner. After the deal was announced, Robert Novak reported in his 
column that an unnamed Federal official confided in him at the time: 
``We may have crossed a line'' in bailing out Bear Stearns. Mr. Novak 
wrote that was an understatement and that we wouldn't know the 
ramifications of this decision for a long time.
  Well, I think we better understand those ramifications today. We are 
now trillions of dollars past that line and we are beginning to 
comprehend the course on which that decision has set us. I, personally, 
believe that trillions of dollars past that line, we are no better off. 
That is enough. Tim Geithner's bailout approach has taken us too far. 
Instead of Congress using the AIG bonus issue to cover up Tim 
Geithner's mistakes in allowing those bonuses, we should take it as an 
opportunity to fundamentally reevaluate the bailouts thus far and put 
an end to any more bailouts. Now, with the revelations of how AIG is 
being used to funnel money to foreign banks to make them whole on bad 
investments at the expense of

[[Page 8328]]

the U.S. taxpayers, we need to put an end to the Geithner approach on 
bailouts. The taxpayers deserve no less.
  The debate over the AIG bonuses, though extremely important, only 
scratches the surface of some much deeper issues. First, the furor over 
AIG bonuses obscured some other, perhaps more important, news about the 
AIG bailout regarding counterparties--or creditors--counterparties, to 
some of AIG's more exotic transactions. Second, the AIG bonus issue 
reveals a significant problem with Treasury Secretary Tim Geithner's 
bailout approach to failing financial institutions.
  Under Tim Geithner, the $150 billion in taxpayer money AIG has 
received is being used to funnel money to AIG's counterparties, mostly 
big investment banks and foreign banks. Taxpayers are right to be angry 
about the bonuses, but they should be even angrier about how their 
taxpayer dollars used to bail out AIG are being distributed by them. 
Under the contracts AIG entered into with other big banks and foreign 
banks, AIG needs to come up with billions and billions of dollars when 
their investments are downgraded. Now, that is where all the AIG 
bailout money is going. AIG is basically being used as a front to 
funnel taxpayer moneys into large foreign banks that are taking no 
loss--no loss--on their investments. It is the taxpayer who is bearing 
the loss that these banks should have been able to take. Treasury 
Secretary Geithner needs to explain to the American people why foreign 
banks are getting 100 percent on their investment while the American 
people are taking the loss. Why can't any of these banks take a haircut 
on their AIG investments?
  Now, I guess it is hard to explain to people because it doesn't sound 
believable, but what is happening is we have foreign banks--and I will 
name a few of them in a second--that have put their money into an 
investment into AIG. They planned to make a profit. If they had made a 
profit, I dare say they wouldn't have come back to say to our United 
States of America: We will write you a check for the profit we made. 
Instead of that, they wait until they take a loss, and then the 
American taxpayers have to come in.
  I think the American people are getting completely fleeced on their 
$150 billion AIG investment. Secretary Geithner needs to explain to us 
why relatively healthy firms such as Goldman Sachs aren't taking any 
loss on a clearly bad investment in AIG. Why are all these foreign 
banks getting 100 percent of their investment at the expense of the 
U.S. taxpayer?
  Here is a sample of the banks that are getting made whole by U.S. 
taxpayers--that is our taxpayers--people who elect us to office: The 
Bank of Montreal, Canada, $1.1 billion; the Societe Generale, France, 
$11.9 billion; investments made by a French bank. This is a French bank 
that bought an interest in AIG, they lost their money, they come back 
to us, and we pay them back for their loss. The BNP Paribas, $4.9 
billion; the Deutsche Bank in Germany, $11.8 billion; the ING, 
Netherlands, $1.5 billion; Barclays, of the UK, $8.5 billion. This is 
just a sampling of the over $50 billion that foreign banks have gotten 
from AIG. In other words, $50 billion in taxpayers' money has gone to 
foreign banks. I don't think many people have caught on to that yet. 
The taxpayers are picking up the tab. Meanwhile, some U.S. banks are 
getting the same treatment. Goldman Sachs has received $12.9 billion. 
These are all investments in AIG. Merrill Lynch, $6.8 billion; Bank of 
America, $5.2 billion; Citigroup, $2.3 billion. All told, the U.S. 
banks have gotten around $45 billion through AIG from the U.S. 
taxpayer. What is interesting, as bad as it is that U.S. banks are 
getting back $45 billion for bad investments, the foreign banks are 
actually getting back more than the U.S. banks are. Not one of these 
banks I have mentioned has taken a dime of loss in their AIG 
investments--not one. AIG's counterparties have been made whole across 
the board by the U.S. taxpayer. Why is that? Why can't any of these 
banks take any of the loss on their AIG investment? Why is the taxpayer 
being asked to bear the full cost of all these bad investments? The 
American taxpayers have a right to know and Secretary Geithner needs to 
explain this.
  I say this because I know people are outraged in my State of Oklahoma 
about the fact that there have been bonuses that have been made, but 
this is even far worse than that was. The American people are getting 
completely fleeced on their $150 billion AIG investment, $700 billion 
bailout of Wall Street, and billions in ad hoc bailouts, of which we 
have still not seen the end. Only this week, Secretary Geithner has 
announced that the Government will work with private investors to 
purchase between $500 billion and $1 trillion of toxic assets.
  Now, at this point I would say, remember back when we were being sold 
a bill of goods, I voted against it, but 75 percent of the Senate voted 
for it--$700 billion to be given to an unelected bureaucrat to do with 
as they wished. We all remember that. What was that supposed to be used 
for? The bad part of the bill was not just the amount of money; there 
were no guidelines, no accountability. That was supposed to be used to 
buy toxic assets. I could quote right now things they said at that 
time: This money has to be spent for toxic assets, and if you don't do 
that, the whole country is going to go down and we are going to have 
another depression again. So the President's budget includes a 
placeholder for billions in additional banking bailouts. The American 
people have said enough a long time ago. We have to put an end to the 
Geithner approach on bailouts.
  Looking back since last fall, more and more I feel I may have been 
overly critical of Secretary Paulson, at least when compared to 
Secretary Geithner. Geithner's handling of the $700 billion Wall Street 
bailout has been worse than Paulson's. Whether it is Paulson or 
Geithner, handing $700 billion over to an unelected bureaucrat to do 
with what he pleases is bad enough when three-fourths of the Senate 
voted to do it last October, and it is an even worse idea with Tim 
Geithner at the helm. What has happened with the taxpayers' investment 
in AIG is clear evidence of that. No matter how you look at it, it has 
been a bad deal for the U.S. taxpayers.
  Now, in light of all of this, I have introduced legislation to do 
more than deal with the bonuses. This is S. 680, just introduced. S. 
680 gets to the root of this problem. Of the $150 billion we have 
already given to AIG, it is my understanding that there is $30 billion 
more for AIG from TARP that has been agreed to by the Treasury 
Secretary but has not yet been drawn down. My legislation would prevent 
that from going forward. The taxpayers have given AIG about $150 
billion so far. I think it is completely reasonable to say that once a 
single company gets $150 billion from the taxpayers, it should be cut 
off from getting more. There has to be a point beyond which Government 
cannot go, and there has to be an end to the road that is fleecing 
American taxpayers. This provides that end.
  There is no other vehicle out there to do it. I can tell my 
colleagues right now, if this isn't brought up and voted on, the 
taxpayers of America are going to put another $30 billion into AIG to 
be used to pay off foreign banks. This is the only way we can stop it 
is with this legislation, so I encourage the leadership to help us 
bring this up for a vote. I can assure my colleagues it would pass with 
an overwhelming majority. That is S. 680, the only vehicle out there 
that would keep AIG from using taxpayer money to pay off other foreign 
banks.
                                 ______
                                 
      By Mr. DURBIN (for himself, Ms. Collins, Mr. Whitehouse, Mr. 
        Levin, Mr. Schumer, and Ms. Stabenow):
  S. 682. A bill to amend the Public Health Service Act to improve 
mental and behavioral health services on college campuses; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, colleges and universities take many steps 
to support their students and ensure that they succeed. Financial aid 
offices find ways for students to afford tuition and textbooks, housing 
offices provide safe

[[Page 8329]]

places for students to live, and tutoring centers provide academic 
supports for students who are struggling to keep up in class. But there 
is another critical service that many students require to succeed, and 
it is much less frequently discussed. I am talking about mental health 
services and outreach provided by college counseling centers.
  For a long time, we have overlooked the mental health needs of 
students on college campuses. We know now that many mental illnesses 
start to manifest in this period when young people leave the security 
of home and regular medical care. The responsibility for the students' 
well-being often shifts from parents to students, and the students 
aren't always completely prepared. It is easier for a young person's 
problems to go unnoticed when he or she is away at college than when 
they are at home, in the company of parents, old friends, and high 
school teachers. College also provides a new opportunity for young 
people to experiment with drugs or alcohol.
  The consequences of not detecting or addressing mental health needs 
among students are real. Forty-five percent of college students report 
having felt so depressed that it was difficult to function. Ten percent 
have contemplated suicide. We have even seen tragedies on the scale of 
shootings at Northern Illinois University in February 2008 and at 
Virginia Tech in April 2007. These heartbreaking and traumatic 
incidents demonstrated the tragic consequences of mental instability 
and helped us recognize we need to do more to support students during 
what can be very tough years.
  Fortunately, many students can succeed in college if they have 
appropriate counseling services and access to needed medications. These 
services make a real impact. Students who seek help are 6 times less 
likely to kill themselves. Colleges are welcoming students today who 10 
or 20 years ago would not have been able to attend school due to mental 
illness, but who can today because of advances in treatment.
  But while the needs for mental health services on campus are rising, 
colleges are facing financial pressures and having trouble meeting this 
demand. As I have travelled around my State, I have learned just how 
thin colleges and universities are stretched when it comes to 
providing. counseling and other support services to students.
  Take Southern Illinois University in Carbondale. SIUC has 8 full-time 
counselors for 21,000 students. That is one counselor for every 2,500 
students. The recommended ratio is one counselor for every 1,500 
students. And there is another problem. Like many rural communities, 
Carbondale only has one community mental health agency. That agency is 
overwhelmed by the mental health needs of the community and refuses to 
serve students from SIUC. The campus counseling center is the only 
mental health option for students. The eight hard-working counselors at 
SIUC do their best under impossible conditions. They triage students 
who come in seeking help so that the ones who might be a threat to 
themselves or others are seen first. The waitlist of students seeking 
services has reached 45 students.
  The story is the same across the country. Colleges are trying to fill 
in the gaps, but because of the shortage of counselors, students' needs 
are overlooked. A recent survey of college counseling centers indicates 
that the average ratio of professional-staff-to-students is 1 to 1,952, 
and at 4-year public universities it is 1 to 2,607 students. Although 
interest in mental-health services is high, the recession has put 
pressure on administrators to cut budgets wherever they can. At times, 
counseling centers are in the cross hairs. Ten percent of survey 
respondents said their budgets were cut during the 2007-8 academic 
year, half said their budgets stayed the same, and nearly a quarter 
reported that their funds increased by 3 percent or less.
  With so many students looking for help and so few counselors to see 
them, counseling centers have to cut back on outreach. Without 
outreach, the chances of finding students who need help but do not ask 
for it go down. This is a serious problem. We know that some students 
exhibit warning signs of a tortured mental state. But faculty and 
students do not always know how or where to express their concerns. 
Outreach efforts by campus counseling centers can help educate the 
community about warning signs to look for as well as how to intervene. 
Of the students who committed suicide across the country in 2007, only 
22 percent had received counseling on campus. That means that of the 
1,000 college students who took their own lives, 800 may never have 
looked for help. How many of those young lives could have been saved if 
our college counseling centers had the resources they needed to 
identify those students and help them? Our students deserve better.
  We need to help schools meet the needs of their students, and that's 
why I'm introducing the Mental Health on Campus Improvement Act today. 
This bill would create a grant program to provide funding for colleges 
and universities to improve their mental health services. Colleges 
could use the funding to hire personnel, increase outreach, and educate 
the campus community about mental health. The bill also would direct 
the Department of Health and Human Services to develop a public, 
nation-wide campaign to educate campus communities about mental health.
  Reflecting on the loss of his own son, the well-known minister Rev. 
William Sloan Coffin once said, ``When parents die, they take with them 
a portion of the past. But when children die, they take away the future 
as well.'' I hope the bill I am introducing today will help prevent the 
unnecessary loss of more young lives and bright futures.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 682

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mental Health on Campus 
     Improvement Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The 2007 National Survey of Counseling Center Directors 
     found that the average ratio of counselors to students on 
     campus is nearly 1 to 2,000 and is often far higher on large 
     campuses. The International Association of Counseling 
     Services accreditation standards recommend 1 counselor per 
     1,000 to 1,500 students.
       (2) College counselors report that 8.5 percent of enrolled 
     students sought counseling in the past year, totaling an 
     estimated 1,600,000 students.
       (3) Over 90 percent of counseling directors believe there 
     is an increase in the number of students coming to campus 
     with severe psychological problems. The majority of 
     counseling directors report concerns that the demand for 
     services is growing without an increase in resources.
       (4) A 2008 American College Health Association survey 
     revealed that 43 percent of students at colleges and 
     universities report having felt so depressed it was difficult 
     to function, and one out of every 11 students seriously 
     considered suicide within the past year.
       (5) Research conducted between 1989 and 2002 found that 
     students seen for anxiety disorders doubled, for depression 
     tripled, and for serious suicidal intention tripled.
       (6) Many students who need help never receive it. 
     Counseling directors report that, of the students who 
     committed suicide on their campuses, only 22 percent were 
     current or former counseling center clients. Directors did 
     not know the previous psychiatric history of 60 percent of 
     those students.
       (7) A survey conducted by the University of Idaho Student 
     Counseling Center in 2000 found that 77 percent of students 
     who responded reported that they were more likely to stay in 
     school because of counseling and that their school 
     performance would have declined without counseling.
       (8) A 6-year longitudinal study of college students found 
     that personal and emotional adjustment was an important 
     factor in retention and predicted attrition as well as, or 
     better than, academic adjustment (Gerdes & Mallinckrodt, 
     1994).

     SEC. 3. IMPROVING MENTAL AND BEHAVIORAL HEALTH ON COLLEGE 
                   CAMPUSES.

       Title V of the Public Health Service Act is amended by 
     inserting after section 520E-2 (42 U.S.C. 290bb-36b) the 
     following:

     ``SEC. 520E-3. GRANTS TO IMPROVE MENTAL AND BEHAVIORAL HEALTH 
                   ON COLLEGE CAMPUSES.

       ``(a) Purpose.--It is the purpose of this section, with 
     respect to college and university settings, to--

[[Page 8330]]

       ``(1) increase access to mental and behavioral health 
     services;
       ``(2) foster and improve the prevention of mental and 
     behavioral health disorders, and the promotion of mental 
     health;
       ``(3) improve the identification and treatment for students 
     at risk;
       ``(4) improve collaboration and the development of 
     appropriate levels of mental and behavioral health care;
       ``(5) reduce the stigma for students with mental health 
     disorders and enhance their access to mental health services; 
     and
       ``(6) improve the efficacy of outreach efforts.
       ``(b) Grants.--The Secretary, acting through the 
     Administrator and in consultation with the Secretary of 
     Education, shall award competitive grants to eligible 
     entities to improve mental and behavioral health services and 
     outreach on college and university campuses.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an entity shall--
       ``(1) be an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); and
       ``(2) submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require, including the information required 
     under subsection (d).
       ``(d) Application.--An application for a grant under this 
     section shall include--
       ``(1) a description of the population to be targeted by the 
     program carried out under the grant, the particular mental 
     and behavioral health needs of the students involved, and the 
     Federal, State, local, private, and institutional resources 
     available for meeting the needs of such students at the time 
     the application is submitted;
       ``(2) an outline of the objectives of the program carried 
     out under the grant;
       ``(3) a description of activities, services, and training 
     to be provided under the program, including planned outreach 
     strategies to reach students not currently seeking services;
       ``(4) a plan to seek input from community mental health 
     providers, when available, community groups, and other public 
     and private entities in carrying out the program;
       ``(5) a plan, when applicable, to meet the specific mental 
     and behavioral health needs of veterans attending 
     institutions of higher education;
       ``(6) a description of the methods to be used to evaluate 
     the outcomes and effectiveness of the program; and
       ``(7) an assurance that grant funds will be used to 
     supplement, and not supplant, any other Federal, State, or 
     local funds available to carry out activities of the type 
     carried out under the grant.
       ``(e) Special Considerations.--In awarding grants under 
     this section, the Secretary shall give special consideration 
     to applications that describe programs to be carried out 
     under the grant that--
       ``(1) demonstrate the greatest need for new or additional 
     mental and behavioral health services, in part by providing 
     information on current ratios of students to mental and 
     behavioral health professionals;
       ``(2) propose effective approaches for initiating or 
     expanding campus services and supports using evidence-based 
     practices;
       ``(3) target traditionally underserved populations and 
     populations most at risk;
       ``(4) where possible, demonstrate an awareness of, and a 
     willingness to, coordinate with a community mental health 
     center or other mental health resource in the community, to 
     support screening and referral of students requiring 
     intensive services;
       ``(5) identify how the college or university will address 
     psychiatric emergencies, including how information will be 
     communicated with families or other appropriate parties; and
       ``(6) demonstrate the greatest potential for replication 
     and dissemination.
       ``(f) Use of Funds.--Amounts received under a grant under 
     this section may be used to--
       ``(1) provide mental and behavioral health services to 
     students, including prevention, promotion of mental health, 
     screening, early intervention, assessment, treatment, 
     management, and education services relating to the mental and 
     behavioral health of students;
       ``(2) provide outreach services to notify students about 
     the existence of mental and behavioral health services;
       ``(3) educate families, peers, faculty, staff, and 
     communities to increase awareness of mental health issues;
       ``(4) support student groups on campus that engage in 
     activities to educate students, reduce stigma surrounding 
     mental and behavioral disorders, and promote mental health 
     wellness;
       ``(5) employ appropriately trained staff;
       ``(6) expand mental health training through internship, 
     post-doctorate, and residency programs;
       ``(7) develop and support evidence-based and emerging best 
     practices, including a focus on culturally- and 
     linguistically-appropriate best practices; and
       ``(8) evaluate and disseminate best practices to other 
     colleges and universities.
       ``(g) Duration of Grants.--A grant under this section shall 
     be awarded for a period not to exceed 3 years.
       ``(h) Evaluation and Reporting.--
       ``(1) Evaluation.--Not later than 18 months after the date 
     on which a grant is received under this section, the eligible 
     entity involved shall submit to the Secretary the results of 
     an evaluation to be conducted by the entity concerning the 
     effectiveness of the activities carried out under the grant 
     and plans for the sustainability of such efforts.
       ``(2) Report.--Not later than 2 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     appropriate committees of Congress a report concerning the 
     results of--
       ``(A) the evaluations conducted under paragraph (1); and
       ``(B) an evaluation conducted by the Secretary to analyze 
     the effectiveness and efficacy of the activities conducted 
     with grants under this section.
       ``(i) Technical Assistance.--The Secretary may provide 
     technical assistance to grantees in carrying out this 
     section.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.

     ``SEC. 520E-4. MENTAL AND BEHAVIORAL HEALTH OUTREACH AND 
                   EDUCATION ON COLLEGE CAMPUSES.

       ``(a) Purpose.--It is the purpose of this section to 
     increase access to, and reduce the stigma associated with, 
     mental health services so as to ensure that college students 
     have the support necessary to successfully complete their 
     studies.
       ``(b) National Public Education Campaign.--The Secretary, 
     acting through the Administrator and in collaboration with 
     the Director of the Centers for Disease Control and 
     Prevention, shall convene an interagency, public-private 
     sector working group to plan, establish, and begin 
     coordinating and evaluating a targeted public education 
     campaign that is designed to focus on mental and behavioral 
     health on college campuses. Such campaign shall be designed 
     to--
       ``(1) improve the general understanding of mental health 
     and mental health disorders;
       ``(2) encourage help-seeking behaviors relating to the 
     promotion of mental health, prevention of mental health 
     disorders, and treatment of such disorders;
       ``(3) make the connection between mental and behavioral 
     health and academic success; and
       ``(4) assist the general public in identifying the early 
     warning signs and reducing the stigma of mental illness.
       ``(c) Composition.--The working group under subsection (b) 
     shall include--
       ``(1) mental health consumers, including students and 
     family members;
       ``(2) representatives of colleges and universities;
       ``(3) representatives of national mental and behavioral 
     health and college associations;
       ``(4) representatives of college health promotion and 
     prevention organizations;
       ``(5) representatives of mental health providers, including 
     community mental health centers; and
       ``(6) representatives of private- and public-sector groups 
     with experience in the development of effective public health 
     education campaigns.
       ``(d) Plan.--The working group under subsection (b) shall 
     develop a plan that shall--
       ``(1) target promotional and educational efforts to the 
     college age population and individuals who are employed in 
     college and university settings, including the use of 
     roundtables;
       ``(2) develop and propose the implementation of research-
     based public health messages and activities;
       ``(3) provide support for local efforts to reduce stigma by 
     using the National Mental Health Information Center as a 
     primary point of contact for information, publications, and 
     service program referrals; and
       ``(4) develop and propose the implementation of a social 
     marketing campaign that is targeted at the college population 
     and individuals who are employed in college and university 
     settings.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section.''.

     SEC. 4. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.

       (a) Purpose.--It is the purpose of this section, pursuant 
     to Executive Order 13263 (and the recommendations issued 
     under section 6(b) of such Order), to provide for the 
     establishment of a College Campus Task Force under the 
     Federal Executive Steering Committee on Mental Health, to 
     discuss mental and behavioral health concerns on college and 
     university campuses.
       (b) Establishment.--The Secretary of Health and Human 
     Services (referred to in this section as the ``Secretary'') 
     shall establish a College Campus Task Force (referred to in 
     this section as the ``Task Force''), under the Federal 
     Executive Steering Committee on Mental Health, to discuss 
     mental and behavioral health concerns on college and 
     university campuses.
       (c) Membership.--The Task Force shall be composed of a 
     representative from each Federal agency (as appointed by the 
     head of the

[[Page 8331]]

     agency) that has jurisdiction over, or is affected by, mental 
     health and education policies and projects, including--
       (1) the Department of Education;
       (2) the Department of Health and Human Services;
       (3) the Department of Veterans Affairs; and
       (4) such other Federal agencies as the Administrator of the 
     Substance Abuse and Mental Health Services Administration and 
     the Secretary jointly determine to be appropriate.
       (d) Duties.--The Task Force shall--
       (1) serve as a centralized mechanism to coordinate a 
     national effort--
       (A) to discuss and evaluate evidence and knowledge on 
     mental and behavioral health services available to, and the 
     prevalence of mental health illness among, the college age 
     population of the United States;
       (B) to determine the range of effective, feasible, and 
     comprehensive actions to improve mental and behavioral health 
     on college and university campuses;
       (C) to examine and better address the needs of the college 
     age population dealing with mental illness;
       (D) to survey Federal agencies to determine which policies 
     are effective in encouraging, and how best to facilitate 
     outreach without duplicating, efforts relating to mental and 
     behavioral health promotion;
       (E) to establish specific goals within and across Federal 
     agencies for mental health promotion, including 
     determinations of accountability for reaching those goals;
       (F) to develop a strategy for allocating responsibilities 
     and ensuring participation in mental and behavioral health 
     promotions, particularly in the case of competing agency 
     priorities;
       (G) to coordinate plans to communicate research results 
     relating to mental and behavioral health amongst the college 
     age population to enable reporting and outreach activities to 
     produce more useful and timely information;
       (H) to provide a description of evidence-based best 
     practices, model programs, effective guidelines, and other 
     strategies for promoting mental and behavioral health on 
     college and university campuses;
       (I) to make recommendations to improve Federal efforts 
     relating to mental and behavioral health promotion on college 
     campuses and to ensure Federal efforts are consistent with 
     available standards and evidence and other programs in 
     existence as of the date of enactment of this Act; and
       (J) to monitor Federal progress in meeting specific mental 
     and behavioral health promotion goals as they relate to 
     college and university settings;
       (2) consult with national organizations with expertise in 
     mental and behavioral health, especially those organizations 
     working with the college age population; and
       (3) consult with and seek input from mental health 
     professionals working on college and university campuses as 
     appropriate.
       (e) Meetings.--
       (1) In general.--The Task Force shall meet at least 3 times 
     each year.
       (2) Annual conference.--The Secretary shall sponsor an 
     annual conference on mental and behavioral health in college 
     and university settings to enhance coordination, build 
     partnerships, and share best practices in mental and 
     behavioral health promotion, data collection, analysis, and 
     services.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
      By Mr. HARKIN (for himself, Mr. Specter, Mr. Kennedy, Mr. Durbin, 
        Mr. Kerry, Mr. Schumer, Ms. Stabenow, Mr. Dodd, Mr. Brown, Mr. 
        Sanders, Mr. Casey, Mr. Tester, Mrs. Gillibrand, and Mr. 
        Bennet):
  S. 683. A bill to amend title XIX of the Social Security Act to 
provide individuals with disabilities and older Americans with equal 
access to community-based attendant services and supports, and for 
other purposes; to the Committee on Finance.
  Mr. HARKIN. Mr. President, today, I am joining with Senator Specter 
and others to introduce the Community Choice Act. This legislation is 
needed to truly bring people with disabilities into the mainstream of 
society and provide equal opportunity for employment and full 
involvement in community activities.
  The individuals affected by the Community Choice Act are those 
persons who require an institutional level of care to manage their 
disabilities. The question is whether they will receive these services 
only in an institutional setting--typically, a nursing home--or whether 
they will also have the choice to receive these services in their 
communities, where they can be part of community life and close to 
family and friends.
  Under the U.S. Supreme Court's decision in Olmstead v. L.C., 1999, 
individuals with disabilities have the right to choose to receive their 
long-term services and supports in the community, rather than in an 
institutional setting. This year marks the 10-year anniversary of the 
Olmstead decision.
  Unfortunately, under current Medicaid policy, and despite much effort 
to ``rebalance'' the system, the deck is still stacked in favor of 
living in an institutional setting. The reason for this is simple. 
Despite the Olmstead decision, Federal law only requires that States 
cover nursing home care in their Medicaid programs. There is no similar 
requirement for providing individuals the choice of receiving their 
services and supports in a community-based setting.
  Overall about 60 percent of Medicaid long-term care dollars are still 
spent on institutional services, with about 40 percent going to home 
and community-based services. In 2007, only 11 States spent 50 percent 
or more of their Medicaid long-term care funds on home and community-
based care.
  The statistics are even more disproportionate for adults with 
physical disabilities. In 2007, 69 percent of Medicaid long-term care 
spending for older people and adults with physical disabilities paid 
for institutional services. Only 6 States spent 50 percent or more of 
their Medicaid long-term care dollars on home and community-based 
services for older people and adults with physical disabilities, while 
half of the States spent less than 25 percent. This disparity continues 
even though, on average, it is estimated that Medicaid dollars can 
support nearly three older people and adults with physical disabilities 
in home and community-based services for every person in a nursing 
home.
  Although 30 States have already recognized the benefits of community-
based services, and are providing the personal care optional benefit 
through their Medicaid program, these programs are unevenly distributed 
and only reach a small percentage of eligible individuals. Many of 
these programs serve only persons with certain disabilities. They have 
long waiting lists. They have financial caps. None of them allow the 
recipients to retain their benefits if they move to other States. 
Individuals with the most significant disabilities are usually afforded 
the least amount of choice, despite advances in medical and assistive 
technologies and related areas.
  This current imbalance means that individuals with disabilities do 
not have equal access to community-based care throughout this country. 
An individual with a disability should not have to move to another 
State in order to avoid needless segregation. Nor should that 
individual have to move away from family and friends because the only 
choice is an institution.
  The right to live in the community is too important a right to be 
left to State discretion. Instead, it should be left to the individual 
to decide, as the Supreme Court has recognized.
  The majority of individuals who use Medicaid long-term services and 
supports prefer to live in the community, rather than in institutional 
settings.
  I think of my nephew Kelly, who became a paraplegic after an accident 
while serving in the U.S. Navy. The Veterans Administration pays for 
his attendant services. This allows Kelly to get up in the morning, go 
to work, operate his own small business, pay taxes, and be a fully 
contributing member of our economy and society. This country is rich 
enough to provide these same opportunities to every American who needs 
attendant services.
  We in Congress have a responsibility to help States meet their 
obligations under Olmstead, to level the playing field, and to give 
eligible individuals equal access to the community-based services and 
supports they need.
  The Community Choice Act is designed to do just that, and to make the 
promise of the Americans with Disabilities Act a reality. It will help 
rebalance the current Medicaid long-term care system, which spends a 
disproportionate amount on institutional services.
  Federal Medicaid policy should reflect the goals of the Americans 
with Disabilities Act that Americans with

[[Page 8332]]

disabilities should have equal opportunity, and the right to fully 
participate in their communities. No one should have to sacrifice their 
ability to participate because they need help getting out of the house 
in the morning or assistance with personal care or some other basic 
service.
  The Community Choice Act can substantially reform long-term services 
in this country, consistent with the Olmstead decision, by allowing 
people with disabilities who need an institutional level of care the 
choice of receiving their services and supports in their own 
communities, rather than in an institution. With appropriate community-
based services and supports, we can transform the lives of people with 
disabilities. They can live with family and friends, not strangers. 
They can be the neighbor down the street, not the person warehoused 
down the hall. This is not asking too much. This is the bare minimum 
that we should demand for every human being.
  Community-based services and supports allow people with disabilities 
to lead independent lives, have jobs, and participate in their 
communities. Some will become taxpayers, some will get an education, 
and some will participate in recreational and civic activities. But all 
will be given a chance to make their own choices and to govern their 
own lives.
  The Community Choice Act will open the door to full participation by 
people with disabilities in our workplaces and economy. It will give 
them better access to the American Dream.
  As has been true with all major disability-rights legislation going 
back to the ADA, this is a strictly bipartisan bill. I urge all my 
colleagues to come together on this important measure. I especially 
want to thank Senator Specter for his leadership on this issue and his 
commitment to improving access to home and community-based services for 
people with disabilities. I also thank Senators Kennedy, Durbin, Kerry, 
Schumer, Stabenow, Dodd, Brown, Sanders, Casey, Tester, Bennet, and 
Gillibrand for joining me in this important initiative.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 683

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Community 
     Choice Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

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

            TITLE I--ESTABLISHMENT OF MEDICAID PLAN BENEFIT

Sec. 101. Coverage of community-based attendant services and supports 
              under the Medicaid program.
Sec. 102. Enhanced FMAP for ongoing activities of early coverage States 
              that enhance and promote the use of community-based 
              attendant services and supports.
Sec. 103. Increased Federal financial participation for certain 
              expenditures.

      TITLE II--PROMOTION OF SYSTEMS CHANGE AND CAPACITY BUILDING

Sec. 201. Grants to promote systems change and capacity building.
Sec. 202. Demonstration project to enhance coordination of care under 
              the Medicare and Medicaid programs for dual eligible 
              individuals.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Long-term services and supports provided under the 
     Medicaid program established under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.) must meet the abilities 
     and life choices of individuals with disabilities and older 
     Americans, including the choice to live in one's own home or 
     with one's own family and to become a productive member of 
     the community.
       (2) Similarly, under the United States Supreme Court's 
     decision in Olmstead v. L.C., 527 U.S. 581 (1999), 
     individuals with disabilities have the right to choose to 
     receive their long term services and supports in the 
     community, rather than in an institutional setting.
       (3) Nevertheless, research on the provision of long-term 
     services and supports under the Medicaid program (conducted 
     by and on behalf of the Department of Health and Human 
     Services) continues to show a significant funding and 
     programmatic bias toward institutional care. In 2007, only 42 
     percent of long-term care funds expended under the Medicaid 
     program, and only about 13.6 percent of all funds expended 
     under that program, pay for services and supports in home and 
     community-based settings.
       (4) While much effort has been dedicated to ``rebalancing'' 
     the current system, overall about 60 percent of Medicaid 
     long-term care dollars are still spent on institutional 
     services, with about 40 percent going to home and community 
     based services. In 2007, only 11 States spent 50 percent or 
     more of their Medicaid long-term care funds on home and 
     community-based care.
       (5) The statistics are even more disproportionate for 
     adults with physical disabilities. In 2007, 69 percent of 
     Medicaid long term care spending for older people and adults 
     with physical disabilities paid for institutional services. 
     Only 6 states spent 50 percent or more of their Medicaid long 
     term care dollars on home and community based services for 
     older people and adults with physical disabilities while \1/
     2\ of the States spent less than 25 percent. This disparity 
     continues even though, on average, it is estimated that 
     Medicaid dollars can support nearly 3 older people and adults 
     with physical disabilities in home and community-based 
     services for every person in a nursing home.
       (6) For Medicaid beneficiaries who need long term care, 
     services provided in an institutional setting represent the 
     only guaranteed benefit. Only 30 States have adopted the 
     benefit option of providing personal care, or attendant, 
     services under their Medicaid programs.
       (7) Although every State has chosen to provide certain 
     services under home and community-based waivers, these 
     services are unevenly available within and across States, and 
     reach a small percentage of eligible individuals. Individuals 
     with the most significant disabilities are usually afforded 
     the least amount of choice, despite advances in medical and 
     assistive technologies and related areas.
       (8) Despite the more limited funding for home and 
     community-based services, the majority of individuals who use 
     Medicaid long-term services and supports prefer to live in 
     the community, rather than in institutional settings.
       (9) The goals of the Nation properly include providing 
     families of children with disabilities, working-age adults 
     with disabilities, and older Americans with--
       (A) a meaningful choice of receiving long-term services and 
     supports in the most integrated setting appropriate to the 
     individual's needs;
       (B) the greatest possible control over the services 
     received and, therefore, their own lives and futures; and
       (C) quality services that maximize independence in the home 
     and community.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To reform the Medicaid program established under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.) to 
     provide services in the most integrated setting appropriate 
     to the individual's needs, and to provide equal access to 
     community-based attendant services and supports in order to 
     assist individuals in achieving equal opportunity, full 
     participation, independent living, and economic self-
     sufficiency.
       (2) To provide financial assistance to States as they 
     reform their long-term care systems to provide comprehensive 
     statewide long-term services and supports, including 
     community-based attendant services and supports that provide 
     consumer choice and direction, in the most integrated setting 
     appropriate.
       (3) To assist States in meeting the growing demand for 
     community-based attendant services and supports, as the 
     Nation's population ages and individuals with disabilities 
     live longer.
       (4) To assist States in complying with the U.S. Supreme 
     Court decision in Olmstead v. L.C., 527 U.S. 581 (1999), and 
     implementing the integration mandate of the Americans with 
     Disabilities Act.

            TITLE I--ESTABLISHMENT OF MEDICAID PLAN BENEFIT

     SEC. 101. COVERAGE OF COMMUNITY-BASED ATTENDANT SERVICES AND 
                   SUPPORTS UNDER THE MEDICAID PROGRAM.

       (a) Mandatory Coverage.--Section 1902(a)(10)(D) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)(D)) is amended--
       (1) by inserting ``(i)'' after ``(D)'';
       (2) by adding ``and'' after the semicolon; and
       (3) by adding at the end the following new clause:
       ``(ii) subject to section 1943, for the inclusion of 
     community-based attendant services and supports for any 
     individual who--

       ``(I) is eligible for medical assistance under the State 
     plan;
       ``(II) with respect to whom there has been a determination 
     that the individual requires the level of care provided in a 
     nursing facility, institution for mental diseases, or an 
     intermediate care facility for the mentally retarded (whether 
     or not coverage of such institution or intermediate care 
     facility is provided under the State plan); and

[[Page 8333]]

       ``(III) chooses to receive such services and supports;''.

       (b) Community-Based Attendant Services and Supports.--
       (1) In general.--Title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) is amended by adding at the end the 
     following new section:


           ``community-based attendant services and supports

       ``Sec. 1943.  (a) Required Coverage.--
       ``(1) In general.--Not later than October 1, 2014, a State 
     shall provide through a plan amendment for the inclusion of 
     community-based attendant services and supports (as defined 
     in subsection (g)(1)) for individuals described in section 
     1902(a)(10)(D)(ii) in accordance with this section.
       ``(2) Enhanced fmap and additional federal financial 
     support for earlier coverage.--Notwithstanding section 
     1905(b), during the period that begins on October 1, 2009, 
     and ends on September 30, 2014, in the case of a State with 
     an approved plan amendment under this section during that 
     period that also satisfies the requirements of subsection (c) 
     the Federal medical assistance percentage shall be equal to 
     the enhanced FMAP described in section 2105(b) with respect 
     to medical assistance in the form of community-based 
     attendant services and supports provided to individuals 
     described in section 1902(a)(10)(D)(ii) in accordance with 
     this section on or after the date of the approval of such 
     plan amendment.
       ``(b) Development and Implementation of Benefit.--In order 
     for a State plan amendment to be approved under this section, 
     a State shall provide the Secretary with the following 
     assurances:
       ``(1) Assurance of development and implementation 
     collaboration.--
       ``(A) In general.--That State plan amendment--
       ``(i) has been developed in collaboration with, and with 
     the approval of, a Development and Implementation Council 
     established by the State that satisfies the requirements of 
     subparagraph (B); and
       ``(ii) will be implemented in collaboration with such 
     Council and on the basis of public input solicited by the 
     State and the Council.
       ``(B) Development and implementation council 
     requirements.--For purposes of subparagraph (A), the 
     requirements of this subparagraph are that--
       ``(i) the majority of the members of the Development and 
     Implementation Council are individuals with disabilities, 
     elderly individuals, and their representatives; and
       ``(ii) in carrying out its responsibilities, the Council 
     actively collaborates with--

       ``(I) individuals with disabilities;
       ``(II) elderly individuals;
       ``(III) representatives of such individuals; and
       ``(IV) providers of, and advocates for, services and 
     supports for such individuals.

       ``(2) Assurance of provision on a statewide basis and in 
     most integrated setting.--That consumer controlled community-
     based attendant services and supports will be provided under 
     the State plan to individuals described in section 
     1902(a)(10)(D)(ii) on a statewide basis and in a manner that 
     provides such services and supports in the most integrated 
     setting appropriate to the individual's needs.
       ``(3) Assurance of nondiscrimination.--That the State will 
     provide community-based attendant services and supports to an 
     individual described in section 1902(a)(10)(D)(ii) without 
     regard to the individual's age, type or nature of disability, 
     severity of disability, or the form of community-based 
     attendant services and supports that the individual requires 
     in order to lead an independent life.
       ``(4) Assurance of maintenance of effort.--That the level 
     of State expenditures for medical assistance that is provided 
     under section 1905(a), section 1915, section 1115, or 
     otherwise to individuals with disabilities or elderly 
     individuals for a fiscal year shall not be less than the 
     level of such expenditures for the fiscal year preceding the 
     first full fiscal year in which the State plan amendment to 
     provide community-based attendant services and supports in 
     accordance with this section is implemented.
       ``(c) Requirements for Enhanced FMAP for Early Coverage.--
     In addition to satisfying the other requirements for an 
     approved plan amendment under this section, in order for a 
     State to be eligible under subsection (a)(2) during the 
     period described in that subsection for the enhanced FMAP for 
     early coverage under subsection (a)(2), the State shall 
     satisfy the following requirements:
       ``(1) Specifications.--With respect to a fiscal year, the 
     State shall provide the Secretary with the following 
     specifications regarding the provision of community-based 
     attendant services and supports under the plan for that 
     fiscal year:
       ``(A)(i) The number of individuals who are estimated to 
     receive community-based attendant services and supports under 
     the plan during the fiscal year.
       ``(ii) The number of individuals that received such 
     services and supports during the preceding fiscal year.
       ``(B) The maximum number of individuals who will receive 
     such services and supports under the plan during that fiscal 
     year.
       ``(C) The procedures the State will implement to ensure 
     that the models for delivery of such services and supports 
     are consumer controlled (as defined in subsection (g)(2)(B)).
       ``(D) The procedures the State will implement to inform all 
     potentially eligible individuals and relevant other 
     individuals of the availability of such services and supports 
     under this title, and of other items and services that may be 
     provided to the individual under this title or title XVIII 
     and other Federal or State long-term service and support 
     programs.
       ``(E) The procedures the State will implement to ensure 
     that such services and supports are provided in accordance 
     with the requirements of subsection (b)(1).
       ``(F) The procedures the State will implement to actively 
     involve in a systematic, comprehensive, and ongoing basis, 
     the Development and Implementation Council established in 
     accordance with subsection (b)(1)(A)(ii), individuals with 
     disabilities, elderly individuals, and representatives of 
     such individuals in the design, delivery, administration, 
     implementation, and evaluation of the provision of such 
     services and supports under this title.
       ``(2) Participation in evaluations.--The State shall 
     provide the Secretary with such substantive input into, and 
     participation in, the design and conduct of data collection, 
     analyses, and other qualitative or quantitative evaluations 
     of the provision of community-based attendant services and 
     supports under this section as the Secretary deems necessary 
     in order to determine the effectiveness of the provision of 
     such services and supports in allowing the individuals 
     receiving such services and supports to lead an independent 
     life to the maximum extent possible.
       ``(d) Quality Assurance.--
       ``(1) State responsibilities.--In order for a State plan 
     amendment to be approved under this section, a State shall 
     establish and maintain a comprehensive, continuous quality 
     assurance system with respect to community-based attendant 
     services and supports that provides for the following:
       ``(A) The State shall establish requirements, as 
     appropriate, for agency-based and other delivery models that 
     include--
       ``(i) minimum qualifications and training requirements for 
     agency-based and other models;
       ``(ii) financial operating standards; and
       ``(iii) an appeals procedure for eligibility denials and a 
     procedure for resolving disagreements over the terms of an 
     individualized plan.
       ``(B) The State shall modify the quality assurance system, 
     as appropriate, to maximize consumer independence and 
     consumer control in both agency-provided and other delivery 
     models.
       ``(C) The State shall provide a system that allows for the 
     external monitoring of the quality of services and supports 
     by entities consisting of consumers and their 
     representatives, disability organizations, providers, 
     families of disabled or elderly individuals, members of the 
     community, and others.
       ``(D) The State shall provide for ongoing monitoring of the 
     health and well-being of each individual who receives 
     community-based attendant services and supports.
       ``(E) The State shall require that quality assurance 
     mechanisms pertaining to the individual be included in the 
     individual's written plan.
       ``(F) The State shall establish a process for the mandatory 
     reporting, investigation, and resolution of allegations of 
     neglect, abuse, or exploitation in connection with the 
     provision of such services and supports.
       ``(G) The State shall obtain meaningful consumer input, 
     including consumer surveys, that measure the extent to which 
     an individual receives the services and supports described in 
     the individual's plan and the individual's satisfaction with 
     such services and supports.
       ``(H) The State shall make available to the public the 
     findings of the quality assurance system.
       ``(I) The State shall establish an ongoing public process 
     for the development, implementation, and review of the 
     State's quality assurance system.
       ``(J) The State shall develop and implement a program of 
     sanctions for providers of community-based services and 
     supports that violate the terms or conditions for the 
     provision of such services and supports.
       ``(2) Federal responsibilities.--
       ``(A) Periodic evaluations.--The Secretary shall conduct a 
     periodic sample review of outcomes for individuals who 
     receive community-based attendant services and supports under 
     this title.
       ``(B) Investigations.--The Secretary may conduct targeted 
     reviews and investigations upon receipt of an allegation of 
     neglect, abuse, or exploitation of an individual receiving 
     community-based attendant services and supports under this 
     section.
       ``(C) Development of provider sanction guidelines.--The 
     Secretary shall develop guidelines for States to use in 
     developing the sanctions required under paragraph (1)(J).
       ``(e) Reports.--The Secretary shall submit to Congress 
     periodic reports on the provision of community-based 
     attendant services and supports under this section, 
     particularly with respect to the impact of the provision of 
     such services and supports on--

[[Page 8334]]

       ``(1) individuals eligible for medical assistance under 
     this title;
       ``(2) States; and
       ``(3) the Federal Government.
       ``(f) No Effect on Ability to Provide Coverage.--
       ``(1) In general.--Nothing in this section shall be 
     construed as affecting the ability of a State to provide 
     coverage under the State plan for community-based attendant 
     services and supports (or similar coverage) under section 
     1905(a), section 1915, section 1115, or otherwise.
       ``(2) Eligibility for enhanced match.--In the case of a 
     State that provides coverage for such services and supports 
     under a waiver, the State shall not be eligible under 
     subsection (a)(2) for the enhanced FMAP for the early 
     provision of such coverage unless the State submits a plan 
     amendment to the Secretary that meets the requirements of 
     this section and demonstrates that the State is able to fully 
     comply with and implement the requirements of this section.
       ``(g) Definitions.--In this title:
       ``(1) Community-based attendant services and supports.--
       ``(A) In general.--The term `community-based attendant 
     services and supports' means attendant services and supports 
     furnished to an individual, as needed, to assist in 
     accomplishing activities of daily living, instrumental 
     activities of daily living, and health-related tasks through 
     hands-on assistance, supervision, or cueing--
       ``(i) under a plan of services and supports that is based 
     on an assessment of functional need and that is agreed to in 
     writing by the individual or, as appropriate, the 
     individual's representative;
       ``(ii) in a home or community setting, which shall include 
     but not be limited to a school, workplace, or recreation or 
     religious facility, but does not include a nursing facility, 
     institution for mental diseases, or an intermediate care 
     facility for the mentally retarded;
       ``(iii) under an agency-provider model or other model (as 
     defined in paragraph (2)(C));
       ``(iv) the furnishing of which--

       ``(I) is selected, managed, and dismissed by the 
     individual, or, as appropriate, with assistance from the 
     individual's representative; and
       ``(II) provided by an individual who is qualified to 
     provide such services, including family members (as defined 
     by the Secretary).

       ``(B) Included services and supports.--Such term includes--
       ``(i) tasks necessary to assist an individual in 
     accomplishing activities of daily living, instrumental 
     activities of daily living, and health-related tasks;
       ``(ii) the acquisition, maintenance, and enhancement of 
     skills necessary for the individual to accomplish activities 
     of daily living, instrumental activities of daily living, and 
     health-related tasks;
       ``(iii) backup systems or mechanisms (such as the use of 
     beepers) to ensure continuity of services and supports; and
       ``(iv) voluntary training on how to select, manage, and 
     dismiss attendants.
       ``(C) Excluded services and supports.--Subject to 
     subparagraph (D), such term does not include--
       ``(i) the provision of room and board for the individual;
       ``(ii) special education and related services provided 
     under the Individuals with Disabilities Education Act and 
     vocational rehabilitation services provided under the 
     Rehabilitation Act of 1973;
       ``(iii) assistive technology devices and assistive 
     technology services;
       ``(iv) durable medical equipment; or
       ``(v) home modifications.
       ``(D) Flexibility in transition to community-based home 
     setting.--Such term may include expenditures for transitional 
     costs, such as rent and utility deposits, first month's rent 
     and utilities, bedding, basic kitchen supplies, and other 
     necessities required for an individual to make the transition 
     from a nursing facility, institution for mental diseases, or 
     intermediate care facility for the mentally retarded to a 
     community-based home setting where the individual resides.
       ``(2) Additional definitions.--
       ``(A) Activities of daily living.--The term `activities of 
     daily living' includes eating, toileting, grooming, dressing, 
     bathing, and transferring.
       ``(B) Consumer controlled.--The term `consumer controlled' 
     means a method of selecting and providing services and 
     supports that allow the individual, or where appropriate, the 
     individual's representative, maximum control of the 
     community-based attendant services and supports, regardless 
     of who acts as the employer of record.
       ``(C) Delivery models.--
       ``(i) Agency-provider model.--The term `agency-provider 
     model' means, with respect to the provision of community-
     based attendant services and supports for an individual, 
     subject to clause (iii), a method of providing consumer 
     controlled services and supports under which entities 
     contract for the provision of such services and supports.
       ``(ii) Other models.--The term `other models' means, 
     subject to clause (iii), methods, other than an agency-
     provider model, for the provision of consumer controlled 
     services and supports. Such models may include the provision 
     of vouchers, direct cash payments, or use of a fiscal agent 
     to assist in obtaining services.
       ``(iii) Compliance with certain laws.--A State shall ensure 
     that, regardless of whether the State uses an agency-provider 
     model or other models to provide services and supports under 
     a State plan amendment under this section, such services and 
     supports are provided in accordance with the requirements of 
     the Fair Labor Standards Act of 1938 and applicable Federal 
     and State laws regarding--

       ``(I) withholding and payment of Federal and State income 
     and payroll taxes;
       ``(II) the provision of unemployment and workers 
     compensation insurance;
       ``(III) maintenance of general liability insurance; and
       ``(IV) occupational health and safety.

       ``(D) Health-related tasks.--The term `health-related 
     tasks' means specific tasks that can be delegated or assigned 
     by licensed health-care professionals under State law to be 
     performed by an attendant.
       ``(E) Instrumental activities of daily living.--The term 
     `instrumental activities of daily living' includes, but is 
     not limited to, meal planning and preparation, managing 
     finances, shopping for food, clothing, and other essential 
     items, performing essential household chores, communicating 
     by phone and other media, and traveling around and 
     participating in the community.
       ``(F) Individuals representative.--The term `individual's 
     representative' means a parent, a family member, a guardian, 
     an advocate, or other authorized representative of an 
     individual.''.
       (c) Conforming Amendments.--
       (1) Mandatory benefit.--Section 1902(a)(10)(A) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, 
     in the matter preceding clause (i), by striking ``(17) and 
     (21)'' and inserting ``(17), (21), and (28)''.
       (2) Definition of medical assistance.--Section 1905(a) of 
     the Social Security Act (42 U.S.C. 1396d) is amended--
       (A) by striking ``and'' at the end of paragraph (27);
       (B) by redesignating paragraph (28) as paragraph (29); and
       (C) by inserting after paragraph (27) the following:
       ``(28) community-based attendant services and supports (to 
     the extent allowed and as defined in section 1943); and''.
       (3) IMD/ICFMR requirements.--Section 1902(a)(10)(C)(iv) of 
     the Social Security Act (42 U.S.C. 1396a(a)(10)(C)(iv)) is 
     amended by inserting ``and (28)'' after ``(24)''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section (other than the amendment 
     made by subsection (c)(1)) take effect on October 1, 2009, 
     and apply to medical assistance provided for community-based 
     attendant services and supports described in section 1943 of 
     the Social Security Act furnished on or after that date.
       (2) Mandatory benefit.--The amendment made by subsection 
     (c)(1) takes effect on October 1, 2014.

     SEC. 102. ENHANCED FMAP FOR ONGOING ACTIVITIES OF EARLY 
                   COVERAGE STATES THAT ENHANCE AND PROMOTE THE 
                   USE OF COMMUNITY-BASED ATTENDANT SERVICES AND 
                   SUPPORTS.

       (a) In General.--Section 1943 of the Social Security Act, 
     as added by section 101(b), is amended--
       (1) by redesignating subsections (d) through (g) as 
     subsections (f) through (i), respectively;
       (2) in subsection (a)(1), by striking ``subsection (g)(1)'' 
     and inserting ``subsection (i)(1)'';
       (3) in subsection (a)(2), by inserting ``, and with respect 
     to expenditures described in subsection (d), the Secretary 
     shall pay the State the amount described in subsection 
     (d)(1)'' before the period;
       (4) in subsection (c)(1)(C), by striking ``subsection 
     (g)(2)(B)'' and inserting ``subsection (i)(2)(B)''; and
       (5) by inserting after subsection (c), the following:
       ``(d) Increased Federal Financial Participation for Early 
     Coverage States That Meet Certain Benchmarks.--
       ``(1) In general.--Subject to paragraph (2), for purposes 
     of subsection (a)(2), the amount and expenditures described 
     in this subsection are an amount equal to the Federal medical 
     assistance percentage, increased by 10 percentage points, of 
     the expenditures incurred by the State for the provision or 
     conduct of the services or activities described in paragraph 
     (3).
       ``(2) Expenditure criteria.--A State shall--
       ``(A) develop criteria for determining the expenditures 
     described in paragraph (1) in collaboration with the 
     individuals and representatives described in subsection 
     (b)(1); and
       ``(B) submit such criteria for approval by the Secretary.
       ``(3) Services, supports and activities described.--For 
     purposes of paragraph (1), the services, supports and 
     activities described in this subparagraph are the following:
       ``(A) 1-stop intake, referral, and institutional diversion 
     services.

[[Page 8335]]

       ``(B) Identifying and remedying gaps and inequities in the 
     State's current provision of long-term services and supports, 
     particularly those services and supports that are provided 
     based on such factors as age, severity of disability, type of 
     disability, ethnicity, income, institutional bias, or other 
     similar factors.
       ``(C) Establishment of consumer participation and consumer 
     governance mechanisms, such as cooperatives and regional 
     service authorities, that are managed and controlled by 
     individuals with significant disabilities who use community-
     based services and supports or their representatives.
       ``(D) Activities designed to enhance the skills, earnings, 
     benefits, supply, career, and future prospects of workers who 
     provide community-based attendant services and supports.
       ``(E) Continuous, comprehensive quality improvement 
     activities that are designed to ensure and enhance the health 
     and well-being of individuals who rely on community-based 
     attendant services and supports, particularly activities 
     involving or initiated by consumers of such services and 
     supports or their representatives.
       ``(F) Family support services to augment the efforts of 
     families and friends to enable individuals with disabilities 
     of all ages to live in their own homes and communities.
       ``(G) Health promotion and wellness services and 
     activities.
       ``(H) Provider recruitment and enhancement activities, 
     particularly such activities that encourage the development 
     and maintenance of consumer controlled cooperatives or other 
     small businesses or micro-enterprises that provide community-
     based attendant services and supports or related services.
       ``(I) Activities designed to ensure service and systems 
     coordination.
       ``(J) Any other services or activities that the Secretary 
     deems appropriate.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on October 1, 2009.

     SEC. 103. INCREASED FEDERAL FINANCIAL PARTICIPATION FOR 
                   CERTAIN EXPENDITURES.

       (a) In General.--Section 1943 of the Social Security Act, 
     as added by section 101(b) and amended by section 102, is 
     amended by inserting after subsection (d) the following:
       ``(e) Increased Federal Financial Participation for Certain 
     Expenditures.--
       ``(1) Eligibility for payment.--
       ``(A) In general.--In the case of a State that the 
     Secretary determines satisfies the requirements of 
     subparagraph (B), the Secretary shall pay the State the 
     amounts described in paragraph (2) in addition to any other 
     payments provided for under section 1903 or this section for 
     the provision of community-based attendant services and 
     supports.
       ``(B) Requirements.--The requirements of this subparagraph 
     are the following:
       ``(i) The State has an approved plan amendment under this 
     section.
       ``(ii) The State has incurred expenditures described in 
     paragraph (2).
       ``(iii) The State develops and submits to the Secretary 
     criteria to identify and select such expenditures in 
     accordance with the requirements of paragraph (3).
       ``(iv) The Secretary determines that payment of the 
     applicable percentage of such expenditures (as determined 
     under paragraph (2)(B)) would enable the State to provide a 
     meaningful choice of receiving community-based services and 
     supports to individuals with disabilities and elderly 
     individuals who would otherwise only have the option of 
     receiving institutional care.
       ``(2) Amounts and expenditures described.--
       ``(A) Expenditures in excess of 150 percent of baseline 
     amount.--The amounts and expenditures described in this 
     paragraph are an amount equal to the applicable percentage, 
     as determined by the Secretary in accordance with 
     subparagraph (B), of the expenditures incurred by the State 
     for the provision of community-based attendant services and 
     supports to an individual that exceed 150 percent of the 
     average cost of providing nursing facility services to an 
     individual who resides in the State and is eligible for such 
     services under this title, as determined in accordance with 
     criteria established by the Secretary.
       ``(B) Applicable percentage.--The Secretary shall establish 
     a payment scale for the expenditures described in 
     subparagraph (A) so that the Federal financial participation 
     for such expenditures gradually increases from 70 percent to 
     90 percent as such expenditures increase.
       ``(3) Specification of order of selection for 
     expenditures.--In order to receive the amounts described in 
     paragraph (2), a State shall--
       ``(A) develop, in collaboration with the individuals and 
     representatives described in subsection (b)(1) and pursuant 
     to guidelines established by the Secretary, criteria to 
     identify and select the expenditures submitted under that 
     paragraph; and
       ``(B) submit such criteria to the Secretary.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on October 1, 2009.

      TITLE II--PROMOTION OF SYSTEMS CHANGE AND CAPACITY BUILDING

     SEC. 201. GRANTS TO PROMOTE SYSTEMS CHANGE AND CAPACITY 
                   BUILDING.

       (a) Authority to Award Grants.--
       (1) In general.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall 
     award grants to eligible States to carry out the activities 
     described in subsection (b).
       (2) Application.--In order to be eligible for a grant under 
     this section, a State shall submit to the Secretary an 
     application in such form and manner, and that contains such 
     information, as the Secretary may require.
       (b) Permissible Activities.--A State that receives a grant 
     under this section may use funds provided under the grant for 
     any of the following activities, focusing on areas of need 
     identified by the State and the Consumer Task Force 
     established under subsection (c):
       (1) The development and implementation of the provision of 
     community-based attendant services and supports under section 
     1943 of the Social Security Act (as added by section 101(b) 
     and amended by sections 102 and 103) through active 
     collaboration with--
       (A) individuals with disabilities;
       (B) elderly individuals;
       (C) representatives of such individuals; and
       (D) providers of, and advocates for, services and supports 
     for such individuals.
       (2) Substantially involving individuals with significant 
     disabilities and representatives of such individuals in 
     jointly developing, implementing, and continually improving a 
     mutually acceptable comprehensive, effectively working 
     statewide plan for preventing and alleviating unnecessary 
     institutionalization of such individuals.
       (3) Engaging in system change and other activities deemed 
     necessary to achieve any or all of the goals of such 
     statewide plan.
       (4) Identifying and remedying disparities and gaps in 
     services to classes of individuals with disabilities and 
     elderly individuals who are currently experiencing or who 
     face substantial risk of unnecessary institutionalization.
       (5) Building and expanding system capacity to offer quality 
     consumer controlled community-based services and supports to 
     individuals with disabilities and elderly individuals, 
     including by--
       (A) seeding the development and effective use of community-
     based attendant services and supports cooperatives, 
     Independent Living Centers, small businesses, micro-
     enterprises, micro-boards, and similar joint ventures owned 
     and controlled by individuals with disabilities or 
     representatives of such individuals and community-based 
     attendant services and supports workers;
       (B) enhancing the choice and control individuals with 
     disabilities and elderly individuals exercise, including 
     through their representatives, with respect to the personal 
     assistance and supports they rely upon to lead independent, 
     self-directed lives;
       (C) enhancing the skills, earnings, benefits, supply, 
     career, and future prospects of workers who provide 
     community-based attendant services and supports;
       (D) engaging in a variety of needs assessment and data 
     gathering;
       (E) developing strategies for modifying policies, 
     practices, and procedures that result in unnecessary 
     institutional bias or the over-medicalization of long-term 
     services and supports;
       (F) engaging in interagency coordination and single point 
     of entry activities;
       (G) providing training and technical assistance with 
     respect to the provision of community-based attendant 
     services and supports;
       (H) engaging in--
       (i) public awareness campaigns;
       (ii) facility-to-community transitional activities; and
       (iii) demonstrations of new approaches; and
       (I) engaging in other systems change activities necessary 
     for developing, implementing, or evaluating a comprehensive 
     statewide system of community-based attendant services and 
     supports.
       (6) Ensuring that the activities funded by the grant are 
     coordinated with other efforts to increase personal attendant 
     services and supports, including--
       (A) programs funded under or amended by the Ticket to Work 
     and Work Incentives Improvement Act of 1999 (Public Law 106-
     170; 113 Stat. 1860);
       (B) grants funded under the Families of Children With 
     Disabilities Support Act of 2000 (42 U.S.C. 15091 et seq.); 
     and
       (C) other initiatives designed to enhance the delivery of 
     community-based services and supports to individuals with 
     disabilities and elderly individuals.
       (7) Engaging in transition partnership activities with 
     nursing facilities and intermediate care facilities for the 
     mentally retarded that utilize and build upon items and 
     services provided to individuals with disabilities or elderly 
     individuals under the Medicaid program under title XIX of the 
     Social Security Act, or by Federal, State, or local housing 
     agencies, Independent Living Centers, and other organizations 
     controlled by consumers or their representatives.
       (c) Consumer Task Force.--
       (1) Establishment and duties.--To be eligible to receive a 
     grant under this section, each State shall establish a 
     Consumer Task Force (referred to in this subsection as the 
     ``Task Force'') to assist the State in the development, 
     implementation, and evaluation of real choice systems change 
     initiatives.

[[Page 8336]]

       (2) Appointment.--Members of the Task Force shall be 
     appointed by the Chief Executive Officer of the State in 
     accordance with the requirements of paragraph (3), after the 
     solicitation of recommendations from representatives of 
     organizations representing a broad range of individuals with 
     disabilities, elderly individuals, representatives of such 
     individuals, and organizations interested in individuals with 
     disabilities and elderly individuals.
       (3) Composition.--
       (A) In general.--The Task Force shall represent a broad 
     range of individuals with disabilities from diverse 
     backgrounds and shall include representatives from 
     Developmental Disabilities Councils, Mental Health Councils, 
     State Independent Living Centers and Councils, Commissions on 
     Aging, organizations that provide services to individuals 
     with disabilities and consumers of long-term services and 
     supports.
       (B) Individuals with disabilities.--A majority of the 
     members of the Task Force shall be individuals with 
     disabilities or representatives of such individuals.
       (C) Limitation.--The Task Force shall not include employees 
     of any State agency providing services to individuals with 
     disabilities other than employees of entities described in 
     the Developmental Disabilities Assistance and Bill of Rights 
     Act of 2000 (42 U.S.C. 15001 et seq.).
       (d) Annual Report.--
       (1) States.--A State that receives a grant under this 
     section shall submit an annual report to the Secretary on the 
     use of funds provided under the grant in such form and manner 
     as the Secretary may require.
       (2) Secretary.--The Secretary shall submit to Congress an 
     annual report on the grants made under this section.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section, $50,000,000 for each of fiscal years 
     2010 through 2012.
       (2) Availability.--Amounts appropriated to carry out this 
     section shall remain available without fiscal year 
     limitation.

     SEC. 202. DEMONSTRATION PROJECT TO ENHANCE COORDINATION OF 
                   CARE UNDER THE MEDICARE AND MEDICAID PROGRAMS 
                   FOR DUAL ELIGIBLE INDIVIDUALS.

       (a) Definitions.--In this section:
       (1) Dually eligible individual.--The term ``dually eligible 
     individual'' means an individual who is enrolled in the 
     Medicare and Medicaid programs established under Titles XVIII 
     and XIX, respectively, of the Social Security Act (42 U.S.C. 
     1395 et seq., 1396 et seq.).
       (2) Project.--The term ``project'' means the demonstration 
     project authorized to be conducted under this section.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Authority to Conduct Project.--The Secretary shall 
     conduct a project under this section for the purpose of 
     evaluating service coordination and cost-sharing approaches 
     with respect to the provision of community-based services and 
     supports to dually eligible individuals.
       (c) Requirements.--
       (1) Number of participants.--Not more than 5 States may 
     participate in the project.
       (2) Application.--A State that desires to participate in 
     the project shall submit an application to the Secretary, at 
     such time and in such form and manner as the Secretary shall 
     specify.
       (3) Duration.--The project shall be conducted for at least 
     5, but not more than 10 years.
       (d) Evaluation and Report.--
       (1) Evaluation.--Not later than 1 year prior to the 
     termination date of the project, the Secretary, in 
     consultation with States participating in the project, 
     representatives of dually eligible individuals, and others, 
     shall evaluate the impact and effectiveness of the project.
       (2) Report.--The Secretary shall submit a report to 
     Congress that contains the findings of the evaluation 
     conducted under paragraph (1) along with recommendations 
     regarding whether the project should be extended or expanded, 
     and any other legislative or administrative actions that the 
     Secretary considers appropriate as a result of the project.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
      By Ms. CANTWELL (for herself and Mr. Kerry):
  S. 684. A bill to provide the Coast Guard and NOAA with additional 
authorities under the Oil Pollution Act of 1990, to strengthen the Oil 
Pollution Act of 1990, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, 20 years ago today, the tanker Exxon 
Valdez, en route from Valdez, Alaska to Los Angeles, failed to turn 
back into the shipping lane after detouring to avoid ice. At 12:04 am, 
it ran aground on Bligh Reef in Prince William Sound.
  Within 6 hours, the Exxon Valdez spilled 11 million gallons of crude 
oil into the Sound's pristine waters and wrote itself into the history 
books as the worst oil spill ever in U.S. waters. Eventually, oil 
covered 11,000 square miles of ocean.
  The environmental and economic damage is impossible to both fathom 
and assess; countless seabirds, marine mammals, and fish were killed. 
As a result, companies like the Chugach Alaska Corporation went 
bankrupt. There were huge losses to recreational sports, fisheries, and 
tourism. Today, 20 years later, there is still oil in the area.
  But most of all, Exxon Valdez showed us just how unprepared we were. 
Today, this disaster serves as a constant reminder that we cannot allow 
complacency to drive the ship when it comes to protecting our oceans 
from oil spills.
  This is why I rise today--on the anniversary of this catastrophe--to 
introduce the Oil Pollution Prevention and Response Act of 2009.
  This legislation is designed to address some of the events that 
perfectly aligned to make the Exxon Valdez disaster possible. It will 
put mechanisms in place that will work to protect our Nation's 
environment and economy from this kind of devastation, and add another 
layer to our oil spill safety net.
  Because while our oil spill safety net has come a long way since 
1989, it could still be stronger.
  In response to the Exxon Valdez oil spill, Congress passed the Oil 
Pollution Act of 1990 to say once and for all that complacency has no 
place in this country's oil shipping industry. It revolutionized oil 
spill risk management, and demonstrated that prevention, preparedness, 
and response were the key to filling some of the gaps.
  The probability of a major spill has been greatly reduced.
  In my home State of Washington, the Coast Guard's District 13 leads 
the Nation in oil spill prevention and works closely with the State of 
Washington, tribal governments, and industry.
  But while the probability of a spill has decreased, the potential 
impacts are greater than ever, and just one spill could 
catastrophically damage our pristine waterways, ecosystems, and 
economy.
  This is especially true in places like Washington State's Puget 
Sound, where every year, 600 oil tankers and 3,000 oil barges travel 
through the Sound, carrying about 15 billion gallons of oil. Or in a 
place like the Port of Seattle, where port facilities and activities 
support more than 190,000 jobs in the region and generate more than $17 
billion in revenue for businesses.
  Alarmingly, in 2005, the Seattle Post-Intelligencer identified 650 
near-miss incidents, including traffic violations, collisions, and 
groundings that occurred in the Sound between 1985 and 2004.
  Unfortunately, these close calls are not all we have to worry about.
  According to Coast Guard data, although the number of oil spills from 
vessels has decreased enormously since passage of OPA 90, the volume of 
oil spilled nationwide is still significant.
  In 1992, vessels spilled more than 665,000 gallons of oil.
  In 2004, the total was higher, at almost 723,000 gallons.
  In 2004, there were 36 spills from tank ships, 141 spills from 
barges, and 1,562 spills from other vessels, including cargo ships.
  I know that many of my colleagues have examples of their own, as 
there have been recent spills involving significant amounts of oil off 
the coasts of Alaska, Maine, Massachusetts, Oregon, Virginia, Hawaii, 
and Washington.
  In the last 2 years, we have seen oil on the beaches of San Francisco 
and the shores of the Mississippi River in Louisiana.
  We must learn from these incidents, from Exxon Valdez, from every 
close call. We must pass iron-clad policies that show there is no room 
for complacency.
  The Oil Pollution and Prevention and Response Act of 2009 is designed 
to do just that.
  It builds on previous efforts, like the Commerce Committee 
Subcommittee on Fisheries and Coast Guard field hearing I chaired in 
Seattle in 2005.

[[Page 8337]]

This hearing focused on improving our oil pollution prevention and 
response capabilities, and as a result of the testimony from many 
people during that hearing and conversations with the Coast Guard and 
other stakeholders, I introduced the Oil Pollution Prevention and 
Response Act in March of 2006.
  This bill updates that effort and includes additional provisions to 
reinvigorate our commitment to oil spill prevention and strengthen our 
oil spill safety net.
  This bill will strengthen navigational measures in sensitive areas by 
requiring the identification of natural resources of particular 
ecological or economic importance--such as fisheries, marine 
sanctuaries, and important estuaries. Because if we know where the 
critically important resources are, we can re-route ships away from 
them.
  It will improve the Coast Guard's coordination with State Oil Spill 
Prevention and Response.
  The bill will mandate the Coast Guard to further reduce the risks of 
oil spills from activities that have been put on a back burner in the 
past; such as the potential for a spill when oil is transferred between 
vessels.
  The bill will augment the Coast Guard's vessel inspection manpower.
  It will require the Coast Guard to track and report on instances of 
human error, the most frequent cause of accidental spills.
  This is an important step in the right direction for our Nation's oil 
spill safety net.
  It is a proclamation that we are not going to allow complacency back 
at the wheel, nor are we going to allow politics to get in the way of 
doing what's right.
  Twenty years ago we saw exactly what can happen. Today it is up to us 
to ensure that this country's environment, economy, and people never 
have to witness the aftermath of another Exxon Valdez.
  The truth is, until we move this country away from its dangerous 
dependence on oil and toward a cleaner, more affordable, sustainable 
energy future, oil spills will be inevitable. So while we must continue 
to fight for a new energy future, we must also take responsibility and 
precautions for the symptoms of our actions today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 684

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Oil Pollution Prevention and 
     Response Act of 2009''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.

                   Title I--Prevention of Oil Spills

                   Subtitle A--Coast Guard Provisions

Sec. 101. Rulemakings. 
Sec. 102. Oil spill response capability.
Sec. 103. Inspections by Coast Guard.
Sec. 104. Oil transfers from vessels. 
Sec. 105. Improvements to reduce human error and near-miss incidents. 
Sec. 106. Navigational measures for protection of natural resources.
Sec. 107. Olympic Coast National Marine Sanctuary.
Sec. 108. Higher volume port area regulatory definition change.
Sec. 109. Prevention of small oil spills.
Sec. 110. Improved coordination with tribal governments. 
Sec. 111. Notification requirements.
Sec. 112. Cooperative State inspection authority.
Sec. 113. Tug escorts for laden oil tankers.
Sec. 114. Tank and non-tank vessel response plans.
Sec. 115. Report on the availability of technology to detect the loss 
              of oil.

 Subtitle B--National Oceanic and Atmospheric Administration Provisions

Sec. 151. Hydrographic surveys.
Sec. 152. Electronic navigational charts.

                           Title II--Response

Sec. 201. Rapid response system.
Sec. 202. Coast Guard oil spill database.
Sec. 203. Use of oil spill liability trust fund.
Sec. 204. Extension of financial responsibility.
Sec. 205. Liability for use of unsafe single-hull vessels.
Sec. 206. International efforts on enforcement. 
Sec. 207. Investment of amounts in damage assessment and restoration 
              revolving fund.

             Title III--Research and Miscellaneous Reports

Sec. 301. Federal Oil Spill Research Committee.
Sec. 302. Grant project for development of cost-effective detection 
              technologies.
Sec. 303. Status of implementation of recommendations by the National 
              Research Council.
Sec. 304. GAO report.
Sec. 305. Oil transportation infrastructure analysis.
Sec. 306. Oil spills in icy and Arctic conditions.

     SEC. 3. FINDINGS.

       The Congress finds the following:
       (1) Oil released into the Nation's marine waters can cause 
     substantial, and in some cases irreparable, harm to the 
     marine environment.
       (2) The economic impact of oil spills is substantial. 
     Billions of dollars have been spent in the United States for 
     cleanup of, and damages due to, oil spills; while many 
     social, cultural, economic, and environmental damages remain 
     uncompensated.
       (3) The Oil Pollution Act of 1990, enacted in response to 
     the worst vessel oil spill in United States history, 
     substantially reduced the amount of oil spills from vessels. 
     However, significant volumes of oil continue to be released, 
     and the potential for a major spill remains unacceptably 
     high.
       (4) Although the total number of oil spills from vessels 
     has decreased since passage of the Oil Pollution Act of 1990, 
     more oil was spilled in 2004 from vessels nationwide than was 
     spilled from vessels in 1992.
       (5) Waterborne transportation of oil in the United States 
     continues to increase.
       (6) Although the number of oil spills from tankers declined 
     from 193 in 1992 to 36 in 2004, spills from oil tankers tend 
     to be large with devastating impacts.
       (7) While the number of oil spills from tank barges has 
     declined since 1992 (322 spills to 141 spills in 2004), the 
     volume of oil spilled from tank barges has remained constant 
     at approximately 200,000 gallons spilled each year.
       (8) Oil spills from non-tank vessels averaged between 
     125,000 gallons and 400,000 gallons per year from 1992 
     through 2004 and accounted for over half of the total number 
     of spills from all sources, including vessels and non-vessel 
     sources.
       (9) Recent spills involving significant quantities of oil 
     have occurred off the coasts of Alaska, Maine, Massachusetts, 
     Oregon, Virginia, and Washington, and involved barges, tank 
     vessels, and non-tank vessels. The value of waterfront 
     property, sport, commercial and tribal treaty fisheries, 
     recreation, tourism, and threatened and endangered species 
     continue to increase.
       (10) It is more cost-effective to prevent oil spills than 
     it is to clean-up oil once it is released into the 
     environment.
       (11) Of the 20 major vessel oil spill incidents since 1990 
     where liability limits have been exceeded, 10 involved tank 
     barges, 8 involved non-tank vessels, 2 involved tankers, and 
     only 1 involved a vessel that was double-hulled.
       (12) Although recent technological improvements in oil 
     tanker design, such as double hulls and redundant steering, 
     increase tanker safety, these technologies are not a panacea 
     and cannot ensure against oil spills, the leading cause of 
     which is human error.
       (13) The Federal government has a responsibility to protect 
     the Nation's natural resources, public health, and 
     environment by improving Federal measures to prevent and 
     respond to oil spills.
       (14) Environmentally fragile coastal areas are vitally 
     important to local economies and the way of life in coastal 
     States and federally recognized tribal governments. These 
     areas are particularly vulnerable to the threat of oil 
     spills. Coastal waters contribute approximately 75 percent of 
     all commercial shellfish and finfish catches, and over 81 
     percent of all recreational fishing catches in the United 
     States, outside of Alaska and Hawaii.
       (15) The northern coast of Washington State and entrance to 
     Puget Sound is the principal corridor conveying Pacific Rim 
     commerce into the State, to Canada's largest port, and to the 
     United States' third largest naval complex. The area contains 
     a National Marine Sanctuary, a National Park, and many 
     National Wildlife Refuges contiguous with marine waters.
       (16) State, local, and tribal governments have important 
     human resources and spill response capabilities which can 
     contribute to response efforts in the event of a significant 
     oil spill. State, local, and tribal governments may have 
     unique local knowledge of natural resources which can improve 
     the quality of spill response. For these reasons, State, 
     local and tribal governments need appropriate information to 
     have knowledge of spills, as well as incidents and activities 
     that may result in a spill, which can impact State waters.

     SEC. 4. DEFINITIONS.

       In this Act:

[[Page 8338]]

       (1) Area to be avoided.--The term ``area to be avoided'' 
     means a routing measure established by the International 
     Maritime Organization as an area to be avoided.
       (2) Coastal state.--The term ``coastal State'' has the 
     meaning given that term by section 304(4) of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453(4)).
       (3) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (4) Non-tank vessel.--The term ``non-tank vessel'' means a 
     self-propelled vessel other than a tank vessel.
       (5) Oil.--The term ``oil'' has the meaning given that term 
     by section 1001(23) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2701(23)).
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating 
     except where otherwise explicitly stated.
       (7) Tank vessel.--The term ``tank vessel'' has the meaning 
     given that term by section 1001(34) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2701(34)).
       (8) Waters subject to the jurisdiction of the United 
     States.--The term ``waters subject to the jurisdiction of the 
     United States'' means navigable waters (as defined in section 
     1001(21) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701(21)) as well as--
       (A) the territorial sea of the United States as defined in 
     Presidential Proclamation Number 5928 of December 27, 1988; 
     and
       (B) the Exclusive Economic Zone of the United States 
     established by Presidential Proclamation Number 5030 of March 
     10, 1983.
       (9) Other terms.--The terms ``facility'', ``gross ton'', 
     ``exclusive economic zone'', ``incident'', ``oil'', ``tank 
     vessel'', ``territorial seas'', and ``vessel'' have the 
     meaning given those terms in section 1001 of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701).

                   TITLE I--PREVENTION OF OIL SPILLS

                   Subtitle A--Coast Guard Provisions

     SEC. 101. RULEMAKINGS.

       (a) Status Report.--
       (1) In general.--Within 90 days after the date of enactment 
     of this Act, the Secretary shall provide a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on the status of all Coast Guard rulemakings 
     required (but for which no final rule has been issued as of 
     the date of enactment of this Act)--
       (A) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
     seq.);
       (B) under section 311 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321) as amended by section 701 of the 
     Coast guard and Maritime Transportation Act of 2004 (Public 
     Law 108-293); and
       (C) for--
       (i) automatic identification systems required under section 
     70114 of title 46, United States Code; and
       (ii) inspection requirements for towing vessels required 
     under section 3306(j) of that title.
       (2) Information required.--The Secretary shall include in 
     the report required by paragraph (1)--
       (A) a detailed explanation with respect to each such 
     rulemaking as to--
       (i) what steps have been completed;
       (ii) what areas remain to be addressed; and
       (iii) the cause of any delays; and
       (B) the date by which a final rule may reasonably be 
     expected to be issued.
       (b) Final Rules.--The Secretary shall issue a final rule in 
     each pending rulemaking under the Oil Pollution Act of 1990 
     (33 U.S.C. 2701 et seq.), and under section 311 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321) as 
     amended by section 701 of the Coast guard and Maritime 
     Transportation Act of 2004 (Public Law 108-293) as soon as 
     practicable, but in no event later than 18 months after the 
     date of enactment of this Act.

     SEC. 102. OIL SPILL RESPONSE CAPABILITY.

       (a) Safety Standards for Towing Vessels.--In promulgating 
     regulations for towing vessels under chapter 33 of title 46, 
     United States Code, the Secretary of the department in which 
     the Coast Guard is operating shall--
       (1) give priority to completing such regulations for towing 
     operations involving tank vessels; and
       (2) consider the possible application of standards that, as 
     of the date of enactment of this Act, apply to self-propelled 
     tank vessels, and any modifications that may be necessary for 
     application to towing vessels due to ship design, safety, and 
     other relevant factors.
       (b) Reduction of Oil Spill Risk in Buzzards Bay.--Section 
     8502(g) of title 46, United States Code, is amended by adding 
     at the end thereof the following:
       ``(3) In any area of Buzzards Bay, Massachusetts, where a 
     single-hull tank vessel carrying 5,000 or more barrels of oil 
     or other hazardous material is required to be under the 
     direction and control of a pilot licensed under section 7101 
     of this title, the pilot may not be a member of the crew of 
     that vessel and shall be a pilot licensed by the Commonwealth 
     of Massachusetts who is operating under a Federal license.''.
       (c) Reporting.--The Secretary shall transmit an annual 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Resources on the extent to which tank vessels in Buzzards 
     Bay, Massachusetts, are using routes recommended by the Coast 
     Guard.

     SEC. 103. INSPECTIONS BY COAST GUARD.

       (a) In General.--The Secretary shall ensure that the 
     inspection schedule for all United States and foreign-flag 
     tank vessels that enter a United States port or place 
     increases the frequency and comprehensiveness of Coast Guard 
     safety inspections based on such factors as vessel age, hull 
     configuration, past violations of any applicable discharge 
     and safety regulations under United States and international 
     law, indications that the class societies inspecting such 
     vessels may be substandard, and other factors relevant to the 
     potential risk of an oil spill.
       (b) Enhanced Verification of Structural Condition.--The 
     Coast Guard shall adopt, as part of its inspection 
     requirements for tank vessels, additional procedures for 
     enhancing the verification of the reported structural 
     condition of such vessels, taking into account the Condition 
     Assessment Scheme adopted by the International Maritime 
     Organization by Resolution 94(46) on April 27, 2001.

     SEC. 104. OIL TRANSFERS FROM VESSELS.

       (a) Regulations.--Within 1 year after the date of enactment 
     of this Act, the Secretary shall promulgate regulations to 
     reduce the risks of oil spills in operations involving the 
     transfer of oil from or to a tank vessel. The regulations--
       (1) shall focus on operations that have the highest risks 
     of discharge, including operations at night and in inclement 
     weather;
       (2) shall consider--
       (A) requirements for use of equipment, such as putting 
     booms in place for transfers, safety, and environmental 
     impacts;
       (B) operational procedures such as manning standards, 
     communications protocols, and restrictions on operations in 
     high-risk areas; or
       (C) both such requirements and operational procedures; and
       (3) shall take into account the safety of personnel and 
     effectiveness of available procedures and equipment for 
     preventing or mitigating transfer spills.
       (b) Application with State Laws.--The regulations 
     promulgated under subsection (a) do not preclude the 
     enforcement of any State law or regulation the requirements 
     of which are at least as stringent as requirements under the 
     regulations (as determined by the Secretary) that--
       (1) applies in State waters;
       (2) does not conflict with, or interfere with the 
     enforcement of, requirements and operational procedures under 
     the regulations; and
       (3) has been enacted or promulgated before the date of 
     enactment of this Act.

     SEC. 105. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS 
                   INCIDENTS.

       (a) Report.--Within 1 year after the date of enactment of 
     this Act, the Secretary shall transmit a report to the Senate 
     Committee on Commerce, Science, and Transportation, the 
     Senate Committee on Environment and Public Works, and the 
     House of Representatives Committee on Transportation and 
     Infrastructure that, using available data--
       (1) identifies the types of human errors that, combined, 
     account for over 50 percent of all oil spills involving 
     vessels that have been caused by human error in the past 10 
     years;
       (2) identifies the most frequent types of near-miss oil 
     spill incidents involving vessels such as collisions, 
     groundings, and loss of propulsion in the past 10 years;
       (3) describes the extent to which there are gaps in the 
     data with respect to the information required under 
     paragraphs (1) and (2) and explains the reason for those 
     gaps; and
       (4) includes recommendations by the Secretary to address 
     the identified types of errors and incidents and to address 
     any such gaps in the data.
       (b) Measures.--Based on the findings contained in the 
     report required by subsection (a), the Secretary shall take 
     appropriate action, both domestically and at the 
     International Maritime Organization, to reduce the risk of 
     oil spills from human errors.

     SEC. 106. NAVIGATIONAL MEASURES FOR PROTECTION OF NATURAL 
                   RESOURCES.

       (a) Designation of At-risk Areas.--The Secretary and the 
     Under Secretary of Commerce for Oceans and Atmosphere shall 
     jointly identify areas where routing or other navigational 
     measures are warranted in waters subject to the jurisdiction 
     of the United States to reduce the risk of oil spills and 
     potential damage to natural resources. In identifying those 
     areas, the Secretary and the Under Secretary shall give 
     priority consideration to natural resources of particular 
     ecological importance or economic importance, including 
     commercial fisheries, aquaculture facilities, marine 
     sanctuaries designated by the Secretary of Commerce pursuant 
     to the National Marine Sanctuaries Act (16 U.S.C. 1431 et 
     seq.), estuaries of national significance designated under 
     section 319 of the Federal Water Pollution Control Act (33 
     U.S.C. 1330), critical habitats (as defined in section 3(5) 
     of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)), 
     estuarine research reserves within the National Estuarine 
     Research Reserve System established by section 315 of the 
     Coastal Zone Management

[[Page 8339]]

     Act of 1972, and national parks and national seashores 
     administered by the National Park Service under the National 
     Park Service Organic Act (16 U.S.C. 1 et seq.).
       (b) Factors Considered.--In determining whether 
     navigational measures are warranted, the Secretary and the 
     Under Secretary shall consider, at a minimum--
       (1) the frequency of transits of vessels required to 
     prepare a response plan under section 311(j) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1321(j));
       (2) the type and quantity of oil transported as cargo or 
     fuel;
       (3) the expected benefits of routing measures in reducing 
     risks of spills;
       (4) the costs of such measures;
       (5) the safety implications of such measures; and
       (6) the nature and value of the resources to be protected 
     by such measures.
       (c) Establishment of Routing and Other Navigational 
     Measures.--The Secretary shall establish such routing or 
     other navigational measures for areas identified under 
     subsection (a).
       (d) Establishment of Avoidance Areas.--To the extent that 
     the Secretary and the Under Secretary conclude that the 
     establishment of areas to be avoided is warranted under this 
     section, they shall seek to establish such areas through the 
     International Maritime Organization or establish comparable 
     areas pursuant to regulations and in a manner that is 
     consistent with international law.
       (e) Oil Shipment Data and Report.--
       (1) Data collection.--The Secretary, through the Commandant 
     and in consultation with the Army Corps of Engineers, shall 
     analyze data on oil transported as cargo on vessels in the 
     navigable waters of the United States, including information 
     on--
       (A) the quantity and type of oil being transported;
       (B) the vessels used for such transportation;
       (C) the frequency with which each type of oil is being 
     transported; and
       (D) the point of origin, transit route, and destination of 
     each such shipment of oil.
       (2) Report.--The Secretary shall transmit a report, not 
     less frequently than quarterly, to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce, on the data 
     collected and analyzed under paragraph (1) in a format that 
     does not disclose information exempted from disclosure under 
     section 552b(e) of title 5, United States Code.

     SEC. 107. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

       (a) Olympic Coast National Marine Sanctuary Area to be 
     Avoided.--The Secretary and the Under Secretary of Commerce 
     for Oceans and Atmosphere shall revise the area to be avoided 
     off the coast of the State of Washington so that restrictions 
     apply to all vessels required to prepare a response plan 
     under section 311(j) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321(j)) (other than fishing or research 
     vessels while engaged in fishing or research within the area 
     to be avoided).
       (b) Emergency Oil Spill Drill.--
       (1) In general.--In cooperation with the Secretary, the 
     Under Secretary of Commerce for Oceans and Atmosphere shall 
     conduct a Safe Seas oil spill drill in the Olympic Coast 
     National Marine Sanctuary in fiscal year 2010. The Secretary 
     and the Under Secretary of Commerce for Oceans and Atmosphere 
     jointly shall coordinate with other Federal agencies, State, 
     local, and tribal governmental entities, and other 
     appropriate entities, in conducting this drill.
       (2) Other required drills.--Nothing in this subsection 
     supersedes any Coast Guard requirement for conducting 
     emergency oil spill drills in the Olympic Coast National 
     Marine Sanctuary. The Secretary shall consider conducting 
     regular field exercises, such as National Preparedness for 
     Response Exercise Program (PREP) in other national marine 
     sanctuaries as well as areas identified in section 106(a) of 
     this bill.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Commerce for 
     Oceans and Atmosphere for fiscal year 2010 $700,000 to carry 
     out this subsection.

     SEC. 108. HIGHER VOLUME PORT AREA REGULATORY DEFINITION 
                   CHANGE.

       (a) In General.--Within 30 days after the date of enactment 
     of this Act, notwithstanding subchapter 5 of title 5, United 
     States Code, the Commandant shall modify the definition of 
     the term ``higher volume port area'' in section 155.1020 of 
     the Coast Guard regulations (33 C.F.R. 155.1020) by striking 
     ``Port Angeles, WA'' in paragraph (13) of that section and 
     inserting ``Cape Flattery, WA'' without initiating a 
     rulemaking proceeding.
       (b) Emergency Response Plan Reviews.--Within 5 years after 
     the date of enactment of this Act, the Coast Guard shall 
     complete its review of any changes to emergency response 
     plans pursuant to the Federal Water Pollution Control Act (33 
     U.S.C. 1251 et seq.) resulting from the modification of the 
     higher volume port area definition required by subsection 
     (a).

     SEC. 109. PREVENTION OF SMALL OIL SPILLS.

       (a) In General.--The Under Secretary of Commerce for Oceans 
     and Atmosphere, in consultation with other appropriate 
     agencies, shall establish an oil spill prevention and 
     education program for small vessels. The program shall 
     provide for assessment, outreach, and training and voluntary 
     compliance activities to prevent and improve the effective 
     response to oil spills from vessels and facilities not 
     required to prepare a vessel response plan under the Federal 
     Water Pollution Control Act, including recreational vessels, 
     commercial fishing vessels, marinas, and aquaculture 
     facilities. The Under Secretary may provide grants to sea 
     grant colleges and institutes designated under section 207 of 
     the National Sea Grant College Program Act (33 U.S.C. 1126) 
     and to State agencies, tribal governments, and other 
     appropriate entities to carry out--
       (1) regional assessments to quantify the source, incidence 
     and volume of small oil spills, focusing initially on regions 
     in the country where, in the past 10 years, the incidence of 
     such spills is estimated to be the highest;
       (2) voluntary, incentive-based clean marina programs that 
     encourage marina operators, recreational boaters and small 
     commercial vessel operators to engage in environmentally 
     sound operating and maintenance procedures and best 
     management practices to prevent or reduce pollution from oil 
     spills and other sources;
       (3) cooperative oil spill prevention education programs 
     that promote public understanding of the impacts of spilled 
     oil and provide useful information and techniques to minimize 
     pollution including methods to remove oil and reduce oil 
     contamination of bilge water, prevent accidental spills 
     during maintenance and refueling and properly cleanup and 
     dispose of oil and hazardous substances; and
       (4) support for programs, including outreach and education 
     to address derelict vessels and the threat of such vessels 
     sinking and discharging oil and other hazardous substances, 
     including outreach and education to involve efforts to the 
     owners of such vessels.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Commerce for 
     Oceans and Atmosphere to carry out this section, $10,000,000 
     annually for each of fiscal years 2010 through 2014.

     SEC. 110. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, the Secretary shall complete the 
     development of a tribal consultation policy, which recognizes 
     and protects to the maximum extent practicable tribal treaty 
     rights and trust assets in order to improve the Coast Guard's 
     consultation and coordination with the tribal governments of 
     federally recognized Indian tribes with respect to oil spill 
     prevention, preparedness, response and natural resource 
     damage assessment.
       (b) Inclusion of Tribal Government.--The Secretary shall 
     ensure that, as soon as practicable after identifying an oil 
     spill that is likely to have a significant impact on natural 
     or cultural resources owned or directly utilized by a 
     federally recognized Indian tribe, the Coast Guard will--
       (1) ensure that representatives of the tribal government of 
     the affected tribes are included as part of the incident 
     command system established by the Coast Guard to respond to 
     the spill;
       (2) share information about the oil spill with the tribal 
     government of the affected tribe; and
       (3) to the extent practicable, involve tribal governments 
     in deciding how to respond to such spill.
       (c) Cooperative Arrangements.--The Coast Guard may enter 
     into memoranda of agreement and associated protocols with 
     Indian tribal governments in order to establish cooperative 
     arrangements for oil pollution prevention, preparedness, and 
     response. Such memoranda may be entered into prior to the 
     development of the tribal consultation and coordination 
     policy to provide Indian tribes grant and contract 
     assistance. Such memoranda of agreement and associated 
     protocols with Indian tribal governments may include--
       (1) arrangements for the assistance of the tribal 
     government to participate in the development of the National 
     Contingency Plan and local Area Contingency Plans to the 
     extent they affect tribal lands, cultural and natural 
     resources;
       (2) arrangements for the assistance of the tribal 
     government to develop the capacity to implement the National 
     Contingency Plan and local Area Contingency Plans to the 
     extent they affect tribal lands, cultural and natural 
     resources;
       (3) provisions on coordination in the event of a spill, 
     including agreements that representatives of the tribal 
     government will be included as part of the regional response 
     team co-chaired by the Coast Guard and the Environmental 
     Protection Agency to establish policies for responding to oil 
     spills;
       (4) arrangements for the Coast Guard to provide training of 
     tribal incident commanders and spill responders for oil spill 
     preparedness and response;
       (5) demonstration projects to assist tribal governments in 
     building the capacity to protect tribal treaty rights and 
     trust assets from oil spills; and

[[Page 8340]]

       (6) such additional measures the Coast Guard determines to 
     be necessary for oil pollution prevention, preparedness, and 
     response.
       (d) Funding for Tribal Participation.--Subject to the 
     availability of appropriations, the Commandant of the Coast 
     Guard shall provide assistance to participating tribal 
     governments in order to facilitate the implementation of 
     cooperative arrangements under subsection (c) and ensure the 
     participation of tribal governments in such arrangements. 
     There are authorized to be appropriated to the Commandant 
     $500,000 for each of fiscal years 2010 through 2014 to be 
     used to carry out this section.

     SEC. 111 NOTIFICATION REQUIREMENTS.

       (a) Marine Casualties.--Section 6101 of title 46, United 
     States Code, is amended by adding at the end the following:
       ``(j) Notice to States and Tribal Governments.--Within 1 
     hour after receiving a report under this section, the 
     Secretary shall forward the report to each State and 
     federally recognized Indian tribal government that has 
     jurisdiction concurrent with the United States or adjacent to 
     waters in which the casualty occurred. Each State shall 
     identify for the Secretary the agency to which such reports 
     shall be forwarded and shall be responsible for forwarding 
     appropriate information to local and tribal governments 
     within its jurisdiction.''.
       (b) State-required Notice of Bulk Oil Transfers.--
     Notwithstanding any other provision of law, a coastal State 
     may, by law, require a person to provide notice of 24 hours 
     or more to the State and to the United States Coast Guard 
     before transferring oil in bulk in an amount equivalent to 
     250 barrels or more to, from, or within a vessel in State 
     waters. The Commandant may assist coastal States in 
     developing appropriate methodologies for joint Federal and 
     State notification of any such transfers to minimize any 
     potential burden to vessels.

     SEC. 112. COOPERATIVE STATE INSPECTION AUTHORITY.

       (a) In General.--The Secretary is authorized to execute a 
     joint enforcement agreement with the Governor of a coastal 
     state that meets the requirements of subsection (b) under 
     which--
       (1) State law enforcement officers with marine law 
     enforcement responsibilities may be authorized to perform 
     duties of the Secretary relating to law enforcement 
     provisions under this title or any other marine resource law 
     enforced by the Secretary; and
       (2) State inspectors are authorized to conduct inspections 
     of United States and foreign-flag vessels in United States 
     ports under the supervision of the Coast Guard and report and 
     refer any documented deficiencies or violations to the Coast 
     Guard for action.
       (b) State Qualifications.--To be eligible to participate in 
     a joint enforcement agreement under subsection (a), a coastal 
     state shall--
       (1) submit an application to the Secretary at such time, in 
     such form, and containing such information as the Secretary 
     may require; and
       (2) demonstrate to the satisfaction of the Secretary that--
       (A) its State inspectors possess, or qualify for, a 
     merchant mariner officer or engineer license for at least a 
     1600 gross-ton vessel under subchapter B of title 46, Code of 
     Federal Regulations;
       (B) it has established support for its inspection program 
     to track, schedule, and monitor shipping traffic within its 
     waters; and
       (C) it has a funding mechanism to maintain an inspection 
     program for at least 5 years.
       (c) Technical Support and Training.--The Secretary may 
     provide technical support and training for State inspectors 
     who participate in a joint enforcement agreement under this 
     section.

     SEC. 113. TUG ESCORTS FOR LADEN OIL TANKERS.

       Within 1 year after the date of enactment of this Act, the 
     Secretary of State, in consultation with the Commandant, 
     shall enter into negotiations with the Government of Canada 
     to ensure that tugboat escorts are required for all tank 
     ships with a capacity over 40,000 deadweight tons in the 
     Strait of Juan de Fuca, Strait of Georgia, and in Haro 
     Strait. The Commandant shall consult with the State of 
     Washington and affected tribal governments during 
     negotiations with the Government of Canada.

     SEC. 114. TANK AND NON-TANK VESSEL RESPONSE PLANS.

       Within 1 year after the date of enactment of this Act, the 
     Secretary shall promulgate regulations authorizing owners and 
     operators of tank and non-tank vessel to form non-profit 
     cooperatives for the purpose of complying with section 311(j) 
     of the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)).

     SEC. 115. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT 
                   THE LOSS OF OIL.

       Within 1 year after the date of enactment of this Act, the 
     Secretary shall submit a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce on the 
     availability, feasibility, and potential cost of technology 
     to detect the loss of oil carried as cargo or as fuel on tank 
     and non-tank vessels greater than 400 gross tons.

 Subtitle B--National Oceanic and Atmospheric Administration Provisions

     SEC. 151. HYDROGRAPHIC SURVEYS.

       (a) Reduction of Backlog.--The Under Secretary of Commerce 
     for Oceans and Atmosphere shall continue survey operations to 
     reduce the survey backlog in navigationally significant 
     waters outlined in its National Survey Plan, concentrating on 
     areas where oil and other hazardous materials are 
     transported.
       (b) New Surveys.--By no later than January 1, 2012, the 
     Under Secretary shall complete new surveys, together with 
     necessary data processing, analysis, and dissemination, for 
     all areas in United States coastal areas determined by the 
     Under Secretary to be critical areas.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary for the purpose of 
     carrying out the new surveys required by subsection (b) such 
     sums as may be necessary for each of fiscal years 2010 
     through 2012.

     SEC. 152. ELECTRONIC NAVIGATIONAL CHARTS.

       (a) In General.--By no later than September 1, 2010, the 
     Under Secretary of Commerce for Oceans and Atmosphere shall 
     complete the electronic navigation chart suite for all 
     coastal waters of the United States.
       (b) Priorities.--In completing the suite, the Under 
     Secretary shall give priority to producing and maintaining 
     the electronic navigation charts of the entrances to major 
     ports and the coastal transportation routes for oil and 
     hazardous materials, and for estuaries of national 
     significance designated under section 319 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1330).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary for the purpose of 
     completing the electronic navigation chart suite $6,200,000 
     for fiscal year 2010.

                           TITLE II--RESPONSE

     SEC. 201. RAPID RESPONSE SYSTEM.

       The Under Secretary of Commerce for Oceans and Atmosphere 
     shall develop and implement a rapid response system to 
     collect and predict in situ information about oil spill 
     behavior, trajectory and impacts, and a mechanism to provide 
     such information rapidly to Federal, State, tribal, and other 
     entities involved in a response to an oil spill.

     SEC. 202. COAST GUARD OIL SPILL DATABASE.

       The Secretary shall modify the Coast Guard's oil spill 
     database as necessary to ensure that it--
       (1) includes information on the cause of oil spills 
     maintained in the database;
       (2) is capable of facilitating the analysis of trends and 
     the comparison of accidents involving oil spills; and
       (3) makes the data available to the public.

     SEC. 203. USE OF OIL SPILL LIABILITY TRUST FUND.

       (a) In General.--Section 1012(a)(5) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)(5)) is amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following:
       ``(B) not more than $15,000,000 in each fiscal year shall 
     be available to the Under Secretary of Commerce for Oceans 
     and Atmosphere for expenses incurred by, and activities 
     related to, response and damage assessment capabilities of 
     the National Oceanic and Atmospheric Administration;''.
       (b) Use of Fund in National Emergencies.--Notwithstanding 
     any provision of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701 et seq.) to the contrary, no amount may be made 
     available from the Oil Spill Liability Trust Fund established 
     by section 9509 of the Internal Revenue Code of 1986 for 
     claims described in section 1012(a)(4) of that Act (33 U.S.C. 
     2712(a)(4)) attributable to any national emergency or major 
     disaster declared by the President under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).

     SEC. 204. EXTENSION OF FINANCIAL RESPONSIBILITY.

       Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2716(a)) is amended--
       (1) by striking ``or'' after the semicolon in paragraph 
     (1);
       (2) by inserting ``or'' after the semicolon in paragraph 
     (2); and
       (3) by inserting after paragraph (2) the following:
       ``(3) any tank vessel over 100 gross tons (except a non-
     self-propelled vessel that does not carry oil as cargo) using 
     any place subject to the jurisdiction of the United 
     States;''.

     SEC. 205. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

       Section 1001(32) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2702(d)) is amended by striking subparagraph (A) and 
     inserting the following:
       ``(A) Vessels.--In the case of a vessel--
       ``(i) any person owning, operating, or demise chartering 
     the vessel; and
       ``(ii) the owner of oil being transported in a tank vessel 
     with a single hull after December 31, 2010, if the owner of 
     the oil knew, or should have known, from publicly available 
     information that the vessel had a poor safety or operational 
     record.''.

[[Page 8341]]



     SEC. 206. INTERNATIONAL EFFORTS ON ENFORCEMENT.

       The Secretary, in consultation with the heads of other 
     appropriate Federal agencies, shall ensure that the Coast 
     Guard pursues stronger enforcement in the International 
     Maritime Organization of agreements related to oil 
     discharges, including joint enforcement operations, training, 
     and stronger compliance mechanisms.

     SEC. 207. INVESTMENT OF AMOUNTS IN DAMAGE ASSESSMENT AND 
                   RESTORATION REVOLVING FUND.

       The Secretary of the Treasury shall invest such portion of 
     the damage assessment and restoration revolving fund 
     described in title I of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 1991 (33 U.S.C. 2706 note) as is not, in the Secretary's 
     judgment, required to meet current withdrawals in interest-
     bearing obligations of the United States in accordance with 
     section 9602 of the Internal Revenue Code of 1986.

             TITLE III--RESEARCH AND MISCELLANEOUS REPORTS

     SEC. 301. FEDERAL OIL SPILL RESEARCH COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the Federal Oil Spill Research Committee.
       (b) Membership.--The members of the Committee shall be 
     designated by the Under Secretary of Commerce for Oceans and 
     Atmosphere and shall include representatives from the 
     National Oceanic and Atmospheric Administration, the United 
     States Coast Guard, the Environmental Protection Agency, and 
     such other Federal agencies as the President may designate. A 
     representative of the National Oceanic and Atmospheric 
     Administration, designated by the Under Secretary, shall 
     serve as Chairman.
       (c) Duties.--The Committee shall coordinate a comprehensive 
     program of oil pollution research, technology development, 
     and demonstration among the Federal agencies, in cooperation 
     and coordination with industry, universities, research 
     institutions, State governments, tribal governments, and 
     other nations, as appropriate, and shall foster cost-
     effective research mechanisms, including the joint funding of 
     research.
       (d) Reports to Congress.--
       (1) Not later than 180 days after the date of enactment of 
     this Act, the Committee shall submit to Congress a report on 
     the current state of oil spill prevention and response 
     capabilities that--
       (A) identifies current research programs conducted by 
     governments, universities, and corporate entities;
       (B) assesses the current status of knowledge on oil 
     pollution prevention, response, and mitigation technologies;
       (C) establishes national research priorities and goals for 
     oil pollution technology development related to prevention, 
     response, mitigation, and environmental effects;
       (D) identifies regional oil pollution research needs and 
     priorities for a coordinated program of research at the 
     regional level developed in consultation with the State and 
     local governments, tribes;
       (E) assesses the current state of spill response equipment, 
     and determines areas in need of improvement including amount, 
     age, quality, effectiveness, or necessary technological 
     improvements;
       (F) assesses the current state of real time data available 
     to mariners, including water level, currents and weather 
     information and predictions, and assesses whether lack of 
     timely information increases the risk of oil spills; and
       (G) includes such recommendations as the Committee deems 
     appropriate.
       (2) Quinquennial updates.--The Committee shall submit a 
     report every fifth year after its first report under 
     paragraph (1) updating the information contained in its 
     previous report under this subsection.
       (e) Advice and Guidance.--The Committee shall accept 
     comments and input from State and local governments, Indian 
     tribes, industry representatives, and other stakeholders.
       (f) National Academy of Science Participation.--The 
     Chairman, through the National Oceanic and Atmospheric 
     Administration, shall contract with the National Academy of 
     Sciences to--
       (1) provide advice and guidance in the preparation and 
     development of the research plan; and
       (2) assess the adequacy of the plan as submitted, and 
     submit a report to Congress on the conclusions of such 
     assessment.
       (g) Research and Development Program.--
       (1) In general.--The Committee shall establish a program 
     for conducting oil pollution research and development. Within 
     180 days after submitting its report to the Congress under 
     subsection (d), the Committee shall submit to Congress a plan 
     for the implementation of the program.
       (2) Program elements.--The program established under 
     paragraph (1) shall provide for research, development, and 
     demonstration of new or improved technologies which are 
     effective in preventing, detecting, or mitigating oil 
     discharges and which protect the environment, and include--
       (A) high priority research areas described in the report;
       (B) environmental effects of acute and chronic oil spills;
       (C) long-term effects of major spills and the long-term 
     cumulative effects of smaller endemic spills;
       (D) new technologies to detect accidental or intentional 
     overboard discharges;
       (E) response capabilities, such as improved booms, oil 
     skimmers, and storage capacity;
       (F) methods to restore and rehabilitate natural resources 
     damaged by oil discharges; and
       (G) research and training, in consultation with the 
     National Response Team, to improve industry's and 
     Government's ability to remove an oil discharge quickly and 
     effectively.
       (h) Grant Program.--
       (1) In general.--The Under Secretary of Commerce for Oceans 
     and Atmosphere shall manage a program of competitive grants 
     to universities or other research institutions, or groups of 
     universities or research institutions, for the purposes of 
     conducting the program established under subsection (g).
       (2) Applications and conditions.--In conducting the 
     program, the Under Secretary--
       (A) shall establish a notification and application 
     procedure;
       (B) may establish such conditions, and require such 
     assurances, as may be appropriate to ensure the efficiency 
     and integrity of the grant program; and
       (C) may make grants under the program on a matching or 
     nonmatching basis.
       (i) Facilitation.--The Committee may develop memoranda of 
     agreement or memoranda of understanding with universities, 
     States, or other entities to facilitate the research program.
       (j) Annual Reports.--The chairman of the Committee shall 
     submit an annual report to Congress on the activities carried 
     out under this section in the preceding fiscal year, and on 
     activities proposed to be carried out under this section in 
     the current fiscal year.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce to carry out 
     this section--
       (1) $200,000 for fiscal year 2010, to remain available 
     until expended, for contracting with the National Academy of 
     Sciences and other expenses associated with developing the 
     report and research program; and
       (2) $2,000,000 for each of fiscal years 2010, 2011, and 
     2012, to remain available until expended, to fund grants 
     under subsection (h).
       (l) Committee Replaces Existing Authority.--The authority 
     provided by this section supersedes the authority provided by 
     section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 
     2761) for the establishment of the Interagency Committee on 
     Oil Pollution Research under subsection (a) of that section, 
     and that Committee shall cease operations and terminate on 
     the date of enactment of this Act.

     SEC. 302. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE 
                   DETECTION TECHNOLOGIES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Commandant shall establish a 
     competitively awarded grant program for the development of 
     cost-effective technologies, such as infrared, pressure 
     sensors, and remote sensing, for detecting discharges of oil 
     from vessels as well as methods and technologies for 
     improving detection and recovery of submerged and sinking 
     oils.
       (b) Matching Requirement.--The Federal share of any project 
     funded under subsection (a) may not exceed 50 percent of the 
     total cost of the project.
       (c) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act the Secretary shall provide a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, and to the House of Representatives Committee 
     on Transportation and Infrastructure on the results of the 
     program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commandant to carry out this 
     section $2,000,000 for each of fiscal years 2010, 2011, and 
     2012, to remain available until expended.
       (e) Transfer Prohibited.--Administration of the program 
     established under subsection (a) may not be transferred 
     within the Department of Homeland Security or to another 
     department or Federal agency.

     SEC. 303. STATUS OF IMPLEMENTATION OF RECOMMENDATIONS BY THE 
                   NATIONAL RESEARCH COUNCIL.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary shall provide a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on whether the Coast Guard has implemented 
     each of the recommendations directed at the Coast Guard, or 
     at the Coast Guard and other entities, in the following 
     National Research Council reports:
       (1) ``Double-Hull Tanker Legislation, An Assessment of the 
     Oil Pollution Act of 1990'', dated 1998.
       (2) ``Oil in the Sea III, Inputs, Fates and Effects'', 
     dated 2003.
       (b) Content.--The report shall contained a detailed 
     explanation of the actions taken by the Coast Guard pursuant 
     to the National Research Council reports. If the Secretary 
     determines that the Coast Guard has not fully implemented the 
     recommendations, the

[[Page 8342]]

     Secretary shall include a detailed explanation of the reasons 
     any such recommendation has not been fully implemented, 
     together with any recommendations the Secretary deems 
     appropriate for implementing any such non-implemented 
     recommendation.

     SEC. 304. GAO REPORT.

       Within 1 year after the date of enactment of this Act, the 
     Comptroller General shall provide a written report with 
     recommendations for reducing the risks and frequency of 
     releases of oil from vessels (both intentional and 
     accidental) to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that includes the 
     following:
       (1) Continuing oil releases.--A summary of continuing 
     sources of oil pollution from vessels, the major causes of 
     such pollution, the extent to which the Coast Guard or other 
     Federal or State entities regulate such sources and enforce 
     such regulations, possible measures that could reduce such 
     releases of oil.
       (2) Double hulls.--
       (A) A description of the various types of double hulls, 
     including designs, construction, and materials, authorized by 
     the Coast Guard for United States flag vessels, and by 
     foreign flag vessels pursuant to international law, and any 
     changes with respect to what is now authorized compared to 
     the what was authorized in the past.
       (B) A comparison of the potential structural and design 
     safety risks of the various types of double hulls described 
     in subparagraph (A) that have been observed or identified by 
     the Coast Guard, or in public documents readily available to 
     the Coast Guard, including susceptibility to corrosion and 
     other structural concerns, unsafe temperatures within the 
     hulls, the build-up of gases within the hulls, ease of 
     inspection, and any other factors affecting reliability and 
     safety.
       (3) Alternative designs for non-tank vessels.--A 
     description of the various types of alternative designs for 
     non-tank vessels to reduce risk of an oil spill, known 
     effectiveness in reducing oil spills, and a summary of how 
     extensively such designs are being used in the United States 
     and elsewhere.
       (4) Response equipment.--An assessment of the sufficiency 
     of oil pollution response and salvage equipment, the quality 
     of existing equipment, new developments in the United States 
     and elsewhere, and whether new technologies are being used in 
     the United States.

     SEC. 305. OIL TRANSPORTATION INFRASTRUCTURE ANALYSIS.

       The Secretary of the Department of Homeland Security shall, 
     in conjunction with the Secretary of Commerce, the Secretary 
     of Transportation, the Administrator of the Environmental 
     Protection Agency, and the heads of other appropriate Federal 
     agencies, contract with the National Research Council to 
     conduct an analysis of the condition and safety of all 
     aspects of oil transportation infrastructure in the United 
     States, and provide recommendations to improve such safety, 
     including an assessment of the adequacy of contingency and 
     emergency plans in the event of a natural disaster or 
     emergency.

     SEC. 306. OIL SPILLS IN ICY AND ARCTIC CONDITIONS.

       (a) In General.--The Under Secretary of Commerce for Oceans 
     and Atmosphere, in conjunction with the Commandant, shall 
     contract with the National Research Council to conduct an 
     analysis of oil spill risks and response capabilities in the 
     Arctic and other icy conditions, including spills under pack 
     ice or in waters with broken ice.
       (b) Content.--At a minimum, the analysis shall include a 
     description of oil spill scenarios that could occur in icy 
     environments, an assessment of the challenges unique to oil 
     spill response operations in icy conditions, an examination 
     of the effectiveness of traditional oil spill response 
     methods in icy conditions, an assessment of techniques for 
     detecting, mapping, and tracking spills in icy environments, 
     and the identification of promising new technologies, 
     concepts, and research needs.
                                 ______
                                 
      By Mr. LAUTENBERG (for himself, Mr. Rockefeller, Ms. Cantwell, 
        Mrs. Boxer, and Mr. Begich):
  S. 685. A bill to require new vessels for carrying oil fuel to have 
double hulls, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. LAUTENBERG. Mr. President, this is a very significant day in 
environmental history in our world, particularly in our country. While 
the debate goes on about what corporate America has done and what they 
have not done and how we should treat them in trying to get our economy 
back on track, we have heard questions raised about corporate behavior.
  I came out of the corporate world when I came to the Senate. It seems 
to me that things were different years ago.
  Over the last few days, we have heard many in these Chambers, here 
and in the House of Representatives, call on companies to be better 
corporate citizens.
  Today I rise to point out what may be the greatest abandonment of 
corporate citizenship in our Nation's history, and that was displayed 
by the Exxon Corporation, one of the most profitable companies in 
American history. Twenty years ago this day, one of their ships ran 
aground in Alaska. Still Exxon refuses to live up to the obligations it 
obtained when that ship ran aground, and it damaged the environment 
substantially.
  It was 20 years ago today the Exxon Valdez crashed into the Bligh 
Reef in Alaska's Prince William Sound. That ship spilled 11 million 
gallons of crude oil, damaging 1,300 miles of shoreline, and ruining 
the lives of thousands of Americans.
  Now, as chairman of a subcommittee with appropriations jurisdiction 
over the Coast Guard, I was taken to Alaska by the Coast Guard and 
arrived there 3 days after the Exxon Valdez ran aground. To see the 
damage was horrific. But also during those days there, during that 
first day, I saw so many of the people who worked for the Government.
  This is a discussion we often have about Government servants and 
their obligations--and I would say, having come from the corporate 
world, there are few who are more mindful of their obligations than 
those who work for Government. That day I saw from the helicopter in 
which I was flying so many of our people committed to their 
responsibilities, dealing with the problem, brave people traveling to 
tiny islands by helicopter and small boats. Their mission was to save 
the wildlife.
  I saw many of them fairly close up taking birds, and mammals--the 
young mammals, particularly--and fish into their hands and wiping the 
oil off to try to save the lives of these victims. One by one, wherever 
they could, they were saving animal lives. It was devastating to see.
  It was obvious, as one looked at the waters of Prince William Sound, 
a beautiful place, surrounded by glaciers, that this lure, this almost 
seductive lure of color and cover that came from the oil was at the 
same time doling out poisons.
  There are many portions of Prince William Sound today that remain 
contaminated. The cannery workers, fishermen, and people whose lives 
depended on Prince William Sound are still paying a price. The local 
economy is still reeling. Think about it. So much time has passed since 
this spill that as many as 6,000 people injured by that disaster have 
already passed away. These people were never ever fully compensated for 
their loss.
  Exxon was responsible for this mess. But the company fought at every 
step to shirk its responsibilities. And ever since the disaster, Exxon 
has defaulted on its obligations as a corporate citizen and refused to 
repair whole communities and innocent lives that have been damaged.
  Instead, during all of this period, Exxon has fought tooth and nail 
to deprive the victims of proper compensation, spending as much as $400 
million to retain lawyers and keep things bottled up in court.
  Exxon took its fight all the way to the Supreme Court, and last year, 
19 years after the tragedy, the Justices confirmed that Exxon owes 
punitive damages to the victims, although they and their skillful 
hordes of lawyers succeeded in a constant effort to reduce the amount 
of compensation.
  Still, even today, 20 years later, the company continues to stonewall 
the victims by trying to avoid paying the interest that fell on these 
charges. Exxon's actions are the height of corporate irresponsibility. 
As a former CEO of a major corporation, I understand the drive to 
succeed. But there is nothing more reprehensible than a company evading 
its obligations to our country's people just to make a quick buck and 
to avoid the legitimate responsibility that is a giant factor in our 
economy and social well being. They have that responsibility.
  Exxon had record profits last year of $45 billion. Even last quarter, 
when companies across the country were suffering, this company, Exxon, 
posted a profit of nearly $8 billion in a single quarter--$8 billion.

[[Page 8343]]

  Now, it would have been a drop in the bucket for this corporation to 
have fully compensated the victims who were so severely hurt. All the 
money, energy, and time that Exxon has wasted should have been spent 
making local communities whole again and helping to fix the 
environmental and economic damage done to Alaska's Prince William 
Sound.
  The truth is, Exxon needs to change its ways, and today, the 20th 
anniversary of the Exxon Valdez disaster, is a perfect opportunity.
  On this anniversary, we are also reminded how dangerous transporting 
oil can be. That is why I have introduced a bill this day that will 
accelerate the use of double-hulled vessels by shippers.
  Oil spills are absolutely catastrophic to the environment and seaside 
communities and influence wide geographic areas beyond those 
communities. After examining the costs of past spills, we have written 
a bill to substantially reduce the possibilities of future spills. So I 
look forward to seeing this bill passed by this Chamber and to working 
with colleagues to make sure that disasters like the one we saw 20 
years ago this day will never happen again.
                                 ______
                                 
      By Ms. MIKULSKI:
  S. 686. A bill to establish the Social Work Reinvestment Commission 
to advise Congress and the Secretary of Health and Human Services on 
policy issues associated with the profession of social work, to 
authorize the Secretary to make grants to support recruitment for, and 
retention, research, and reinvestment in, the profession, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Ms. MIKULSKI. President, I rise today to introduce two important 
social work bills; the Dorothy I. Height and Whitney M. Young, Jr. 
Social Work Reinvestment Act and the Clinical Social Work Medicare 
Equity Act of 2009. I am proud to sponsor these pieces of legislation 
that will improve the shortage of social workers and properly reimburse 
social workers for the services they provide.
  Social workers play a critical role combating the social problems 
facing our nation and are an integral part of our healthcare system. As 
we move into an era of unprecedented healthcare and social service 
needs, we must have the workforce in place to make sure that our 
returning soldiers have access to mental health services, our elderly 
maintain their independence in the communities they live in, and abused 
children are placed in safe homes. Social workers support physical, 
psychological and social needs. They provide mental health therapy, 
caregiver and family counseling, health education, program 
coordination, and case management. In these tough economic times social 
workers play a more important role than ever to keep communities 
together and help individuals and families cope with the new stresses 
they are facing.
  The Dorothy I. Height and Whitney M. Young, Jr. Social Work 
Reinvestment Act reinvests in social workers by providing grants to 
social workers, reviewing the current social workforce challenges, and 
determining how this shortage will affect the communities social 
workers serve. I am honored to introduce this bill named after two 
social visionaries, Dorothy I. Height and Whitney M. Young. Dorothy 
Height, a pioneer of the civil rights movement, like me began her 
career as a case worker and continued to fight for social justice. I am 
particularly honored to introduce this bill today, on Dorothy Height's 
birthday. Whitney Young, another trailblazer of the civil rights 
movement, also began his career transforming our social landscape as a 
social worker. He helped create President Johnson's War on Poverty and 
has served as President of the National Association of Social Workers.
  This bill is about reinvesting in social work. It provides grants 
that invest in social work education, research, and training. These 
grants will fund community based programs of excellence and provide 
scholarships to train the next generation of social workers. The bill 
also addresses how to recruit and retain new social workers, research 
the impact of social services, and foster ways to improve social 
workplace safety. This bill establishes a national coordination center 
that will allow social work education, advocacy and research 
institutions to collaborate and work together. It will facilitate 
gathering and distributing social work research to make the most 
effective use of the information we have on how social work service can 
improve our social fabric. This bill also gives social work the 
attention it deserves. It creates a media campaign that will promote 
social work, and recognizes March as Social Work Awareness Month.
  Today 30,000 social workers specialize in gerontology, but we will 
need 70,000 of these social workers by 2010. I want to make sure that 
when the aging tsunami hits us, we have the workforce in place to care 
for our aging family members, the Alzheimer patients, and the disabled.
  The Clinical Social Work Medicare Equity Act of 2009 ensures that 
clinical social workers receive Medicare reimbursements for the mental 
health services they provide in skilled nursing facilities. Under the 
current system, social workers are not paid for the services they 
provide. Psychologists and psychiatrists, who provide similar 
counseling, are able to separately bill Medicare for their services.
  Since my first days in Congress, I have been fighting to protect and 
strengthen the safety of our nation's seniors. Making sure that seniors 
have access to quality, affordable mental health care is an important 
part of this fight. I know that millions of seniors do not have access 
to, or are not receiving, the mental health services they urgently 
need. Nearly 6 million seniors are affected by depression, but only 
one-tenth ever receive treatment. According to the American Psychiatric 
Association, up to 25 percent of the elderly population in the United 
States suffers from significant symptoms of mental illness and among 
nursing home residents the prevalence is as high as 80 percent. These 
mental disorders, which include severe depression and debilitating 
anxiety, interfere with the person's ability to carry out activities of 
daily living and adversely affect their quality of life. Furthermore, 
older people have a 20 percent suicide rate, the highest of any age 
group. Every year nearly 6,000 older Americans kill themselves. This is 
unacceptable and must be addressed.
  This bill protects patients across the country and ensures that 
seniors living in underserved urban and rural areas, where clinical 
social workers are often the only available option for mental health 
care, continue to receive the treatment they need. Clinical social 
workers, much like psychologists and psychiatrists, treat and diagnose 
mental illnesses. In fact, clinical social workers are the primary 
mental health providers for nursing home residents and seniors residing 
in rural environments. Unlike other mental health providers, clinical 
social workers cannot bill Medicare directly for the important services 
they provide to their patients. Protecting seniors' access to clinical 
social workers ensures that our most vulnerable citizens get the 
quality, affordable mental health care they need. This bill will 
correct this inequity and make sure clinical social workers get the 
payments and respect they deserve.
  Before the Balanced Budget Act of 1997, clinical social workers 
billed Medicare Part B directly for mental health services they 
provided in nursing facilities for each patient they served. Under the 
Prospective Payment System, services provided by clinical social 
workers are lumped, or ``bundled,'' along with the services of other 
health care providers for the purposes of billing and payments. 
Psychologists and psychiatrists, who provide similar counseling, were 
exempted from this system and continue to bill Medicare directly. This 
bill would exempt clinical social workers, like their mental health 
colleagues, from the Prospective Payment System, and would make sure 
that clinical social workers are paid for the services they provide to 
patients in skilled nursing facilities.
  This bill is about more than paperwork and payment procedures. This

[[Page 8344]]

bill is about equal access to Medicare payments for the equal and 
important work done by clinical social workers. It is about making sure 
our nation's most vulnerable citizens have access to quality, 
affordable mental health care. The overarching goal we should be 
striving to achieve for our seniors is an overall improved quality of 
life. Without clinical social workers, many nursing home residents may 
never get the counseling they need when faced with a life-threatening 
illness or the loss of a loved one. I think we can do better by our 
nation's seniors. I am fighting to make sure we do.
  As a social worker, I have been on the frontlines of helping people 
cope with issues in their everyday lives. I started off fighting for 
abused children, making sure they were placed in safe homes. Today I am 
a social worker with power. I am proud to continue to fight every day 
for the long range needs of the nation on the floor of the U.S. Senate 
and as Chairwoman of the Aging Subcommittee of the Health, Education, 
Labor and Pensions Committee.
  The Clinical Social Work Medicare Equity Act of 2009 and the Dorothy 
I. Height and Whitney M. Young, Jr. Social Work Reinvestment Act is 
strongly supported by the National Association of Social Workers. I 
also want to thank Senator Stabenow and Senator Murray for their 
cosponsorship of the Clinical Social Work Medicare Equity Act of 2009. 
I look forward to working with my colleagues to enact these two 
important pieces of legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 686

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Dorothy I. 
     Height and Whitney M. Young, Jr. Social Work Reinvestment 
     Act''.

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

              TITLE I--SOCIAL WORK REINVESTMENT COMMISSION

Sec. 101. Establishment of Commission.
Sec. 102. Appointment of Commission members.
Sec. 103. Purposes and duties of Commission.
Sec. 104. Powers of the Commission.
Sec. 105. Compensation for Commission members.
Sec. 106. Termination of the Commission.
Sec. 107. Authorization of appropriations.

TITLE II--REINVESTMENT GRANT PROGRAMS TO SUPPORT SOCIAL WORK PROFESSION

Sec. 201. Workplace improvement grants.
Sec. 202. Research grants.
Sec. 203. Education and training grants.
Sec. 204. Community-based programs of excellence grants.
Sec. 205. National coordinating center.
Sec. 206. Multimedia outreach campaign.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Bureau of Labor Statistics states that employment 
     of social workers is expected to increase. The increase is 
     expected to be greater than the average increase in 
     employment (estimated to be 22 percent) during the period of 
     2006 through 2016, demonstrating a substantial need for 
     social workers. The need is even greater for social workers 
     in the area of aging. The National Association of Social 
     Workers Center for Workforce Studies estimates that 9 percent 
     of, or 30,000, licensed social workers specialize in 
     gerontology. By 2010, as more people reach the age of 65, the 
     National Institute on Aging projects that 60,000 to 70,000 
     social workers will be needed.
       (2) Social work salaries are among the lowest for 
     professionals in general and for those with master's level 
     educations in particular. A survey conducted by the John A. 
     Hartford Foundation found that between 1992 and 1999 the 
     annual rate of wage growth for degree-holding social workers 
     was 0.8 percent. According to the National Association of 
     Social Workers Center for Workforce Studies, 60 percent of 
     full-time social workers earn between $35,000 and $59,999 per 
     year, with 25 percent earning between $40,000 and $49,999 per 
     year. Social workers who earn lower salaries are more likely 
     to work in challenging agency environments and to serve more 
     vulnerable clients. They are also more likely to leave the 
     profession.
       (3) According to one study by the Council on Social Work 
     Education, 68 percent of individuals surveyed who held a 
     master's degree in social work graduated with an average debt 
     of $26,777. Additionally, the United States Public Interest 
     Research Group states that 37 percent of public 4-year 
     graduates have too much debt to manage as a starting social 
     worker. While social workers may be in positions that are 
     personally fulfilling, due to their high loan debt and low 
     income, many struggle financially.
       (4) Social work can be a dangerous profession. According to 
     the American Federation of State, County, and Municipal 
     Employees, 70 percent of caseworkers report that front line 
     staff in their agency have been victims of violence or have 
     received threats of violence. Social workers are considerably 
     safer when measures such as use of global positioning 
     systems, self-defense training, and conflict prevention are 
     implemented.
       (5) According to a study by the University of Michigan, 
     approximately 1 in 7 adults over the age of 70 have some form 
     of dementia, and 9.7 percent (or 2,400,000) of those found 
     with dementia were also found to have Alzheimer's disease. 
     Social workers in gerontology settings work with older 
     adults, including those with dementia, to support their 
     physiological, psychological, and social needs through mental 
     health therapy, caregiver and family counseling, health 
     education, program coordination, and case management. Those 
     professionals also assist the hundreds of thousands of older 
     persons who are abused, neglected, frail, or vulnerable. 
     Between 2000 and 2004, there was a 19.7 percent increase in 
     the total number of reports of elder and vulnerable adult 
     abuse and neglect.
       (6) The Children's Defense Fund states that every 36 
     seconds a child is confirmed as abused or neglected. The 
     Administration for Children and Families states that 510,000 
     children were in the United States foster care system in 
     2006. Most of the children in foster care are placed in 
     foster care due to parental abuse or neglect. Research shows 
     that social workers in child welfare agencies are more likely 
     to find permanent homes for children who were in foster care 
     for 2 or more years. Unfortunately, fewer than 40 percent of 
     child welfare workers are social workers.
       (7) The Department of Health and Human Services estimates 
     that 26.2 percent of (or 1 in 4) individuals in the United 
     States age 18 or older experiences a diagnosable mental 
     health disorder. Additionally, 1 in 5 children and 
     adolescents experiences a mental health disorder. At least 1 
     in 10, or about 6,000,000, young people have a serious 
     emotional disturbance. Social workers provide the majority of 
     mental health counseling services in the United States, and 
     are often the only providers of such services in rural areas.
       (8) The Department of Veterans Affairs estimates that there 
     are 23,977,000 veterans in the United States. More than 
     1,100,000 members of the Armed Forces have been deployed to 
     Iraq or Afghanistan since 2001. A once declining veteran 
     population is now surging and is in dire need of mental 
     health treatment to address issues such as post traumatic 
     stress disorder, depression, drug and alcohol addiction, and 
     suicidal tendencies. Veterans make up 25 percent of homeless 
     people in the United States, even though veterans comprise 
     only 11 percent of the general population. Social workers 
     working with veterans and their families provide case 
     management, crisis intervention, mental health interventions, 
     housing and financial counseling, high risk screening, and 
     advocacy among other services. The Department employs over 
     5,000 social workers and is the single largest employer of 
     social workers in the Nation. Social workers in the 
     Department also coordinate the Community Residential Care 
     Program, the oldest and most cost effective of the 
     Department's extended care programs.
       (9) The American Cancer Society estimates that there were 
     1,437,180 new cases of cancer and 565,650 cancer deaths in 
     2008 alone. The incidence of cancer will increase 
     dramatically as the population grows older. The Centers for 
     Disease Control and Prevention report that at the end of 2003 
     there were 1,039,000 to 1,285,000 people living with HIV or 
     AIDS in the United States. In 2006, 1,300,000 people received 
     care from hospice providers in the United States. Health care 
     and medical social workers practice in areas related to all 
     of those circumstances and provide outreach for prevention of 
     health issues, help individuals and their families adapt to 
     their circumstances, provide grief counseling, and act as a 
     liaison between individuals and their medical team, helping 
     patients make informed decisions about their care.
       (10) The National Center for Education Statistics states 
     that in 2005 the national dropout rate for high school 
     students was 9.3 percent. White students dropped out at a 
     rate of 5.8 percent. African-American students dropped out at 
     a rate of 10.7 percent. Hispanic students dropped out at a 
     rate of 22.1 percent. Some vulnerable communities have 
     dropout rates of 50 percent or higher. Social workers in 
     school settings help students avoid dropping out through 
     early identification, prevention, intervention, counseling, 
     and support services.
       (11) According to the Department of Justice, every year 
     more than 650,000 ex-offenders are released from Federal and 
     State prisons. Social workers employed in the corrections 
     system address disproportionate minority incarceration rates, 
     provide treatment for mental health problems and drug

[[Page 8345]]

     and alcohol addiction, and work within as well as outside of 
     the prison to reduce recidivism and increase positive 
     community reentry.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Clinical social worker.--The term ``clinical social 
     worker'' has the meaning given the term in section 
     1861(hh)(1) of the Social Security Act (42 U.S.C. 
     1395x(hh)(1)).
       (2) Commission.--The term ``Commission'' means the Social 
     Work Reinvestment Commission.
       (3) Community-based program.--The term ``community-based 
     program'' means an agency, organization, or other entity, 
     carrying out a program that provides direct social work 
     services, or community development services, at a 
     neighborhood, locality, or regional level, to address human 
     service, health care, or psychosocial needs.
       (4) High need and high demand population.--The term ``high 
     need and high demand population'' means a group that lacks 
     sufficient resources and, as a result, has a greater 
     probability of being harmed by specific social, 
     environmental, or health problems than the population as a 
     whole. The group at issue may be a group residing in an area 
     defined by the Health Resources and Services Administration 
     as a ``health professional shortage area'', which has a 
     shortage of primary medical care, dental, or mental health 
     providers.
       (5) Historically black college or university.--The term 
     ``historically black college or university'' means a part B 
     institution, as defined in section 322 of the Higher 
     Education Act of 1965 (20 U.S.C. 1061).
       (6) Minority-serving institution.--The term ``minority-
     serving institution'' means an educational institution that 
     serves a large percentage of minority students (as determined 
     by the Secretary of Education), including Alaska Native-
     serving institutions, Native Hawaiian-serving institutions, 
     Asian American and Native American Pacific Islander-serving 
     institutions, Predominantly Black Institutions, historically 
     black colleges and universities, Hispanic-serving 
     institutions, Tribal Colleges and Universities, and Native 
     American-serving, nontribal institutions (which shall have 
     the meanings given the terms in section 241(1) of the Higher 
     Education Act of 1965 (20 U.S.C. 1033(1))).
       (7) Related professional researcher.--The term ``related 
     professional researcher'' means a person who is 
     professionally engaged in research in a social, political, 
     economic, health, or mental health field. The research 
     referred to in this paragraph is primarily conducted by 
     doctoral level researchers under university, government, 
     research institute, or community agency auspices.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (9) Social work.--The term ``social work'' means--
       (A) the professional activity of helping individuals, 
     groups, or communities enhance or restore capacity for social 
     and psychosocial functioning and creating societal conditions 
     favorable to that enhancement or restoration;
       (B) an activity, the practice of which consists of the 
     professional application of values, principles, and 
     techniques related to the professional activity described in 
     subparagraph (A), including--
       (i) diagnosis and treatment of mental and emotional 
     disorders with individuals, families, and groups;
       (ii) helping communities or groups provide or improve 
     social and health services and participating in relevant 
     legislative processes; and
       (iii) helping people obtain tangible services; and
       (C) an activity, the practice of which requires knowledge 
     of--
       (i) human development;
       (ii) behavior of social, economic, and cultural 
     institutions; and
       (iii) the interaction of the factors described in clauses 
     (i) and (ii).
       (10) Social work researcher.--The term ``social work 
     researcher'' means a person who studies social work at the 
     individual, family, group, community, policy, or 
     organizational level, focusing across the human life span on 
     prevention of, intervention in, treatment of, aftercare of, 
     and rehabilitation from acute and chronic social and 
     psychosocial conditions, and includes a person examining the 
     effect of policies on social work practice. The study 
     referred to in this paragraph is primarily conducted by 
     researchers with doctoral degrees who are social workers or 
     faculty under university, government, research institute, or 
     community agency auspices.
       (11) Social worker.--The term ``social worker'' means a 
     graduate of a school of social work with a baccalaureate, 
     master's, or doctoral degree, who uses knowledge and skills 
     to provide social work services for clients who may be 
     individuals, families, groups, communities, organizations, or 
     society in general.

              TITLE I--SOCIAL WORK REINVESTMENT COMMISSION

     SEC. 101. ESTABLISHMENT OF COMMISSION.

       Not later than 3 months after the date of enactment of this 
     Act, the Secretary shall establish the Social Work 
     Reinvestment Commission to provide independent counsel to 
     Congress and the Secretary on policy issues associated with 
     recruitment for, and retention, research, and reinvestment 
     in, the profession of social work.

     SEC. 102. APPOINTMENT OF COMMISSION MEMBERS.

       (a) Appointment by the Secretary.--The Secretary shall 
     appoint members to the Commission. The members shall include 
     representatives of social workers and other members, 
     including the following:
       (1) 2 deans of schools of social work.
       (2) 1 social work researcher.
       (3) 1 related professional researcher.
       (4) 1 Governor.
       (5) 2 leaders of national social work organizations.
       (6) 1 senior social work State official.
       (7) 1 senior related State official.
       (8) 2 directors of community-based organizations or 
     nonprofit organizations.
       (9) 1 labor economist.
       (10) 1 social work consumer.
       (11) 1 licensed clinical social worker.
       (b) Appointment by Other Officers.--Four additional members 
     shall be appointed to the Commission, with 1 member appointed 
     by each of the following officers:
       (1) The Speaker of the House of Representatives.
       (2) The minority leader of the House of Representatives.
       (3) The majority leader of the Senate.
       (4) The minority leader of the Senate.
       (c) Organizational Representation.--Members of the 
     Commission shall, to the extent practicable, be appointed--
       (1) in a manner that assures participation of individuals 
     and representatives of groups from different racial, ethnic, 
     cultural, geographic, religious, linguistic, and class 
     backgrounds and different genders and sexual orientations; 
     and
       (2) from among persons who demonstrate knowledge and 
     understanding of the concerns of the individuals and groups 
     described in paragraph (1).
       (d) Selection of Chairperson and Vice Chairperson.--The 
     Secretary shall select a chairperson and vice chairperson for 
     the Commission from among the members of the Commission.
       (e) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission, and any vacancy in 
     the Commission shall not affect the powers of the Commission. 
     Any such vacancy shall be filled in the same manner as the 
     original appointment.
       (f) Schedule of Meetings.--The Commission shall hold its 
     first meeting not later than 6 weeks after the date on which 
     the final member of the Commission is appointed, and 
     subsequent meetings at the call of the chair.

     SEC. 103. PURPOSES AND DUTIES OF COMMISSION.

       (a) Study.--The Commission shall conduct a comprehensive 
     study to examine and assess--
       (1) the professional capacity of the social work workforce 
     to successfully serve and respond to the increasing 
     biopsychosocial needs of individuals, groups, and 
     communities, in--
       (A) areas related to--
       (i) aging;
       (ii) child welfare;
       (iii) military and veterans affairs;
       (iv) mental and behavioral health and disability;
       (v) criminal justice and correctional systems; and
       (vi) health and issues affecting women and families; and
       (B) other areas identified by the Commission;
       (2)(A) the workforce challenges facing the profession of 
     social work, such as high social work educational debt, lack 
     of fair market compensation, the need to address social work 
     workforce trends, translate social work research to practice, 
     promote social work safety, or develop State-level social 
     work licensure policies and reciprocity agreements for 
     providing services across State lines, or the lack of 
     diversity in the social work profession, or the need to 
     address any other area determined by the Secretary to be 
     appropriate; and
       (B) the effect that such challenges have on the recruitment 
     and retention of social workers;
       (3) current workforce challenges and shortages relevant to 
     the needs of clients served by social workers;
       (4) the social work workforce challenges described in 
     paragraph (2) and the effects that the challenges will have 
     on the provision of social work related to the areas 
     described in paragraph (1); and
       (5) the advisability of establishing a social work 
     enhancement account, to provide direct grant assistance to 
     local governments to encourage the engagement of social 
     workers in social service programs.
       (b) Report.--Not later than 18 months after the date of its 
     first meeting, the Commission shall submit a report to the 
     Secretary and Congress containing specific findings and 
     conclusions regarding the need for recruitment for, and 
     retention, research, and reinvestment in, the profession of 
     social work. The report shall include recommendations and 
     strategies for corrective actions to

[[Page 8346]]

     ensure a robust social work workforce capable of keeping up 
     with the demand for needed services. The Commission may 
     provide to Congress any additional findings or 
     recommendations considered by the Commission to be important.

     SEC. 104. POWERS OF THE COMMISSION.

       (a) Powers.--The Commission shall have the power to--
       (1) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission considers advisable 
     to carry out the objectives of this title;
       (2) delegate the Commission powers described in paragraph 
     (1) to any Commission subcommittee or member of the 
     Commission for the purpose of carrying out this Act;
       (3) enter into contracts to enable the Commission to 
     perform the Commission's work under this Act; and
       (4) consult, to the extent that the Commission determines 
     that such consultation is necessary or useful, with other 
     agencies and organizations, including--
       (A) agencies within the Department of Health and Human 
     Services, including the Administration for Children and 
     Families, the Administration on Aging, the Agency for 
     Healthcare Research and Quality, the Centers for Disease 
     Control and Prevention, the Centers for Medicare & Medicaid 
     Services, the Health Resources and Service Administration, 
     the Indian Health Service, the National Institutes of Health, 
     and the Substance Abuse and Mental Health Services 
     Administration;
       (B) the Social Security Administration;
       (C) the Departments of Agriculture, Defense, Education, 
     Homeland Security, Labor, Justice, State, and Veterans 
     Affairs; and
       (D) any other agency of the Federal Government, as 
     determined by the Commission.
       (b) Cooperation With the Commission.--The agencies 
     described in subsection (a)(4) shall cooperate with and 
     provide counsel to the Commission to the greatest extent 
     practicable.

     SEC. 105. COMPENSATION FOR COMMISSION MEMBERS.

       (a) Travel Expenses.--The members of the Commission shall 
     not receive compensation for the performance of services for 
     the Commission, but shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter 1 of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission. Notwithstanding section 1342 
     of title 31, United States Code, the Secretary may accept the 
     voluntary and uncompensated services of members of the 
     Commission.
       (b) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.

     SEC. 106. TERMINATION OF THE COMMISSION.

       The Commission shall terminate 30 days after the date on 
     which the Commission submits its report under section 103.

     SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary 
     such sums as may be necessary for use by the activities of 
     the Commission.

TITLE II--REINVESTMENT GRANT PROGRAMS TO SUPPORT SOCIAL WORK PROFESSION

     SEC. 201. WORKPLACE IMPROVEMENT GRANTS.

       (a) Grants Authorized.--The Secretary may award grants to 4 
     eligible entities described in subsection (d) to address 
     workplace concerns for the social work profession, including 
     caseloads, compensation, social work safety, supervision, and 
     working conditions.
       (b) Equal Amounts.--The Secretary shall award grants under 
     this section in equal amounts to the 4 eligible entities. The 
     Secretary shall award the grants annually over a 4-year 
     period.
       (c) Local or State Government Entities Requirement.--At 
     least 2 of the grant recipients shall be State or local 
     government agencies.
       (d) Eligibility Requirements.--To be eligible for a grant 
     under this section, an entity shall--
       (1) work in a social work capacity that demonstrates a need 
     regarding a workplace concern area described in subsection 
     (a);
       (2) demonstrate--
       (A) participation in the entities' programs of individuals 
     and groups from different racial, ethnic, cultural, 
     geographic, religious, linguistic, and class backgrounds, and 
     different genders and sexual orientations; and
       (B) knowledge and understanding of the concerns of the 
     individuals and groups described in subparagraph (A);
       (3) demonstrate a record of active participation of social 
     workers in the entities' programs; and
       (4) provide services and represent the individuals employed 
     by the entities as competent only within the boundaries of 
     their education, training, licenses, certification, 
     consultation received, supervised experience, or other 
     relevant professional experience.
       (e) Priority.--In selecting the grant recipients under this 
     section, the Secretary shall give priority to eligible 
     entities that--
       (1) are equipped with the capacity to oversee and monitor a 
     workplace improvement program carried out under this section, 
     including proven fiscal responsibility and administrative 
     capability; and
       (2) are knowledgeable about relevant workforce trends and 
     have at least 2 years of experience relevant to the workplace 
     improvement program.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $16,000,000 to the Secretary to award 
     grants under this section.

     SEC. 202. RESEARCH GRANTS.

       (a) Grants Authorized.--The Secretary may award grants to 
     not less than 25 social workers who hold a doctoral degree in 
     social work, for post-doctoral research in social work--
       (1) to further the knowledge base about effective social 
     work interventions; and
       (2) to promote usable strategies to translate research into 
     practice across diverse community settings and service 
     systems.
       (b) Amounts.--The Secretary shall award the grants annually 
     over a 4-year period.
       (c) Eligibility Requirements.--To be eligible for a grant 
     under this section, a social worker shall--
       (1) demonstrate knowledge and understanding of the concerns 
     of individuals and groups from different racial, ethnic, 
     cultural, geographic, religious, linguistic, and class 
     backgrounds, and different genders and sexual orientations; 
     and
       (2) provide services and represent themselves as competent 
     only within the boundaries of their education, training, 
     licenses, certification, consultation received, supervised 
     experience, or other relevant professional experience.
       (d) Minority Representation.--At least 10 of the social 
     workers awarded grants under subsection (a) shall be employed 
     by a historically black college or university or minority-
     serving institution.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 to the Secretary to award 
     grants under this section.

     SEC. 203. EDUCATION AND TRAINING GRANTS.

       (a) Grants Authorized.--The Secretary may award 20 grants 
     to eligible institutions of higher education to support the 
     recruitment of social work students for, and education of the 
     students in, baccalaureate, master's, and doctoral degree 
     programs, as well as the development of faculty in social 
     work.
       (b) Equal Amounts.--The Secretary shall award grants under 
     this section in equal amounts of not more than $100,000 to 
     the 20 eligible institutions. The Secretary shall award the 
     grants annually over a 4-year period.
       (c) Eligibility Requirements.--To be eligible for a grant 
     under this section, an institution shall demonstrate--
       (1) participation in the institutions' programs of 
     individuals and groups from different racial, ethnic, 
     cultural, geographic, religious, linguistic, and class 
     backgrounds, and different genders and sexual orientations; 
     and
       (2) knowledge and understanding of the concerns of the 
     individuals and groups described in paragraph (1).
       (d) Institutional Requirement.--At least 4 of the grant 
     recipients shall be historically black colleges or 
     universities or other minority-serving institutions.
       (e) Priority.--In selecting the grant recipients under this 
     section, the Secretary shall give priority to institutions of 
     higher education that--
       (1) are accredited by the Council on Social Work Education;
       (2) have a graduation rate of not less than 80 percent for 
     social work students; and
       (3) exhibit an ability to recruit social workers from and 
     place social workers in areas with a high need and high 
     demand population.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $8,000,000 to the Secretary to award 
     grants under this section.

     SEC. 204. COMMUNITY-BASED PROGRAMS OF EXCELLENCE GRANTS.

       (a) Grants Authorized.--The Secretary may award grants to 6 
     eligible covered entities, to further test and replicate 
     effective social work interventions.
       (b) Covered Entity.--For purposes of this section, the term 
     ``covered entity'' means--
       (1) a public entity that is carrying out a community-based 
     program of excellence; and
       (2) a nonprofit organization that is carrying out a program 
     of excellence.
       (c) Equal Amounts.--The Secretary shall award grants under 
     this section in equal amounts of not more than $500,000 to 
     eligible covered entities. The Secretary shall award the 
     grants annually over a 3-year period.
       (d) Eligibility Requirements.--To be eligible for a grant 
     under this section, a covered entity shall--
       (1) carry out programs in the areas of aging, child 
     welfare, military and veteran's issues, mental and behavioral 
     health and disability, criminal justice and correction 
     systems, and health and issues affecting women and families;
       (2) demonstrate--
       (A) participation in the covered entities' programs of 
     individuals and groups from different racial, ethnic, 
     cultural, geographic,

[[Page 8347]]

     religious, linguistic, and class backgrounds, and different 
     genders and sexual orientations; and
       (B) knowledge and understanding of the concerns of the 
     individuals and groups described in subparagraph (A);
       (3) demonstrate a record of active participation of social 
     workers in the covered entities' programs; and
       (4) provide services and represent the individuals employed 
     by the covered entities as competent only within the 
     boundaries of their education, training, licenses, 
     certification, consultation received, supervised experience, 
     or other relevant professional experience.
       (e) Priority.--In selecting the grant recipients under this 
     section, the Secretary shall give priority to eligible 
     covered entities that--
       (1) have demonstrated successful and measurable outcomes 
     that are worthy of replication;
       (2) have been in operation for at least 2 years; and
       (3) work with high need and high demand populations.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $9,000,000 to the Secretary to award 
     grants under this section.

     SEC. 205. NATIONAL COORDINATING CENTER.

       (a) Establishment.--The Secretary shall enter into a 
     contract with a national social work research entity that--
       (1) has experience in coordinating the transfer of 
     information and ideas among entities engaged in social work 
     research, practice, education, and policymaking; and
       (2) maintains relationships with Federal entities, social 
     work degree-granting institutions of higher education and 
     departments of social work within such institutions, and 
     organizations and agencies that employ social workers.
       (b) General Duties.--The contract recipient (referred to in 
     this section as the ``coordinating center'') shall serve as a 
     coordinating center and shall organize information and other 
     data, collect and report data, serve as a clearinghouse, and 
     coordinate activities with the entities, institutions, 
     departments, organizations, and agencies described in 
     subsection (a)(2).
       (c) Collaboration.--The coordinating center shall work with 
     institutions of higher education, research entities, and 
     entities with social work practice settings to identify key 
     research areas to be pursued, identify qualified research 
     fellows, and organize appropriate mentorship and professional 
     development efforts.
       (d) Specific Activities of the Coordinating Center.--The 
     coordinating center shall--
       (1) collect, coordinate, monitor, and distribute data, 
     information on best practices and findings regarding the 
     activities funded under grants made to eligible entities and 
     individuals under the grant programs described in sections 
     201 though 204;
       (2) prepare and submit to the Secretary a report that 
     includes recommendations regarding the need to recruit new 
     social workers, retain current social workers, conduct social 
     work research, and reinvestment into the profession of social 
     work; and
       (3) demonstrate cultural competency and promote the 
     participation of diverse groups in the activities of the 
     culture.
       (e) Selection.--The Secretary, in collaboration with the 
     coordinating center, shall--
       (1) select topics to be researched under this section;
       (2) select candidates and finalists for research fellow 
     positions; and
       (3) determine other activities to be carried out under this 
     section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $1,000,000 to carry out this section for 
     each of fiscal years 2010 to 2014.

     SEC. 206. MULTIMEDIA OUTREACH CAMPAIGN.

       (a) Development and Issuance of Public Service 
     Announcements.--The Secretary shall develop and issue public 
     service announcements that advertise and promote the social 
     work profession, highlight the advantages and rewards of 
     social work, and encourage individuals to enter the social 
     work profession.
       (b) Method.--The public service announcements described in 
     subsection (a) shall be broadcast through appropriate media 
     outlets, including television or radio, in a manner intended 
     to reach as wide and diverse an audience as possible.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section for each of fiscal years 2010 through 2013.
                                 ______
                                 
      By Ms. MIKULSKI (for herself, Ms. Stabenow, and Mrs. Murray):
  S. 687. A bill to amend title XVIII of the Social Security Act to 
permit direct payment under the Medicare program for clinical social 
worker services provided to residents of skilled nursing facilities; to 
the Committee on Finance.
  Ms. MIKULSKI. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 687

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Clinical Social Work 
     Medicare Equity Act of 2009''.

     SEC. 2. PERMITTING DIRECT PAYMENT UNDER THE MEDICARE PROGRAM 
                   FOR CLINICAL SOCIAL WORKER SERVICES PROVIDED TO 
                   RESIDENTS OF SKILLED NURSING FACILITIES.

       (a) In General.--Section 1888(e)(2)(A)(ii) of the Social 
     Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by 
     inserting ``clinical social worker services,'' after 
     ``qualified psychologist services,''.
       (b) Conforming Amendment.--Section 1861(hh)(2) of the 
     Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by 
     striking ``and other than services furnished to an inpatient 
     of a skilled nursing facility which the facility is required 
     to provide as a requirement for participation''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to items and services furnished on or after the 
     date that regulations relating to payment for physicians' 
     services for calendar year 2010 take effect, but in no case 
     later than the first day of the third month beginning after 
     the date of the enactment of this Act.

                          ____________________