II 

Calendar No. 894 

110TH CONGRESS 

2D SESSION S. 3297 

To advance America’s priorities. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2008 

Mr. REID (for himself, Mr. LEAHY, Mr. LIEBERMAN, Mrs. FEINSTEIN, Mr. 

INOUYE, Mr. KENNEDY, Mrs. BOXER, and Mr. BIDEN) introduced the 

following bill; which was read the first time 

JULY 23, 2008 

Read the second time and placed on the calendar 

A BILL 

To advance America’s priorities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Advancing America’s Priorities Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title. 


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TITLE I—HEALTHCARE PROVISIONS 

Subtitle A—ALS Registry Act 

Sec. 1001. Short title. 

Sec. 1002. Amendment to the Public Health Service Act. 

Sec. 1003. Report on registries. 

Subtitle B—Christoper and Dana Reeve Paralysis Act 

Sec. 1101. Short title. 

PART I—PARALYSIS RESEARCH

Sec. 1111. Expansion and coordination of activities of the National Institutes 

of Health with respect to research on paralysis. 

PART II—PARALYSIS REHABILITATION RESEARCH AND CARE

Sec. 1121. Expansion and coordination of activities of the National Institutes 

of Health with respect to research with implications for enhancing daily function for persons with paralysis. 

PART III—IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS

AND OTHER PHYSICAL DISABILITIES

Sec. 1131. Programs to improve quality of life for persons with paralysis and 

other physical disabilities. 

Subtitle C—Stroke Treatment and Ongoing Prevention Act 

Sec. 1201. Short title. 

Sec. 1202. Amendments to Public Health Service Act regarding stroke programs. 

Sec. 1203. Pilot project on telehealth stroke treatment. 

Sec. 1204. Rule of construction. 

Subtitle D—Melanie Blocker Stokes MOTHERS Act 

Sec. 1301. Short title. 

PART I—RESEARCH ON POSTPARTUM CONDITIONS 

Sec. 1311. Expansion and intensification of activities. 

Sec. 1312. Sense of Congress regarding longitudinal study of relative mental 

health consequences for women of resolving a pregnancy. 

PART II—DELIVERY OF SERVICES REGARDING POSTPARTUM 

CONDITIONS 

Sec. 1321. Establishment of program of grants. 

Sec. 1322. Certain requirements. 

Sec. 1323. Technical assistance. 

PART III—GENERAL PROVISIONS 

Sec. 1331. Authorization of appropriations. 

Sec. 1332. Report by the Secretary. 

Sec. 1333. Limitation. 


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Subtitle E—Vision Care for Kids Act of 2008 

Sec. 1401. Short title. 

Sec. 1402. Findings. 

Sec. 1403. Grants regarding vision care for children. 

Subtitle F—Prenatally and Postnatally Diagnosed Conditions Awareness Act 

Sec. 1501. Short title. 

Sec. 1502. Purposes. 

Sec. 1503. Amendment to the Public Health Service Act. 

TITLE II—JUDICIARY PROVISIONS 

Subtitle A—Reconnecting Homeless Youth Act of 2008 

Sec. 2101. Short title. 

Sec. 2102. Findings. 

Sec. 2103. Basic center program. 

Sec. 2104. Transitional living grant program. 

Sec. 2105. Grants for research evaluation, demonstration, and service projects. 

Sec. 2106. Coordinating, training, research, and other activities. 

Sec. 2107. Sexual abuse prevention program. 

Sec. 2108. National homeless youth awareness campaign. 

Sec. 2109. Conforming amendments. 

Sec. 2110. Performance standards. 

Sec. 2111. Government Accountability Office study and report. 

Sec. 2112. Definitions. 

Sec. 2113. Authorization of appropriations. 

Subtitle B—Emmett Till Unsolved Civil Rights Crimes Act of 2007 

Sec. 2201. Short title. 

Sec. 2202. Sense of Congress. 

Sec. 2203. Deputy Chief of the Criminal Section of the Civil Rights Division. 

Sec. 2204. Supervisory Special Agent in the Civil Rights Unit of the Federal 

Bureau of Investigation. 

Sec. 2205. Grants to State and local law enforcement. 

Sec. 2206. Authorization of appropriations. 

Sec. 2207. Definition of criminal civil rights statutes. 

Sec. 2208. Sunset. 

Sec. 2209. Authority of Inspectors General. 

Subtitle C—Mentally Ill Offender Treatment and Crime Reduction 

Reauthorization and Improvement Act of 2008 

Sec. 2301. Short title. 

Sec. 2302. Findings. 

Sec. 2303. Reauthorization of the Adult and Juvenile Collaboration Program 

Grants. 

Sec. 2304. Law enforcement response to mentally ill offenders improvement 

grants. 

Sec. 2305. Improving the mental health courts grant program. 

Sec. 2306. Examination and report on prevalence of mentally ill offenders. 

Subtitle D—Effective Child Pornography Prosecution Act of 2007 

Sec. 7401. Short title. 


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Sec. 7402. Findings. 

Sec. 7403. Clarifying ban of child pornography. 

Subtitle E—Enhancing the Effective Prosecution of Child Pornography Act of 

2007 

Sec. 2501. Short title. 

Sec. 2502. Money laundering predicate. 

Sec. 2503. Knowingly accessing child pornography with the intent to view child 

pornography. 

Subtitle F—Drug Endangered Children Act of 2007 

Sec. 2601. Short title. 

Sec. 2602. Drug-endangered children grant program extended. 

Subtitle G—Star-Spangled Banner and War of 1812 Bicentennial Commission 

Act 

Sec. 2701. Short title. 

Sec. 2702. Star-Spangled Banner and War of 1812 Bicentennial Commission. 

Subtitle H—PROTECT Our Children Act of 2008 

Sec. 2801. Short title. 

Sec. 2802. Definitions. 

PART I—NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND

INTERDICTION

Sec. 2811. Establishment of National Strategy for Child Exploitation Prevention and Interdiction. 

Sec. 2812. Establishment of National ICAC Task Force Program. 

Sec. 2813. Purpose of ICAC task forces. 

Sec. 2814. Duties and functions of task forces. 

Sec. 2815. National Internet Crimes Against Children Data System. 

Sec. 2816. ICAC grant program. 

Sec. 2817. Authorization of appropriations. 

PART II—ADDITIONAL MEASURES TO COMBAT CHILD 

EXPLOITATION 

Sec. 2821. Additional regional computer forensic labs. 

PART III—EFFECTIVE CHILD PORNOGRAPHY PROSECUTION

Sec. 2831. Prohibit the broadcast of live images of child abuse. 

Sec. 2832. Amendment to section 2256 of title 18, United States Code. 

Sec. 2833. Amendment to section 2260 of title 18, United States Code. 

Sec. 2834. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography. 

PART IV—NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS

Sec. 2841. NIJ study of risk factors for assessing dangerousness. 

TITLE III—ENVIRONMENT AND PUBLIC WORKS PROVSIONS 

Subtitle A—Captive Primate Safety Act 


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Sec. 3001. Short title. 

Sec. 3002. Addition of nonhuman primates to definition of prohibited wildlife 

species. 

Sec. 3003. Captive wildlife amendments. 

Sec. 3004. Applicability provision amendment. 

Sec. 3005. Regulations. 

Sec. 3006. Authorization of appropriations for additional law enforcement personnel. 

Subtitle B—Chesapeake Bay Gateways and Watertrails Network Continuing 

Authorization Act 

Sec. 3011. Short title. 

Sec. 3012. Authorization of appropriations. 

Subtitle C—Beach Protection Act of 2008 

Sec. 3021. Short title. 

Sec. 3022. Beachwater pollution source identification and prevention. 

Sec. 3023. Funding for Beaches Environmental Assessment and Coastal Health 

Act. 

Sec. 3024. State reports. 

Sec. 3025. Use of rapid testing methods. 

Sec. 3026. Prompt communication with State environmental agencies. 

Sec. 3027. Content of State and local programs. 

Sec. 3028. Compliance review. 

Sec. 3029. Study of grant distribution formula. 

Subtitle D—Appalachian Regional Development Act Amendments of 2008 

Sec. 3031. Short title. 

Sec. 3032. Limitation on available amounts; maximum commission contribution. 

Sec. 3033. Economic and energy development initiative. 

Sec. 3034. Distressed, at-risk, and economically strong counties. 

Sec. 3035. Authorization of appropriations. 

Sec. 3036. Termination. 

Sec. 3037. Additions to Appalachian region. 

TITLE IV—FOREIGN RELATIONS PROVISIONS 

Subtitle A—Senator Paul Simon Study Abroad Foundation Act of 2008 

Sec. 4001. Short title. 

Sec. 4002. Findings. 

Sec. 4003. Purposes. 

Sec. 4004. Definitions. 

Sec. 4005. Establishment and management of the Senator Paul Simon Study 

Abroad Foundation. 

Sec. 4006. Establishment and operation of program. 

Sec. 4007. Annual report. 

Sec. 4008. Powers of the Foundation; related provisions. 

Sec. 4009. General personnel authorities. 

Sec. 4010. GAO review. 

Sec. 4011. Authorization of appropriations. 


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Subtitle B—Reconstruction and Stabilization Civilian Management Act of 

2008 

Sec. 4101. Short title. 

Sec. 4102. Findings. 

Sec. 4103. Definitions. 

Sec. 4104. Authority to provide assistance for reconstruction and stabilization 

crises. 

Sec. 4105. Reconstruction and stabilization. 

Sec. 4106. Authorities related to personnel. 

Sec. 4107. Reconstruction and stabilization strategy. 

Sec. 4108. Annual reports to Congress. 

Subtitle C—Overseas Private Investment Corporation Reauthorization of Act 

of 2008 

Sec. 4201. Short title. 

Sec. 4202. Reauthorization of OPIC programs. 

Sec. 4203. Requirements regarding internationally recognized worker rights. 

Sec. 4204. Preferential consideration of certain investment projects. 

Sec. 4205. Climate change mitigation action plan. 

Sec. 4206. Increased transparency. 

Sec. 4207. Transparency and accountability of investment funds. 

Sec. 4208. Prohibition on assistance to develop or promote certain railway connections and railway-related connections. 

Sec. 4209. Ineligibility of persons doing certain business with state sponsors of 

terrorism. 

Sec. 4210. Congressional notification regarding maximum contingent liability. 

Sec. 4211. Extension of authority to operate in Iraq. 

Sec. 4212. Low-income housing. 

Sec. 4213. Assistance for small businesses and entities. 

Sec. 4214. Technical corrections. 

Subtitle D—Tropical Forest and Coral Conservation Reauthorization Act of 

2008 

Sec. 4301. Short title. 

Sec. 4302. Amendment to short title of Act to encompass expanded scope. 

Sec. 4303. Expansion of scope of act to protect forests and coral reefs. 

Sec. 4304. Change to name of facility. 

Sec. 4305. Eligibility for benefits. 

Sec. 4306. United States Government representation on oversight bodies for 

grants from debt-for-nature swaps and debt-buybacks. 

Sec. 4307. Conservation agreements. 

Sec. 4308. Conservation Fund. 

Sec. 4309. Repeal of authority of the enterprise for The Americas Board to 

carry out activities under the Forest and Coral Conservation 

Act of 2008. 

Sec. 4310. Changes to due dates of annual reports to Congress. 

Sec. 4311. Changes to International Monetary Fund criterion for country eligibility. 

Sec. 4312. New authorization of appropriations for the reduction of debt and 

authorization for audit, evaluation, monitoring, and administration expenses. 

Subtitle E—Torture Victims Relief Reauthorization Act of 2008 


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Sec. 4401. Short title. 

Sec. 4402. Authorization of appropriations for domestic treatment centers for 

victims of torture. 

Sec. 4403. Authorization of appropriations for foreign treatment centers for 

victims of torture. 

Sec. 4404. Authorization of appropriations for the United States contribution 

to the United Nations voluntary fund for victims of torture. 

Subtitle F—Support for the Museum of the History of Polish Jews Act of 

2008 

Sec. 4501. Short title. 

Sec. 4502. Findings. 

Sec. 4503. Assistance for the Museum of the History of Polish Jews. 

TITLE V—COMMERCE, SCIENCE, AND TRANSPORTATION 

PROVISIONS 

Subtitle A—Communications 

PART I—BROADBAND DATA IMPROVEMENT ACT

Sec. 5101. Short title. 

Sec. 5102. Findings. 

Sec. 5103. Improving Federal data on broadband. 

Sec. 5104. Study on additional broadband metrics and standards. 

Sec. 5105. Study on the impact of broadband speed and price on small businesses. 

Sec. 5106. Encouraging State initiatives to improve broadband. 

PART II—TRAINING FOR REALTIME WRITERS ACT OF 2007 

Sec. 5111. Short title. 

Sec. 5112. Findings. 

Sec. 5113. Authorization of grant program to promote training and job placement of realtime writers. 

Sec. 5114. Application. 

Sec. 5115. Use of funds. 

Sec. 5116. Reports. 

Sec. 5117. Authorization of appropriations. 

Sec. 5118. Sunset. 

Subtitle B—Oceans 

PART I—HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF

2008 

Sec. 5201. Short title. 

Sec. 5202. Definitions. 

Sec. 5203. Functions of the Administrator. 

Sec. 5204. Hydrographic Services Review Panel. 

Sec. 5205. Authorization of appropriations. 

Sec. 5206. Authorized NOAA corps strength. 

PART II—OCEAN EXPLORATION

SUBPART A—EXPLORATION


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Sec. 5211. Purpose. 

Sec. 5212. Program established. 

Sec. 5213. Powers and duties of the Administrator. 

Sec. 5214. Ocean exploration and undersea research technology and infrastructure task force. 

Sec. 5215. Ocean Exploration Advisory Board. 

Sec. 5216. Authorization of appropriations. 

SUBPART B—NOAA UNDERSEA RESEARCH PROGRAM ACT OF 2008

Sec. 5221. Short title. 

Sec. 5222. Program established. 

Sec. 5223. Powers of program director. 

Sec. 5224. Administrative structure. 

Sec. 5225. Research, exploration, education, and technology programs. 

Sec. 5226. Competitiveness. 

Sec. 5227. Authorization of appropriations. 

PART III—OCEAN AND COASTAL MAPPING INTEGRATION ACT

Sec. 5231. Short title. 

Sec. 5232. Establishment of program. 

Sec. 5233. Interagency committee on ocean and coastal mapping. 

Sec. 5234. Biannual reports. 

Sec. 5235. Plan. 

Sec. 5236. Effect on other laws. 

Sec. 5237. Authorization of appropriations. 

Sec. 5238. Definitions. 

PART IV—NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT

OF 2008 

Sec. 5241. Short title. 

Sec. 5242. References. 

Sec. 5243. Findings and purpose. 

Sec. 5244. Definitions. 

Sec. 5245. National Sea Grant College Program. 

Sec. 5246. Program or project grants and contracts. 

Sec. 5247. Extension services by Sea Grant Colleges and Sea Grant Institutes. 

Sec. 5248. Fellowships. 

Sec. 5249. National Sea Grant Advisory Board. 

Sec. 5250. Authorization of appropriations. 

PART V—INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF

2008 

Sec. 5261. Short title. 

Sec. 5262. Purposes. 

Sec. 5263. Definitions. 

Sec. 5264. Integrated coastal and ocean observing system. 

Sec. 5265. Interagency financing and agreements. 

Sec. 5266. Application with other laws. 

Sec. 5267. Report to Congress. 

Sec. 5268. Public-private use policy. 

Sec. 5269. Independent cost estimate. 

Sec. 5270. Intent of Congress. 

Sec. 5271. Authorization of appropriations. 


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PART VI—FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING

ACT OF 2008 

Sec. 5281. Short title. 

Sec. 5282. Purposes. 

Sec. 5283. Definitions. 

Sec. 5284. Interagency subcommittee. 

Sec. 5285. Strategic research plan. 

Sec. 5286. NOAA ocean acidification activities. 

Sec. 5287. NSF ocean acidification activities. 

Sec. 5288. NASA ocean acidification activities. 

Sec. 5289. Authorization of appropriations. 

TITLE VI—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

PROVISIONS 

Subtitle A—National Capital Transportation Amendments Act of 2008 

Sec. 6101. Short title; findings. 

Sec. 6102. Authorization for Capital and Preventive Maintenance projects for 

Washington Metropolitan Area Transit Authority. 

Subtitle B—Preservation of Records of Servitude, Emancipation, and PostCivil War Reconstruction Act 

Sec. 6201. Short title. 

Sec. 6202. Establishment of national database. 

Sec. 6203. Grants for establishment of State and local databases. 

Sec. 6204. Authorization of appropriations. 

Subtitle C—Predisaster Hazard Mitigation Act of 2008 

Sec. 6301. Short title. 

Sec. 6302. Predisaster hazard mitigation. 

Sec. 6303. Flood control projects. 

Sec. 6304. Technical and conforming amendments. 

TITLE VII—RULES AND ADMINISTRATION PROVISIONS 

Sec. 7001. Construction of greenhouse facility. 

1 TITLE I—HEALTHCARE 

2 PROVISIONS 

3 Subtitle A—ALS Registry Act 

4 SEC. 1001. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘ALS Registry 

6 Act’’. 


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1 SEC. 1002. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

2 ACT. 

3 Part P of title III of the Public Health Service Act 

4 (42 U.S.C. 280g et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REG7 ISTRY. 

8 ‘‘(a) ESTABLISHMENT.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the receipt of the report described in subsection 

11 (b)(2)(A), the Secretary, acting through the Director 

12 of the Centers for Disease Control and Prevention, 

13 shall— 

14 ‘‘(A) develop a system to collect data on 

15 amyotrophic lateral sclerosis (referred to in this 

16 section as ‘ALS’) and other motor neuron dis17 orders that can be confused with ALS, 

18 misdiagnosed as ALS, and in some cases 

19 progress to ALS, including information with re20 spect to the incidence and prevalence of the dis21 ease in the United States; and 

22 ‘‘(B) establish a national registry for the 

23 collection and storage of such data to develop a 

24 population-based registry of cases in the United 

25 States of ALS and other motor neuron dis26 orders that can be confused with ALS, 


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1 misdiagnosed as ALS, and in some cases 

2 progress to ALS. 

3 ‘‘(2) PURPOSE.—It is the purpose of the reg4 istry established under paragraph (1)(B) to— 

5 ‘‘(A) better describe the incidence and 

6 prevalence of ALS in the United States; 

7 ‘‘(B) examine appropriate factors, such as 

8 environmental and occupational, that may be 

9 associated with the disease; 

10 ‘‘(C) better outline key demographic fac11 tors (such as age, race or ethnicity, gender, and 

12 family history of individuals who are diagnosed 

13 with the disease) associated with the disease; 

14 ‘‘(D) better examine the connection be15 tween ALS and other motor neuron disorders 

16 that can be confused with ALS, misdiagnosed 

17 as ALS, and in some cases progress to ALS; 

18 and 

19 ‘‘(E) other matters as recommended by the 

20 Advisory Committee established under sub21 section (b). 

22 ‘‘(b) ADVISORY COMMITTEE.— 

23 ‘‘(1) ESTABLISHMENT.—Not later than 180 

24 days after the date of the enactment of this section, 

25 the Secretary, acting through the Director of the 


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1 Centers for Disease Control and Prevention, shall 

2 establish a committee to be known as the Advisory 

3 Committee on the National ALS Registry (referred 

4 to in this section as the ‘Advisory Committee’). The 

5 Advisory Committee shall be composed of not more 

6 than 27 members to be appointed by the Secretary, 

7 acting through the Centers for Disease Control and 

8 Prevention, of which— 

9 ‘‘(A) two-thirds of such members shall rep10 resent governmental agencies— 

11 ‘‘(i) including at least one member 

12 representing— 

13 ‘‘(I) the National Institutes of 

14 Health, to include, upon the rec15 ommendation of the Director of the 

16 National Institutes of Health, rep17 resentatives from the National Insti18 tute of Neurological Disorders and 

19 Stroke and the National Institute of 

20 Environmental Health Sciences; 

21 ‘‘(II) the Department of Veterans 

22 Affairs; 

23 ‘‘(III) the Agency for Toxic Sub24 stances and Disease Registry; and 


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1 ‘‘(IV) the Centers for Disease 

2 Control and Prevention; and 

3 ‘‘(ii) of which at least one such mem4 ber shall be a clinician with expertise on 

5 ALS and related diseases, an epidemiolo6 gist with experience in data registries, a 

7 statistician, an ethicist, and a privacy ex8 pert (relating to the privacy regulations 

9 under the Health Insurance Portability 

10 and Accountability Act of 1996); and 

11 ‘‘(B) one-third of such members shall be 

12 public members, including at least one member 

13 representing— 

14 ‘‘(i) national and voluntary health as15 sociations; 

16 ‘‘(ii) patients with ALS or their fam17 ily members; 

18 ‘‘(iii) clinicians with expertise on ALS 

19 and related diseases; 

20 ‘‘(iv) epidemiologists with experience 

21 in data registries; 

22 ‘‘(v) geneticists or experts in genetics 

23 who have experience with the genetics of 

24 ALS or other neurological diseases and 


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1 ‘‘(vi) other individuals with an interest 

2 in developing and maintaining the National 

3 ALS Registry. 

4 ‘‘(2) DUTIES.—The Advisory Committee shall 

5 review information and make recommendations to 

6 the Secretary concerning— 

7 ‘‘(A) the development and maintenance of 

8 the National ALS Registry; 

9 ‘‘(B) the type of information to be col10 lected and stored in the Registry; 

11 ‘‘(C) the manner in which such data is to 

12 be collected; 

13 ‘‘(D) the use and availability of such data 

14 including guidelines for such use; and 

15 ‘‘(E) the collection of information about 

16 diseases and disorders that primarily affect 

17 motor neurons that are considered essential to 

18 furthering the study and cure of ALS. 

19 ‘‘(3) REPORT.—Not later than 270 days after 

20 the date on which the Advisory Committee is estab21 lished, the Advisory Committee shall submit a report 

22 to the Secretary concerning the review conducted 

23 under paragraph (2) that contains the recommenda24 tions of the Advisory Committee with respect to the 

25 results of such review. 


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1 ‘‘(c) GRANTS.—The Secretary, acting through the 

2 Director of the Centers for Disease Control and Preven3 tion, may award grants to, and enter into contracts and 

4 cooperative agreements with, public or private nonprofit 

5 entities for the collection, analysis, and reporting of data 

6 on ALS and other motor neuron disorders that can be con7 fused with ALS, misdiagnosed as ALS, and in some cases 

8 progress to ALS after receiving the report under sub9 section (b)(3). 

10 ‘‘(d) COORDINATION WITH STATE, LOCAL, AND FED11 ERAL REGISTRIES.— 

12 ‘‘(1) IN GENERAL.—In establishing the Na13 tional ALS Registry under subsection (a), the Sec14 retary, acting through the Director of the Centers 

15 for Disease Control and Prevention, shall— 

16 ‘‘(A) identify, build upon, expand, and co17 ordinate among existing data and surveillance 

18 systems, surveys, registries, and other Federal 

19 public health and environmental infrastructure 

20 wherever possible, which may include— 

21 ‘‘(i) any registry pilot projects pre22 viously supported by the Centers for Dis23 ease Control and Prevention; 

24 ‘‘(ii) the Department of Veterans Af25 fairs ALS Registry; 


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1 ‘‘(iii) the DNA and Cell Line Reposi2 tory of the National Institute of Neuro3 logical Disorders and Stroke Human Ge4 netics Resource Center at the National In5 stitutes of Health; 

6 ‘‘(iv) Agency for Toxic Substances 

7 and Disease Registry studies, including 

8 studies conducted in Illinois, Missouri, El 

9 Paso and San Antonio, Texas, and Massa10 chusetts; 

11 ‘‘(v) State-based ALS registries; 

12 ‘‘(vi) the National Vital Statistics Sys13 tem; and 

14 ‘‘(vii) any other existing or relevant 

15 databases that collect or maintain informa16 tion on those motor neuron diseases rec17 ommended by the Advisory Committee es18 tablished in subsection (b); and 

19 ‘‘(B) provide for research access to ALS 

20 data as recommended by the Advisory Com21 mittee established in subsection (b) to the ex22 tent permitted by applicable statutes and regu23 lations and in a manner that protects personal 

24 privacy consistent with applicable privacy stat25 utes and regulations. 


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1 ‘‘(2) COORDINATION WITH NIH AND DEPART2 MENT OF VETERANS AFFAIRS.—Consistent with ap3 plicable privacy statutes and regulations, the Sec4 retary shall ensure that epidemiological and other 

5 types of information obtained under subsection (a) is 

6 made available to the National Institutes of Health 

7 and the Department of Veterans Affairs. 

8 ‘‘(e) DEFINITION.—For the purposes of this section, 

9 the term ‘national voluntary health association’ means a 

10 national non-profit organization with chapters or other af11 filiated organizations in States throughout the United 

12 States with experience serving the population of individ13 uals with ALS and have demonstrated experience in ALS 

14 research, care, and patient services. 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section, 

17 $2,000,000 for fiscal year 2009, $25,000,000 for fiscal 

18 year 2010, and $16,000,000 for each of fiscal years 2011 

19 through 2013.’’. 

20 SEC. 1003. REPORT ON REGISTRIES. 

21 Not later than 18 months after the date of enactment 

22 of this Act, the Secretary of Health and Human Services 

23 shall submit to the appropriate committees of Congress 

24 a report outlining— 

25 (1) the registries currently under way; 


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1 (2) future planned registries; 

2 (3) the criteria involved in determining what 

3 registries to conduct, defer, or suspend; and 

4 (4) the scope of those registries. 

5 The report shall also include a description of the activities 

6 the Secretary undertakes to establish partnerships with re7 search and patient advocacy communities to expand reg8 istries. 

9 Subtitle B—Christoper and Dana 

10 Reeve Paralysis Act 

11 SEC. 1101. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Christopher and 

13 Dana Reeve Paralysis Act’’. 

14 PART I—PARALYSIS RESEARCH 

15 SEC. 1111. EXPANSION AND COORDINATION OF ACTIVITIES 

16 OF THE NATIONAL INSTITUTES OF HEALTH 

17 WITH RESPECT TO RESEARCH ON PARALYSIS. 

18 (a) COORDINATION.—The Director of the National 

19 Institutes of Health (referred to in this subtitle as the 

20 ‘‘Director’’), pursuant to the general authority of the Di21 rector, may develop mechanisms to coordinate the paral22 ysis research and rehabilitation activities of the Institutes 

23 and Centers of the National Institutes of Health in order 

24 to further advance such activities and avoid duplication 

25 of activities. 


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1 (b) CHRISTOPHER AND DANA REEVE PARALYSIS RE2 SEARCH CONSORTIA.— 

3 (1) IN GENERAL.—The Director may under 

4 subsection (a) make awards of grants to public or 

5 private entities to pay all or part of the cost of plan6 ning, establishing, improving, and providing basic 

7 operating support for consortia in paralysis research. 

8 The Director shall designate each consortium funded 

9 under grants as a Christopher and Dana Reeve Pa10 ralysis Research Consortium. 

11 (2) RESEARCH.—Each consortium under para12 graph (1)— 

13 (A) may conduct basic, translational and 

14 clinical paralysis research; 

15 (B) may focus on advancing treatments 

16 and developing therapies in paralysis research; 

17 (C) may focus on one or more forms of pa18 ralysis that result from central nervous system 

19 trauma or stroke; 

20 (D) may facilitate and enhance the dis21 semination of clinical and scientific findings; 

22 and 

23 (E) may replicate the findings of consortia 

24 members or other researchers for scientific and 

25 translational purposes. 


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1 (3) COORDINATION OF CONSORTIA; REPORTS.— 

2 The Director may, as appropriate, provide for the 

3 coordination of information among consortia under 

4 paragraph (1) and ensure regular communication 

5 between members of the consortia, and may require 

6 the periodic preparation of reports on the activities 

7 of the consortia and the submission of the reports to 

8 the Director. 

9 (4) ORGANIZATION OF CONSORTIA.—Each con10 sortium under paragraph (1) may use the facilities 

11 of a single lead institution, or be formed from sev12 eral cooperating institutions, meeting such require13 ments as may be prescribed by the Director. 

14 (c) PUBLIC INPUT.—The Director may provide for a 

15 mechanism to educate and disseminate information on the 

16 existing and planned programs and research activities of 

17 the National Institutes of Health with respect to paralysis 

18 and through which the Director can receive comments 

19 from the public regarding such programs and activities. 


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1 PART II—PARALYSIS REHABILITATION 

2 RESEARCH AND CARE 

3 SEC. 1121. EXPANSION AND COORDINATION OF ACTIVITIES 

4 OF THE NATIONAL INSTITUTES OF HEALTH 

5 WITH RESPECT TO RESEARCH WITH IMPLICA6 TIONS FOR ENHANCING DAILY FUNCTION 

7 FOR PERSONS WITH PARALYSIS. 

8 (a) IN GENERAL.—The Director, pursuant to the 

9 general authority of the Director, may make awards of 

10 grants to public or private entities to pay all or part of 

11 the costs of planning, establishing, improving, and pro12 viding basic operating support to multicenter networks of 

13 clinical sites that will collaborate to design clinical reha14 bilitation intervention protocols and measures of outcomes 

15 on one or more forms of paralysis that result from central 

16 nervous system trauma, disorders, or stroke, or any com17 bination of such conditions. 

18 (b) RESEARCH.—Each multicenter clinical trial net19 work may— 

20 (1) focus on areas of key scientific concern, in21 cluding— 

22 (A) improving functional mobility; 

23 (B) promoting behavioral adaptation to 

24 functional losses, especially to prevent sec25 ondary complications; 


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1 (C) assessing the efficacy and outcomes of 

2 medical rehabilitation therapies and practices 

3 and assisting technologies; 

4 (D) developing improved assistive tech5 nology to improve function and independence; 

6 and 

7 (E) understanding whole body system re8 sponses to physical impairments, disabilities, 

9 and societal and functional limitations; and 

10 (2) replicate the findings of network members 

11 for scientific and translation purposes. 

12 (c) COORDINATION OF CLINICAL TRIALS NETWORKS; 

13 REPORTS.—The Director may, as appropriate, provide for 

14 the coordination of information among networks and en15 sure regular communication between members of the net16 works, and may require the periodic preparation of reports 

17 on the activities of the networks and submission of reports 

18 to the Director. 


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1 PART III—IMPROVING QUALITY OF LIFE FOR 

2 PERSONS WITH PARALYSIS AND OTHER 

3 PHYSICAL DISABILITIES 

4 SEC. 1131. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR 

5 PERSONS WITH PARALYSIS AND OTHER 

6 PHYSICAL DISABILITIES. 

7 (a) IN GENERAL.—The Secretary of Health and 

8 Human Services (in this part referred to as the ‘‘Sec9 retary’’) may study the unique health challenges associ10 ated with paralysis and other physical disabilities and 

11 carry out projects and interventions to improve the quality 

12 of life and long-term health status of persons with paral13 ysis and other physical disabilities. The Secretary may 

14 carry out such projects directly and through awards of 

15 grants or contracts. 

16 (b) CERTAIN ACTIVITIES.—Activities under sub17 section (a) may include— 

18 (1) the development of a national paralysis and 

19 physical disability quality of life action plan, to pro20 mote health and wellness in order to enhance full 

21 participation, independent living, self-sufficiency and 

22 equality of opportunity in partnership with voluntary 

23 health agencies focused on paralysis and other phys24 ical disabilities, to be carried out in coordination 

25 with the State-based Disability and Health Program 

26 of the Centers for Disease Control and Prevention; 


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1 (2) support for programs to disseminate infor2 mation involving care and rehabilitation options and 

3 quality of life grant programs supportive of commu4 nity based programs and support systems for per5 sons with paralysis and other physical disabilities; 

6 (3) in collaboration with other centers and na7 tional voluntary health agencies, establish a popu8 lation-based database that may be used for longitu9 dinal and other research on paralysis and other dis10 abling conditions; and 

11 (4) the replication and translation of best prac12 tices and the sharing of information across States, 

13 as well as the development of comprehensive, unique 

14 and innovative programs, services, and demonstra15 tions within existing State-based disability and 

16 health programs of the Centers for Disease Control 

17 and Prevention which are designed to support and 

18 advance quality of life programs for persons living 

19 with paralysis and other physical disabilities focus20 ing on— 

21 (A) caregiver education; 

22 (B) promoting proper nutrition, increasing 

23 physical activity, and reducing tobacco use; 

24 (C) education and awareness programs for 

25 health care providers; 


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1 (D) prevention of secondary complications; 

2 (E) home and community-based interven3 tions; 

4 (F) coordinating services and removing 

5 barriers that prevent full participation and inte6 gration into the community; and 

7 (G) recognizing the unique needs of under8 served populations. 

9 (c) GRANTS.—The Secretary may award grants in ac10 cordance with the following: 

11 (1) To State and local health and disability 

12 agencies for the purpose of— 

13 (A) establishing a population-based data14 base that may be used for longitudinal and 

15 other research on paralysis and other disabling 

16 conditions; 

17 (B) developing comprehensive paralysis 

18 and other physical disability action plans and 

19 activities focused on the items listed in sub20 section (b)(4); 

21 (C) assisting State-based programs in es22 tablishing and implementing partnerships and 

23 collaborations that maximize the input and sup24 port of people with paralysis and other physical 

25 disabilities and their constituent organizations; 


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1 (D) coordinating paralysis and physical 

2 disability activities with existing State-based 

3 disability and health programs; 

4 (E) providing education and training op5 portunities and programs for health profes6 sionals and allied caregivers; and 

7 (F) developing, testing, evaluating, and 

8 replicating effective intervention programs to 

9 maintain or improve health and quality of life. 

10 (2) To private health and disability organiza11 tions for the purpose of— 

12 (A) disseminating information to the pub13 lic; 

14 (B) improving access to services for per15 sons living with paralysis and other physical 

16 disabilities and their caregivers; 

17 (C) testing model intervention programs to 

18 improve health and quality of life; and 

19 (D) coordinating existing services with 

20 State-based disability and health programs. 

21 (d) COORDINATION OF ACTIVITIES.—The Secretary 

22 shall ensure that activities under this section are coordi23 nated as appropriate with other agencies of the Depart24 ment of Health and Human Services. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out this section, there are authorized 

3 to be appropriated $25,000,000 for each of fiscal years 

4 2009 through 2012. 

5 Subtitle C—Stroke Treatment and 

6 Ongoing Prevention Act 

7 SEC. 1201. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Stroke Treatment 

9 and Ongoing Prevention Act’’. 

10 SEC. 1202. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT 

11 REGARDING STROKE PROGRAMS. 

12 (a) STROKE EDUCATION AND INFORMATION PRO13 GRAMS.—Title III of the Public Health Service Act (42 

14 U.S.C. 241 et seq.) is amended by adding at the end the 

15 following: 

16 ‘‘PART S—STROKE EDUCATION, INFORMATION, 

17 AND DATA COLLECTION PROGRAMS 

18 ‘‘SEC. 399FF. STROKE PREVENTION AND EDUCATION CAM19 PAIGN. 

20 ‘‘(a) IN GENERAL.—The Secretary shall carry out an 

21 education and information campaign to promote stroke 

22 prevention and increase the number of stroke patients who 

23 seek immediate treatment. 


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1 ‘‘(b) AUTHORIZED ACTIVITIES.—In implementing the 

2 education and information campaign under subsection (a), 

3 the Secretary may— 

4 ‘‘(1) make public service announcements about 

5 the warning signs of stroke and the importance of 

6 treating stroke as a medical emergency; 

7 ‘‘(2) provide education regarding ways to pre8 vent stroke and the effectiveness of stroke treat9 ment; and 

10 ‘‘(3) carry out other activities that the Sec11 retary determines will promote prevention practices 

12 among the general public and increase the number 

13 of stroke patients who seek immediate care. 

14 ‘‘(c) MEASUREMENTS.—In implementing the edu15 cation and information campaign under subsection (a), the 

16 Secretary shall— 

17 ‘‘(1) measure public awareness before the start 

18 of the campaign to provide baseline data that will be 

19 used to evaluate the effectiveness of the public 

20 awareness efforts; 

21 ‘‘(2) establish quantitative benchmarks to meas22 ure the impact of the campaign over time; and 

23 ‘‘(3) measure the impact of the campaign not 

24 less than once every 2 years or, if determined appro25 priate by the Secretary, at shorter intervals. 


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1 ‘‘(d) NO DUPLICATION OF EFFORT.—In carrying out 

2 this section, the Secretary shall avoid duplicating existing 

3 stroke education efforts by other Federal Government 

4 agencies. 

5 ‘‘(e) CONSULTATION.—In carrying out this section, 

6 the Secretary may consult with organizations and individ7 uals with expertise in stroke prevention, diagnosis, treat8 ment, and rehabilitation. 

9 ‘‘SEC. 399GG. PAUL COVERDELL NATIONAL ACUTE STROKE 

10 REGISTRY AND CLEARINGHOUSE. 

11 ‘‘The Secretary, acting through the Centers for Dis12 ease Control and Prevention, shall maintain the Paul 

13 Coverdell National Acute Stroke Registry and Clearing14 house by— 

15 ‘‘(1) continuing to develop and collect specific 

16 data points and appropriate benchmarks for ana17 lyzing care of acute stroke patients; 

18 ‘‘(2) collecting, compiling, and disseminating in19 formation on the achievements of, and problems ex20 perienced by, State and local agencies and private 

21 entities in developing and implementing emergency 

22 medical systems and hospital-based quality of care 

23 interventions; and 

24 ‘‘(3) carrying out any other activities the Sec25 retary determines to be useful to maintain the Paul 


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1 Coverdell National Acute Stroke Registry and Clear2 inghouse to reflect the latest advances in all forms 

3 of stroke care. 

4 ‘‘SEC. 399HH. STROKE DEFINITION. 

5 ‘‘For purposes of this part, the term ‘stroke’ means 

6 a ‘brain attack’ in which blood flow to the brain is inter7 rupted or in which a blood vessel or aneurysm in the brain 

8 breaks or ruptures. 

9 ‘‘SEC. 399II. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There is authorized to be appropriated to carry out 

11 this part $5,000,000 for each of fiscal years 2009 through 

12 2013.’’. 

13 (b) EMERGENCY MEDICAL PROFESSIONAL DEVELOP14 MENT.—Section 1251 of the Public Health Service Act 

15 (42 U.S.C. 300d–51) is amended to read as follows: 

16 ‘‘SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN AD17 VANCED STROKE AND TRAUMATIC INJURY 

18 TREATMENT AND PREVENTION. 

19 ‘‘(a) RESIDENCY AND OTHER PROFESSIONAL TRAIN20 ING.—The Secretary may make grants to public and non21 profit entities for the purpose of planning, developing, and 

22 enhancing approved residency training programs and 

23 other professional training for appropriate health profes24 sions in emergency medicine, including emergency medical 


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1 services professionals, to improve stroke and traumatic in2 jury prevention, diagnosis, treatment, and rehabilitation. 

3 ‘‘(b) CONTINUING EDUCATION ON STROKE AND

4 TRAUMATIC INJURY.— 

5 ‘‘(1) GRANTS.—The Secretary, acting through 

6 the Administrator of the Health Resources and Serv7 ices Administration, may make grants to qualified 

8 entities for the development and implementation of 

9 education programs for appropriate health care pro10 fessionals in the use of newly developed diagnostic 

11 approaches, technologies, and therapies for health 

12 professionals involved in the prevention, diagnosis, 

13 treatment, and rehabilitation of stroke or traumatic 

14 injury. 

15 ‘‘(2) DISTRIBUTION OF GRANTS.—In awarding 

16 grants under this subsection, the Secretary shall give 

17 preference to qualified entities that will train health 

18 care professionals that serve areas with a significant 

19 incidence of stroke or traumatic injuries. 

20 ‘‘(3) APPLICATION.—A qualified entity desiring 

21 a grant under this subsection shall submit to the 

22 Secretary an application at such time, in such man23 ner, and containing such information as the Sec24 retary may require, including a plan for the rigorous 


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1 evaluation of activities carried out with amounts re2 ceived under the grant. 

3 ‘‘(4) DEFINITIONS.—For purposes of this sub4 section: 

5 ‘‘(A) The term ‘qualified entity’ means a 

6 consortium of public and private entities, such 

7 as universities, academic medical centers, hos8 pitals, and emergency medical systems that are 

9 coordinating education activities among pro10 viders serving in a variety of medical settings. 

11 ‘‘(B) The term ‘stroke’ means a ‘brain at12 tack’ in which blood flow to the brain is inter13 rupted or in which a blood vessel or aneurysm 

14 in the brain breaks or ruptures. 

15 ‘‘(c) REPORT.—Not later than 1 year after the alloca16 tion of grants under this section, the Secretary shall sub17 mit to the Committee on Health, Education, Labor, and 

18 Pensions of the Senate and the Committee on Energy and 

19 Commerce of the House of Representatives a report on 

20 the results of activities carried out with amounts received 

21 under this section. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated to carry out this section 

24 $4,000,000 for each of fiscal years 2009 through 2013. 

25 The Secretary shall equitably allocate the funds authorVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ized to be appropriated under this section between efforts 

2 to address stroke and efforts to address traumatic in3 jury.’’. 

4 SEC. 1203. PILOT PROJECT ON TELEHEALTH STROKE 

5 TREATMENT. 

6 (a) ESTABLISHMENT.—Part D of title III of the Pub7 lic Health Service Act (42 U.S.C. 254b et seq.) is amended 

8 by inserting after section 330L the following: 

9 ‘‘SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT 

10 PROGRAM. 

11 ‘‘(a) GRANTS.—The Secretary may make grants to 

12 States, and to consortia of public and private entities lo13 cated in any State that is not a grantee under this section, 

14 to conduct a 5-year pilot project over the period of fiscal 

15 years 2008 through 2012 to improve stroke patient out16 comes by coordinating health care delivery through tele17 health networks. 

18 ‘‘(b) ADMINISTRATION.—The Secretary shall admin19 ister this section through the Director of the Office for 

20 the Advancement of Telehealth. 

21 ‘‘(c) CONSULTATION.—In carrying out this section, 

22 for the purpose of better coordinating program activities, 

23 the Secretary shall consult with— 

24 ‘‘(1) officials responsible for other Federal pro25 grams involving stroke research and care, including 


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1 such programs established by the Stroke Treatment 

2 and Ongoing Prevention Act; and 

3 ‘‘(2) organizations and individuals with exper4 tise in stroke prevention, diagnosis, treatment, and 

5 rehabilitation. 

6 ‘‘(d) USE OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—The Secretary may not 

8 make a grant to a State or a consortium under this 

9 section unless the State or consortium agrees to use 

10 the grant for the purpose of— 

11 ‘‘(A) identifying entities with expertise in 

12 the delivery of high-quality stroke prevention, 

13 diagnosis, treatment, and rehabilitation; 

14 ‘‘(B) working with those entities to estab15 lish or improve telehealth networks to provide 

16 stroke treatment assistance and resources to 

17 health care professionals, hospitals, and other 

18 individuals and entities that serve stroke pa19 tients; 

20 ‘‘(C) informing emergency medical systems 

21 of the location of entities identified under sub22 paragraph (A) to facilitate the appropriate 

23 transport of individuals with stroke symptoms; 


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1 ‘‘(D) establishing networks to coordinate 

2 collaborative activities for stroke prevention, di3 agnosis, treatment, and rehabilitation; 

4 ‘‘(E) improving access to high-quality 

5 stroke care, especially for populations with a 

6 shortage of stroke care specialists and popu7 lations with a high incidence of stroke; and 

8 ‘‘(F) conducting ongoing performance and 

9 quality evaluations to identify collaborative ac10 tivities that improve clinical outcomes for stroke 

11 patients. 

12 ‘‘(2) ESTABLISHMENT OF CONSORTIUM.—The 

13 Secretary may not make a grant to a State under 

14 this section unless the State agrees to establish a 

15 consortium of public and private entities, including 

16 universities and academic medical centers, to carry 

17 out the activities described in paragraph (1). 

18 ‘‘(3) PROHIBITION.—The Secretary may not 

19 make a grant under this section to a State that has 

20 an existing telehealth network that is or may be 

21 used for improving stroke prevention, diagnosis, 

22 treatment, and rehabilitation, or to a consortium lo23 cated in such a State, unless the State or consor24 tium agrees that— 


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1 ‘‘(A) the State or consortium will use an 

2 existing telehealth network to achieve the pur3 pose of the grant; and 

4 ‘‘(B) the State or consortium will not es5 tablish a separate network for such purpose. 

6 ‘‘(e) PRIORITY.—In selecting grant recipients under 

7 this section, the Secretary shall give priority to any appli8 cant that submits a plan demonstrating how the applicant, 

9 and where applicable the members of the consortium de10 scribed in subsection (d)(2), will use the grant to improve 

11 access to high-quality stroke care for populations with 

12 shortages of stroke-care specialists and populations with 

13 a high incidence of stroke. 

14 ‘‘(f) GRANT PERIOD.—The Secretary may not award 

15 a grant to a State or a consortium under this section for 

16 any period that— 

17 ‘‘(1) is greater than 3 years; or 

18 ‘‘(2) extends beyond the end of fiscal year 

19 2012. 

20 ‘‘(g) RESTRICTION ON NUMBER OF GRANTS.—In 

21 carrying out the 5-year pilot project under this section, 

22 the Secretary may not award more than 7 grants. 

23 ‘‘(h) APPLICATION.—To seek a grant under this sec24 tion, a State or a consortium of public and private entities 

25 shall submit an application to the Secretary in such form, 


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1 in such manner, and containing such information as the 

2 Secretary may require. At a minimum, the Secretary shall 

3 require each such application to outline how the State or 

4 consortium will establish baseline measures and bench5 marks to evaluate program outcomes. 

6 ‘‘(i) DEFINITION.—In this section, the term ‘stroke’ 

7 means a ‘brain attack’ in which blood flow to the brain 

8 is interrupted or in which a blood vessel or aneurysm in 

9 the brain breaks or ruptures. 

10 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 $10,000,000 for fiscal year 2009, $13,000,000 for fiscal 

13 year 2010, $15,000,000 for fiscal year 2011, $8,000,000 

14 for fiscal year 2012, and $4,000,000 for fiscal year 

15 2013.’’. 

16 (b) STUDY; REPORTS.— 

17 (1) FINAL REPORT.—Not later than March 31, 

18 2014, the Secretary of Health and Human Services 

19 shall conduct a study of the results of the telehealth 

20 stroke treatment grant program under section 330M 

21 of the Public Health Service Act (added by sub22 section (a)) and submit to the Congress a report on 

23 such results that includes the following: 


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1 (A) An evaluation of the grant program 

2 outcomes, including quantitative analysis of 

3 baseline and benchmark measures. 

4 (B) Recommendations on how to promote 

5 stroke networks in ways that improve access to 

6 clinical care in rural and urban areas and re7 duce the incidence of stroke and the debilitating 

8 and costly complications resulting from stroke. 

9 (C) Recommendations on whether similar 

10 telehealth grant programs could be used to im11 prove patient outcomes in other public health 

12 areas. 

13 (2) INTERIM REPORTS.—The Secretary of 

14 Health and Human Services may provide interim re15 ports to the Congress on the telehealth stroke treat16 ment grant program under section 330M of the 

17 Public Health Service Act (added by subsection (a)) 

18 at such intervals as the Secretary determines to be 

19 appropriate. 

20 SEC. 1204. RULE OF CONSTRUCTION. 

21 Nothing in this subtitle shall be construed to author22 ize the Secretary of Health and Human Services to estab23 lish Federal standards for the treatment of patients or the 

24 licensure of health care professionals. 


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1 Subtitle D—Melanie Blocker Stokes 

2 MOTHERS Act 

3 SEC. 1301. SHORT TITLE. 

4 This title may be cited as the ‘‘Melanie Blocker 

5 Stokes Mom’s Opportunity to Access Health, Education, 

6 Research, and Support for Postpartum Depression Act’’ 

7 or the ‘‘Melanie Blocker Stokes MOTHERS Act’’. 

8 PART I—RESEARCH ON POSTPARTUM 

9 CONDITIONS 

10 SEC. 1311. EXPANSION AND INTENSIFICATION OF ACTIVI11 TIES. 

12 (a) DEFINITIONS.—For purposes of this subtitle— 

13 (1) the term ‘‘postpartum conditions’’ means 

14 postpartum depression and postpartum psychosis; 

15 and 

16 (2) the term ‘‘Secretary’’ means the Secretary 

17 of Health and Human Services. 

18 (b) CONTINUATION OF ACTIVITIES.—The Secretary 

19 is encouraged to continue activities on postpartum condi20 tions. 

21 (c) PROGRAMS FOR POSTPARTUM CONDITIONS.—In 

22 carrying out subsection (b), the Secretary is encouraged 

23 to continue research to expand the understanding of the 

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1 tivities under such subsection shall include conducting and 

2 supporting the following: 

3 (1) Basic research concerning the etiology and 

4 causes of the conditions. 

5 (2) Epidemiological studies to address the fre6 quency and natural history of the conditions and the 

7 differences among racial and ethnic groups with re8 spect to the conditions. 

9 (3) The development of improved screening and 

10 diagnostic techniques. 

11 (4) Clinical research for the development and 

12 evaluation of new treatments. 

13 (5) Information and education programs for 

14 health care professionals and the public, which may 

15 include a coordinated national campaign to increase 

16 the awareness and knowledge of postpartum condi17 tions. Activities under such a national campaign 

18 may— 

19 (A) include public service announcements 

20 through television, radio, and other means; and 

21 (B) focus on— 

22 (i) raising awareness about screening; 

23 (ii) educating new mothers and their 

24 families about postpartum conditions to 


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1 promote earlier diagnosis and treatment; 

2 and 

3 (iii) ensuring that such education in4 cludes complete information concerning 

5 postpartum conditions, including its symp6 toms, methods of coping with the illness, 

7 and treatment resources. 

8 SEC. 1312. SENSE OF CONGRESS REGARDING LONGITU9 DINAL STUDY OF RELATIVE MENTAL HEALTH 

10 CONSEQUENCES FOR WOMEN OF RESOLVING 

11 A PREGNANCY. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that the Director of the National Institute of Mental 

14 Health may conduct a nationally representative longitu15 dinal study (during the period of fiscal years 2008 through 

16 2018) of the relative mental health consequences for 

17 women of resolving a pregnancy (intended and unin18 tended) in various ways, including carrying the pregnancy 

19 to term and parenting the child, carrying the pregnancy 

20 to term and placing the child for adoption, miscarriage, 

21 and having an abortion. This study may assess the inci22 dence, timing, magnitude, and duration of the immediate 

23 and long-term mental health consequences (positive or 

24 negative) of these pregnancy outcomes. 


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1 (b) REPORT.—Subject to the completion of the study 

2 under subsection (a), beginning not later than 5 years 

3 after the date of the enactment of this Act, and periodi4 cally thereafter for the duration of the study, such Direc5 tor may prepare and submit to the Congress reports on 

6 the findings of the study. 

7 PART II—DELIVERY OF SERVICES REGARDING 

8 POSTPARTUM CONDITIONS 

9 SEC. 1321. ESTABLISHMENT OF PROGRAM OF GRANTS. 

10 (a) IN GENERAL.—The Secretary may in accordance 

11 with this part make grants to provide for projects for the 

12 establishment, operation, and coordination of effective and 

13 cost-efficient systems for the delivery of essential services 

14 to individuals with a postpartum condition and their fami15 lies. 

16 (b) RECIPIENTS OF GRANT.—A grant under sub17 section (a) may be made to an entity only if the entity 

18 is a public or nonprofit private entity, which may include 

19 a State or local government, a public-private partnership, 

20 a recipient of a grant under the Healthy Start program 

21 under section 330H of the Public Health Service Act (42 

22 U.S.C. 254c–8), a public or nonprofit private hospital, 

23 community-based organization, hospice, ambulatory care 

24 facility, community health center, migrant health center, 

25 public housing primary care center, or homeless health 


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1 center, or any other appropriate public or nonprofit pri2 vate entity. 

3 (c) CERTAIN ACTIVITIES.—To the extent practicable 

4 and appropriate, the Secretary shall ensure that projects 

5 under subsection (a) provide education and services with 

6 respect to the diagnosis and management of postpartum 

7 conditions. Activities that the Secretary may authorize for 

8 such projects may also include the following: 

9 (1) Delivering or enhancing outpatient and 

10 home-based health and support services, including 

11 case management and comprehensive treatment 

12 services for individuals with or at risk for 

13 postpartum conditions, and delivering or enhancing 

14 support services for their families. 

15 (2) Delivering or enhancing inpatient care man16 agement services that ensure the well-being of the 

17 mother and family and the future development of 

18 the infant. 

19 (3) Improving the quality, availability, and or20 ganization of health care and support services (in21 cluding transportation services, attendant care, 

22 homemaker services, day or respite care, and pro23 viding counseling on financial assistance and insur24 ance) for individuals with a postpartum condition 

25 and support services for their families. 


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1 (4) Providing education to new mothers and, as 

2 appropriate, their families about postpartum condi3 tions to promote earlier diagnosis and treatment. 

4 Such education may include— 

5 (A) providing complete information on 

6 postpartum conditions, symptoms, methods of 

7 coping with the illness, and treatment re8 sources; and 

9 (B) in the case of a grantee that is a 

10 State, hospital, or birthing facility— 

11 (i) providing education to new moth12 ers and fathers, and other family members 

13 as appropriate, concerning postpartum 

14 conditions before new mothers leave the 

15 health facility; and 

16 (ii) ensuring that training programs 

17 regarding such education are carried out 

18 at the health facility. 

19 (d) INTEGRATION WITH OTHER PROGRAMS.—To the 

20 extent practicable and appropriate, the Secretary may in21 tegrate the program under this part with other grant pro22 grams carried out by the Secretary, including the program 

23 under section 330 of the Public Health Service Act. 


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1 SEC. 1322. CERTAIN REQUIREMENTS. 

2 A grant may be made under section 1321 only if the 

3 applicant involved makes the following agreements: 

4 (1) Not more than 5 percent of the grant will 

5 be used for administration, accounting, reporting, 

6 and program oversight functions. 

7 (2) The grant will be used to supplement and 

8 not supplant funds from other sources related to the 

9 treatment of postpartum conditions. 

10 (3) The applicant will abide by any limitations 

11 deemed appropriate by the Secretary on any charges 

12 to individuals receiving services pursuant to the 

13 grant. As deemed appropriate by the Secretary, such 

14 limitations on charges may vary based on the finan15 cial circumstances of the individual receiving serv16 ices. 

17 (4) The grant will not be expended to make 

18 payment for services authorized under section 

19 1321(a) to the extent that payment has been made, 

20 or can reasonably be expected to be made, with re21 spect to such services— 

22 (A) under any State compensation pro23 gram, under an insurance policy, or under any 

24 Federal or State health benefits program; or 

25 (B) by an entity that provides health serv26 ices on a prepaid basis. 


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1 (5) The applicant will, at each site at which the 

2 applicant provides services under section 1321(a), 

3 post a conspicuous notice informing individuals who 

4 receive the services of any Federal policies that 

5 apply to the applicant with respect to the imposition 

6 of charges on such individuals. 

7 (6) For each grant period, the applicant will 

8 submit to the Secretary a report that describes how 

9 grant funds were used during such period. 

10 SEC. 1323. TECHNICAL ASSISTANCE. 

11 The Secretary may provide technical assistance to as12 sist entities in complying with the requirements of this 

13 part in order to make such entities eligible to receive 

14 grants under section 1321. 

15 PART III—GENERAL PROVISIONS 

16 SEC. 1331. AUTHORIZATION OF APPROPRIATIONS. 

17 To carry out this subtitle and the amendments made 

18 by this subtitle, there are authorized to be appropriated, 

19 in addition to such other sums as may be available for 

20 such purpose— 

21 (1) $3,000,000 for fiscal year 2009; and 

22 (2) such sums as may be necessary for fiscal 

23 years 2010 and 2011. 


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1 SEC. 1332. REPORT BY THE SECRETARY. 

2 (a) STUDY.—The Secretary shall conduct a study on 

3 the benefits of screening for postpartum conditions. 

4 (b) REPORT.—Not later than 2 years after the date 

5 of the enactment of this Act, the Secretary shall complete 

6 the study required by subsection (a) and submit a report 

7 to the Congress on the results of such study. 

8 SEC. 1333. LIMITATION. 

9 Notwithstanding any other provision of this subtitle, 

10 the Secretary may not utilize amounts made available 

11 under subtitle to carry out activities or programs that are 

12 duplicative of activities or programs that are currently 

13 being carried out through the Department of Health and 

14 Human Services. 

15 Subtitle E—Vision Care for Kids 

16 Act of 2008 

17 SEC. 1401. SHORT TITLE. 

18 The subtitle may be cited as the ‘‘Vision Care for 

19 Kids Act of 2008’’. 

20 SEC. 1402. FINDINGS. 

21 Congress makes the following findings: 

22 (1) Millions of children in the United States 

23 suffer from vision problems, many of which go unde24 tected. Because children with vision problems can 

25 struggle developmentally, resulting in physical, emo26 tional, and social consequences, good vision is essenVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 tial for proper physical development and educational 

2 progress. 

3 (2) Vision problems in children range from 

4 common conditions such as refractive errors, ambly5 opia, strabismus, ocular trauma, and infections, to 

6 rare but potentially life- or sight-threatening prob7 lems such as retinoblastoma, infantile cataracts, con8 genital glaucoma, and genetic or metabolic diseases 

9 of the eye. 

10 (3) Since many serious ocular conditions are 

11 treatable if identified in the preschool and early 

12 school-age years, early detection provides the best 

13 opportunity for effective treatment and can have far14 reaching implications for vision. 

15 (4) Various identification methods, including vi16 sion screening and comprehensive eye examinations 

17 required by State laws, can be helpful in identifying 

18 children needing services. A child identified as need19 ing services through vision screening should receive 

20 a comprehensive eye examination followed by subse21 quent treatment as needed. Any child identified as 

22 needing services should have access to subsequent 

23 treatment as needed. 

24 (5) There is a need to increase public awareness 

25 about the prevalence and devastating consequences 


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1 of vision disorders in children and to educate the 

2 public and health care providers about the warning 

3 signs and symptoms of ocular and vision disorders 

4 and the benefits of early detection, evaluation, and 

5 treatment. 

6 SEC. 1403. GRANTS REGARDING VISION CARE FOR CHIL7 DREN. 

8 (a) IN GENERAL.—The Secretary of Health and 

9 Human Services (referred to in this section as the ‘‘Sec10 retary’’), acting through the Director of the Centers for 

11 Disease Control and Prevention, may award grants to 

12 States on the basis of an established review process for 

13 the purpose of complementing existing State efforts for— 

14 (1) providing comprehensive eye examinations 

15 by a licensed optometrist or ophthalmologist for chil16 dren who have been previously identified through a 

17 vision screening or eye examination by a licensed 

18 health care provider or vision screener as needing 

19 such services, with priority given to children who are 

20 under the age of 9 years; 

21 (2) providing treatment or services, subsequent 

22 to the examinations described in paragraph (1), nec23 essary to correct vision problems; and 

24 (3) developing and disseminating, to parents, 

25 teachers, and health care practitioners, educational 


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1 materials on recognizing signs of visual impairment 

2 in children. 

3 (b) CRITERIA AND COORDINATION.— 

4 (1) CRITERIA.—The Secretary, in consultation 

5 with appropriate professional and patient organiza6 tions including individuals with knowledge of age ap7 propriate vision services, shall develop criteria— 

8 (A) governing the operation of the grant 

9 program under subsection (a); and 

10 (B) for the collection of data related to vi11 sion assessment and the utilization of follow-up 

12 services. 

13 (2) COORDINATION.—The Secretary shall, as 

14 appropriate, coordinate the program under sub15 section (a) with the program under section 330 of 

16 the Public Health Service Act (relating to health 

17 centers) (42 U.S.C. 254b), the program under title 

18 XIX of the Social Security Act (relating to the Med19 icaid program) (42 U.S.C. 1396 et seq.), the pro20 gram under title XXI of such Act (relating to the 

21 State children’s health insurance program) (42 

22 U.S.C. 1397aa et seq.), and with other Federal or 

23 State programs that provide services to children. 

24 (c) APPLICATION.—To be eligible to receive a grant 

25 under subsection (a), a State shall submit to the Secretary 


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1 an application in such form, made in such manner, and 

2 containing such information as the Secretary may require, 

3 including— 

4 (1) information on existing Federal, Federal5 State, or State-funded children’s vision programs; 

6 (2) a plan for the use of grant funds, including 

7 how funds will be used to complement existing State 

8 efforts (including possible partnerships with non9 profit entities); 

10 (3) a plan to determine if a grant eligible child 

11 has been identified as provided for in subsection (a); 

12 and 

13 (4) a description of how funds will be used to 

14 provide items or services, only as a secondary 

15 payer— 

16 (A) for an eligible child, to the extent that 

17 the child is not covered for the items or services 

18 under any State compensation program, under 

19 an insurance policy, or under any Federal or 

20 State health benefits program; or 

21 (B) for an eligible child, to the extent that 

22 the child receives the items or services from an 

23 entity that provides health services on a prepaid 

24 basis. 


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1 (d) EVALUATIONS.—To be eligible to receive a grant 

2 under subsection (a), a State shall agree that, not later 

3 than 1 year after the date on which amounts under the 

4 grant are first received by the State, and annually there5 after while receiving amounts under the grant, the State 

6 will submit to the Secretary an evaluation of the oper7 ations and activities carried out under the grant, includ8 ing— 

9 (1) an assessment of the utilization of vision 

10 services and the status of children receiving these 

11 services as a result of the activities carried out 

12 under the grant; 

13 (2) the collection, analysis, and reporting of 

14 children’s vision data according to guidelines pre15 scribed by the Secretary; and 

16 (3) such other information as the Secretary 

17 may require. 

18 (e) LIMITATIONS IN EXPENDITURE OF GRANT.—A 

19 grant may be made under subsection (a) only if the State 

20 involved agrees that the State will not expend more than 

21 20 percent of the amount received under the grant to 

22 carry out the purpose described in paragraph (3) of such 

23 subsection. 

24 (f) MATCHING FUNDS.— 


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1 (1) IN GENERAL.—With respect to the costs of 

2 the activities to be carried out with a grant under 

3 subsection (a), a condition for the receipt of the 

4 grant is that the State involved agrees to make 

5 available (directly or through donations from public 

6 or private entities) non-Federal contributions toward 

7 such costs in an amount that is not less than 25 

8 percent of such costs. 

9 (2) DETERMINATION OF AMOUNT CONTRIB10 UTED.—Non-Federal contributions required in para11 graph (1) may be in cash or in kind, fairly evalu12 ated, including plant, equipment, or services. 

13 Amounts provided by the Federal Government, or 

14 services assisted or subsidized to any significant ex15 tent by the Federal Government, may not be in16 cluded in determining the amount of such non-Fed17 eral contributions. 

18 (g) DEFINITION.—For purposes of this section, the 

19 term ‘‘comprehensive eye examination’’ includes an assess20 ment of a patient’s history, general medical observation, 

21 external and ophthalmoscopic examination, visual acuity, 

22 ocular alignment and motility, refraction, and as appro23 priate, binocular vision or gross visual fields, performed 

24 by an optometrist or an ophthalmologist. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—For the 

2 purpose of carrying out this section, there is authorized 

3 to be appropriated $65,000,000 for the period of fiscal 

4 years 2009 through 2013. 

5 Subtitle F—Prenatally and 

6 Postnatally Diagnosed Condi7 tions Awareness Act 

8 SEC. 1501. SHORT TITLE. 

9 This subtitle may be cited As the ‘‘Prenatally and 

10 Postnatally Diagnosed Conditions Awareness Act’’. 

11 SEC. 1502. PURPOSES. 

12 It is the purpose of this subtitle to— 

13 (1) increase patient referrals to providers of key 

14 support services for women who have received a 

15 positive diagnosis for Down syndrome, or other pre16 natally or postnatally diagnosed conditions, as well 

17 as to provide up-to-date information on the range of 

18 outcomes for individuals living with the diagnosed 

19 condition, including physical, developmental, edu20 cational, and psychosocial outcomes; 

21 (2) strengthen existing networks of support 

22 through the Centers for Disease Control and Preven23 tion, the Health Resources and Services Administra24 tion, and other patient and provider outreach pro25 grams; and 


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1 (3) ensure that patients receive up-to-date, evi2 dence-based information about the accuracy of the 

3 test. 

4 SEC. 1503. AMENDMENT TO THE PUBLIC HEALTH SERVICE 

5 ACT. 

6 Part P of title III of the Public Health Service Act 

7 (42 U.S.C. 280g et seq.), as amended by section 1002, 

8 is further amended by adding at the end the following: 

9 ‘‘SEC. 399S. SUPPORT FOR PATIENTS RECEIVING A POSI10 TIVE DIAGNOSIS OF DOWN SYNDROME OR 

11 OTHER PRENATALLY OR POSTNATALLY DIAG12 NOSED CONDITIONS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) DOWN SYNDROME.—The term ‘Down syn15 drome’ refers to a chromosomal disorder caused by 

16 an error in cell division that results in the presence 

17 of an extra whole or partial copy of chromosome 21. 

18 ‘‘(2) HEALTH CARE PROVIDER.—The term 

19 ‘health care provider’ means any person or entity re20 quired by State or Federal law or regulation to be 

21 licensed, registered, or certified to provide health 

22 care services, and who is so licensed, registered, or 

23 certified. 

24 ‘‘(3) POSTNATALLY DIAGNOSED CONDITION.— 

25 The term ‘postnatally diagnosed condition’ means 


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1 any health condition identified during the 12-month 

2 period beginning at birth. 

3 ‘‘(4) PRENATALLY DIAGNOSED CONDITION.— 

4 The term ‘prenatally diagnosed condition’ means any 

5 fetal health condition identified by prenatal genetic 

6 testing or prenatal screening procedures. 

7 ‘‘(5) PRENATAL TEST.—The term ‘prenatal 

8 test’ means diagnostic or screening tests offered to 

9 pregnant women seeking routine prenatal care that 

10 are administered on a required or recommended 

11 basis by a health care provider based on medical his12 tory, family background, ethnic background, pre13 vious test results, or other risk factors. 

14 ‘‘(b) INFORMATION AND SUPPORT SERVICES.— 

15 ‘‘(1) IN GENERAL.—The Secretary, acting 

16 through the Director of the National Institutes of 

17 Health, the Director of the Centers for Disease Con18 trol and Prevention, or the Administrator of the 

19 Health Resources and Services Administration, may 

20 authorize and oversee certain activities, including the 

21 awarding of grants, contracts or cooperative agree22 ments to eligible entities, to— 

23 ‘‘(A) collect, synthesize, and disseminate 

24 current evidence-based information relating to 


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1 Down syndrome or other prenatally or 

2 postnatally diagnosed conditions; and 

3 ‘‘(B) coordinate the provision of, and ac4 cess to, new or existing supportive services for 

5 patients receiving a positive diagnosis for Down 

6 syndrome or other prenatally or postnatally di7 agnosed conditions, including— 

8 ‘‘(i) the establishment of a resource 

9 telephone hotline accessible to patients re10 ceiving a positive test result or to the par11 ents of newly diagnosed infants with Down 

12 syndrome and other diagnosed conditions; 

13 ‘‘(ii) the expansion and further devel14 opment of the National Dissemination 

15 Center for Children with Disabilities, so 

16 that such Center can more effectively con17 duct outreach to new and expecting par18 ents and provide them with up-to-date in19 formation on the range of outcomes for in20 dividuals living with the diagnosed condi21 tion, including physical, developmental, 

22 educational, and psychosocial outcomes; 

23 ‘‘(iii) the expansion and further devel24 opment of national and local peer-support 

25 programs, so that such programs can more 


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1 effectively serve women who receive a posi2 tive diagnosis for Down syndrome or other 

3 prenatal conditions or parents of infants 

4 with a postnatally diagnosed condition; 

5 ‘‘(iv) the establishment of a national 

6 registry, or network of local registries, of 

7 families willing to adopt newborns with 

8 Down syndrome or other prenatally or 

9 postnatally diagnosed conditions, and links 

10 to adoption agencies willing to place babies 

11 with Down syndrome or other prenatally or 

12 postnatally diagnosed conditions, with fam13 ilies willing to adopt; and 

14 ‘‘(v) the establishment of awareness 

15 and education programs for health care 

16 providers who provide, interpret, or inform 

17 parents of the results of prenatal tests for 

18 Down syndrome or other prenatally or 

19 postnatally diagnosed conditions, to pa20 tients, consistent with the purpose de21 scribed in section 2(b)(1) of the Prenatally 

22 and Postnatally Diagnosed Conditions 

23 Awareness Act. 

24 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

25 term ‘eligible entity’ means— 


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1 ‘‘(A) a State or a political subdivision of a 

2 State; 

3 ‘‘(B) a consortium of 2 or more States or 

4 political subdivisions of States; 

5 ‘‘(C) a territory; 

6 ‘‘(D) a health facility or program operated 

7 by or pursuant to a contract with or grant from 

8 the Indian Health Service; or 

9 ‘‘(E) any other entity with appropriate ex10 pertise in prenatally and postnatally diagnosed 

11 conditions (including nationally recognized dis12 ability groups), as determined by the Secretary. 

13 ‘‘(3) DISTRIBUTION.—In distributing funds 

14 under this subsection, the Secretary shall place an 

15 emphasis on funding partnerships between health 

16 care professional groups and disability advocacy or17 ganizations. 

18 ‘‘(c) PROVISION OF INFORMATION TO PROVIDERS.— 

19 ‘‘(1) IN GENERAL.—A grantee under this sec20 tion shall make available to health care providers of 

21 parents who receive a prenatal or postnatal diag22 nosis the following: 

23 ‘‘(A) Up-to-date, evidence-based, written 

24 information concerning the range of outcomes 

25 for individuals living with the diagnosed condiVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 tion, including physical, developmental, edu2 cational, and psychosocial outcomes. 

3 ‘‘(B) Contact information regarding sup4 port services, including information hotlines 

5 specific to Down syndrome or other prenatally 

6 or postnatally diagnosed conditions, resource 

7 centers or clearinghouses, national and local 

8 peer support groups, and other education and 

9 support programs as described in subsection 

10 (b)(2). 

11 ‘‘(2) INFORMATIONAL REQUIREMENTS.—Infor12 mation provided under this subsection shall be— 

13 ‘‘(A) culturally and linguistically appro14 priate as needed by women receiving a positive 

15 prenatal diagnosis or the family of infants re16 ceiving a postnatal diagnosis; and 

17 ‘‘(B) approved by the Secretary. 

18 ‘‘(d) REPORT.—Not later than 2 years after the date 

19 of enactment of this section, the Government Account20 ability Office shall submit a report to Congress concerning 

21 the effectiveness of current healthcare and family support 

22 programs serving as resources for the families of children 

23 with disabilities.’’. 


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1 TITLE II—JUDICIARY 

2 PROVISIONS 

3 Subtitle A—Reconnecting Homeless 

4 Youth Act of 2008 

5 SEC. 2101. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Reconnecting 

7 Homeless Youth Act of 2008’’. 

8 SEC. 2102. FINDINGS. 

9 Section 302 of the Runaway and Homeless Youth Act 

10 (42 U.S.C. 5701) is amended— 

11 (1) by redesignating paragraphs (3), (4), and 

12 (5) as paragraphs (4), (5), and (6), respectively; and 

13 (2) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) services to such young people should be de16 veloped and provided using a positive youth develop17 ment approach that ensures a young person a sense 

18 of— 

19 ‘‘(A) safety and structure; 

20 ‘‘(B) belonging and membership; 

21 ‘‘(C) self-worth and social contribution; 

22 ‘‘(D) independence and control over one’s 

23 life; and 

24 ‘‘(E) closeness in interpersonal relation25 ships.’’. 


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1 SEC. 2103. BASIC CENTER PROGRAM. 

2 (a) SERVICES PROVIDED.—Section 311 of the Run3 away and Homeless Youth Act (42 U.S.C. 5711) is 

4 amended— 

5 (1) in subsection (a)(2)(B), by striking clause 

6 (i) and inserting the following: 

7 ‘‘(i) safe and appropriate shelter pro8 vided for not to exceed 21 days; and’’; and 

9 (2) in subsection (b)(2)— 

10 (A) by striking ‘‘(2) The’’ and inserting 

11 ‘‘(2)(A) Except as provided in subparagraph 

12 (B), the’’; 

13 (B) by striking ‘‘$100,000’’ and inserting 

14 ‘‘$200,000’’; 

15 (C) by striking ‘‘$45,000’’ and inserting 

16 ‘‘$70,000’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(B) For fiscal years 2009 and 2010, the amount al19 lotted under paragraph (1) with respect to a State for a 

20 fiscal year shall be not less than the amount allotted under 

21 paragraph (1) with respect to such State for fiscal year 

22 2008. 

23 ‘‘(C) Whenever the Secretary determines that any 

24 part of the amount allotted under paragraph (1) to a State 

25 for a fiscal year will not be obligated before the end of 


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1 the fiscal year, the Secretary shall reallot such part to the 

2 remaining States for obligation for the fiscal year.’’. 

3 (b) ELIGIBILITY.—Section 312(b) of the Runaway 

4 and Homeless Youth Act (42 U.S.C. 5712(b)) is amend5 ed— 

6 (1) in paragraph (11), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (12), by striking the period 

9 and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(13) shall develop an adequate emergency pre12 paredness and management plan.’’. 

13 SEC. 2104. TRANSITIONAL LIVING GRANT PROGRAM. 

14 (a) ELIGIBILITY.—Section 322(a) of the Runaway 

15 and Homeless Youth Act (42 U.S.C. 5714–2(a)) is amend16 ed— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘directly or indirectly’’ and 

19 inserting ‘‘by grant, agreement, or contract’’; 

20 and 

21 (B) by striking ‘‘services’’ the first place it 

22 appears and inserting ‘‘provide, by grant, agree23 ment, or contract, services,’’; 

24 (2) in paragraph (2), by striking ‘‘a continuous 

25 period not to exceed 540 days, except that’’ and all 


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1 that follows and inserting the following: ‘‘a contin2 uous period not to exceed 635 days, except that a 

3 youth in a program under this part who has not 

4 reached 18 years of age on the last day of the 635- 

5 day period may, if otherwise qualified for the pro6 gram, remain in the program until the youth’s 18th 

7 birthday;’’; 

8 (3) in paragraph (14), by striking ‘‘and’’ at the 

9 end; 

10 (4) in paragraph (15), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (5) by adding at the end the following: 

13 ‘‘(16) to develop an adequate emergency pre14 paredness and management plan.’’. 

15 SEC. 2105. GRANTS FOR RESEARCH EVALUATION, DEM16 ONSTRATION, AND SERVICE PROJECTS. 

17 Section 343 of the Runaway and Homeless Youth Act 

18 (42 U.S.C. 5714–23) is amended— 

19 (1) in subsection (b)— 

20 (A) in the matter preceding paragraph (1), 

21 by striking ‘‘special consideration’’ and insert22 ing ‘‘priority’’; 

23 (B) in paragraph (8)— 

24 (i) by striking ‘‘to health’’ and insert25 ing ‘‘to quality health’’; 


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1 (ii) by striking ‘‘mental health care’’ 

2 and inserting ‘‘behavioral health care’’; and 

3 (iii) by striking ‘‘and’’ at the end; 

4 (C) in paragraph (9), by striking the pe5 riod at the end and inserting ‘‘, including access 

6 to educational and workforce programs to 

7 achieve outcomes such as decreasing secondary 

8 school dropout rates, increasing rates of attain9 ing a secondary school diploma or its recognized 

10 equivalent, or increasing placement and reten11 tion in postsecondary education or advanced 

12 workforce training programs; and’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(10) providing programs, including innovative 

15 programs, that assist youth in obtaining and main16 taining safe and stable housing, and which may in17 clude programs with supportive services that con18 tinue after the youth complete the remainder of the 

19 programs.’’; and 

20 (2) by striking subsection (c) and inserting the 

21 following: 

22 ‘‘(c) In selecting among applicants for grants under 

23 subsection (a), the Secretary shall— 

24 ‘‘(1) give priority to applicants who have experi25 ence working with runaway or homeless youth; and 


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1 ‘‘(2) ensure that the applicants selected— 

2 ‘‘(A) represent diverse geographic regions 

3 of the United States; and 

4 ‘‘(B) carry out projects that serve diverse 

5 populations of runaway or homeless youth.’’. 

6 SEC. 2106. COORDINATING, TRAINING, RESEARCH, AND 

7 OTHER ACTIVITIES. 

8 Part D of the Runaway and Homeless Youth Act (42 

9 U.S.C. 5714–21 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVA12 LENCE OF YOUTH HOMELESSNESS. 

13 ‘‘(a) PERIODIC ESTIMATE.—Not later than 2 years 

14 after the date of enactment of the Reconnecting Homeless 

15 Youth Act of 2008, and at 5-year intervals thereafter, the 

16 Secretary, in consultation with the United States Inter17 agency Council on Homelessness, shall prepare and submit 

18 to the Committee on Education and Labor of the House 

19 of Representatives and the Committee on the Judiciary 

20 of the Senate, and make available to the public, a report— 

21 ‘‘(1) by using the best quantitative and quali22 tative social science research methods available, con23 taining an estimate of the incidence and prevalence 

24 of runaway and homeless individuals who are not 


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1 less than 13 years of age but are less than 26 years 

2 of age; and 

3 ‘‘(2) that includes with such estimate an assess4 ment of the characteristics of such individuals. 

5 ‘‘(b) CONTENT.—The report required by subsection 

6 (a) shall include— 

7 ‘‘(1) the results of conducting a survey of, and 

8 direct interviews with, a representative sample of 

9 runaway and homeless individuals who are not less 

10 than 13 years of age but are less than 26 years of 

11 age, to determine past and current— 

12 ‘‘(A) socioeconomic characteristics of such 

13 individuals; and 

14 ‘‘(B) barriers to such individuals obtain15 ing— 

16 ‘‘(i) safe, quality, and affordable hous17 ing; 

18 ‘‘(ii) comprehensive and affordable 

19 health insurance and health services; and 

20 ‘‘(iii) incomes, public benefits, sup21 portive services, and connections to caring 

22 adults; and 

23 ‘‘(2) such other information as the Secretary 

24 determines, in consultation with States, units of 

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1 ganizations concerned with homelessness, may be 

2 useful. 

3 ‘‘(c) IMPLEMENTATION.—If the Secretary enters into 

4 any contract with a non-Federal entity for purposes of car5 rying out subsection (a), such entity shall be a nongovern6 mental organization, or an individual, determined by the 

7 Secretary to have appropriate expertise in quantitative 

8 and qualitative social science research.’’. 

9 SEC. 2107. SEXUAL ABUSE PREVENTION PROGRAM. 

10 Section 351(b) of the Runaway and Homeless Youth 

11 Act (42 U.S.C. 5714–41(b)) is amended by inserting 

12 ‘‘public and’’ after ‘‘priority to’’. 

13 SEC. 2108. NATIONAL HOMELESS YOUTH AWARENESS CAM14 PAIGN. 

15 The Runaway and Homeless Youth Act (42 U.S.C. 

16 5701 et seq.) is amended— 

17 (1) by redesignating part F as part G; and 

18 (2) by inserting after part E the following: 

19 ‘‘PART F—NATIONAL HOMELESS YOUTH 

20 AWARENESS CAMPAIGN 

21 ‘‘SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAM22 PAIGN. 

23 ‘‘(a) IN GENERAL.—The Secretary shall, directly or 

24 through grants or contracts, conduct a national homeless 

25 youth awareness campaign (referred to in this section as 


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1 the ‘national awareness campaign’) in accordance with 

2 this section for purposes of— 

3 ‘‘(1) increasing awareness of individuals of all 

4 ages, socioeconomic backgrounds, and geographic lo5 cations, of the issues facing runway and homeless 

6 youth, the resources available for these youth, and 

7 the tools available for the prevention of runaway and 

8 homeless youth situations; and 

9 ‘‘(2) encouraging parents, guardians, educators, 

10 health care professionals, social service professionals, 

11 law enforcement officials, and other community 

12 members to seek to prevent runaway youth and 

13 youth homelessness by assisting youth in averting or 

14 resolving runaway and homeless youth situations. 

15 ‘‘(b) USE OF FUNDS.—Funds made available to carry 

16 out this section for the national awareness campaign may 

17 be used only for the following: 

18 ‘‘(1) The dissemination of educational informa19 tion and materials through various media, including 

20 television, radio, the Internet and related tech21 nologies, and emerging technologies. 

22 ‘‘(2) Partnerships, including outreach activities, 

23 with national organizations concerned with youth 

24 homelessness, community-based youth service orga25 nizations (including faith-based organizations), and 


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1 government organizations, related to the national 

2 awareness campaign. 

3 ‘‘(3) In accordance with applicable laws (includ4 ing regulations), the development and placement of 

5 public service announcements, in telecommunications 

6 media, including the Internet and related tech7 nologies and emerging technologies, that educate the 

8 public on— 

9 ‘‘(A) the issues facing runaway and home10 less youth (or youth considering running away); 

11 and 

12 ‘‘(B) the opportunities that adults have to 

13 assist youth described in subparagraph (A). 

14 ‘‘(4) Evaluation of the effectiveness of the na15 tional awareness campaign. 

16 ‘‘(c) PROHIBITIONS.—None of the funds made avail17 able under section 388(a)(5) may be obligated or expended 

18 for any of the following: 

19 ‘‘(1) For activities that supplant pro bono pub20 lic service time donated by national or local broad21 casting networks, advertising agencies, or production 

22 companies, or supplant other pro bono work for the 

23 national awareness campaign. 

24 ‘‘(2) For partisan political purposes, or express 

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1 tified candidate, clearly identified ballot initiative, or 

2 clearly identified legislative or regulatory proposal. 

3 ‘‘(3) To fund advertising that features any per4 son seeking elected office. 

5 ‘‘(4) To fund advertising that does not contain 

6 a primary message intended to educate the public 

7 on— 

8 ‘‘(A) the issues facing runaway and home9 less youth (or youth considering running away); 

10 and 

11 ‘‘(B) on the opportunities that adults have 

12 to help youth described in subparagraph (A). 

13 ‘‘(5) To fund advertising that solicits contribu14 tions to support the national awareness campaign. 

15 ‘‘(d) FINANCIAL AND PERFORMANCE ACCOUNT16 ABILITY.—The Secretary shall perform— 

17 ‘‘(1) audits and reviews of costs of the national 

18 awareness campaign, pursuant to section 304C of 

19 the Federal Property and Administrative Services 

20 Act of 1949 (41 U.S.C. 254d); and 

21 ‘‘(2) an audit to determine whether the costs of 

22 the national awareness campaign are allowable 

23 under section 306 of such Act (41 U.S.C. 256). 

24 ‘‘(e) REPORT.—The Secretary shall include in each 

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1 mation about the national awareness campaign that de2 scribes— 

3 ‘‘(1) the activities undertaken by the national 

4 awareness campaign; 

5 ‘‘(2) steps taken to ensure that the national 

6 awareness campaign operates in an effective and ef7 ficient manner consistent with the overall strategy 

8 and focus of the national awareness campaign; and 

9 ‘‘(3) each grant made to, or contract entered 

10 into with, a particular corporation, partnership, or 

11 individual working on the national awareness cam12 paign.’’. 

13 SEC. 2109. CONFORMING AMENDMENTS. 

14 (a) REPORTS.—Section 382(a) of the Runaway and 

15 Homeless Youth Act (42 U.S.C. 5715(a)) is amended by 

16 striking ‘‘, and E’’ and inserting ‘‘, E, and F’’. 

17 (b) CONSOLIDATED REVIEW.—Section 385 of the 

18 Runaway and Homeless Youth Act (42 U.S.C. 5731a) is 

19 amended by striking ‘‘, and E’’ and inserting ‘‘, E, and 

20 F’’. 

21 (c) EVALUATION AND INFORMATION.—Section 

22 386(a) of the Runaway and Homeless Youth Act (42 

23 U.S.C. 5732(a)) is amended by striking ‘‘, or E’’ and in24 serting ‘‘, E, or F’’. 


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1 SEC. 2110. PERFORMANCE STANDARDS. 

2 Part G of the Runaway and Homeless Youth Act (42 

3 U.S.C. 5714a et seq.), as redesignated by section 2108, 

4 is amended by inserting after section 386 the following: 

5 ‘‘SEC. 386A. PERFORMANCE STANDARDS. 

6 ‘‘(a) ESTABLISHMENT OF PERFORMANCE STAND7 ARDS.—Not later than 1 year after the date of enactment 

8 of the Reconnecting Homeless Youth Act of 2008, the Sec9 retary shall issue rules that specify performance standards 

10 for public and nonprofit private entities and agencies that 

11 receive grants under sections 311, 321, and 351. 

12 ‘‘(b) CONSULTATION.—The Secretary shall consult 

13 with representatives of public and nonprofit private enti14 ties and agencies that receive grants under this title, in15 cluding statewide and regional nonprofit organizations (in16 cluding combinations of such organizations) that receive 

17 grants under this title, and national nonprofit organiza18 tions concerned with youth homelessness, in developing 

19 the performance standards required by subsection (a). 

20 ‘‘(c) IMPLEMENTATION OF PERFORMANCE STAND21 ARDS.—The Secretary shall integrate the performance 

22 standards into the processes of the Department of Health 

23 and Human Services for grantmaking, monitoring, and 

24 evaluation for programs under sections 311, 321, and 

25 351.’’. 


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1 SEC. 2111. GOVERNMENT ACCOUNTABILITY OFFICE STUDY 

2 AND REPORT. 

3 (a) STUDY.— 

4 (1) IN GENERAL.—The Comptroller General of 

5 the United States shall conduct a study, including 

6 making findings and recommendations, relating to 

7 the processes for making grants under parts A, B, 

8 and E of the Runaway and Homeless Youth Act (42 

9 U.S.C. 5711 et seq., 5714–1 et seq., 5714–41). 

10 (2) SUBJECTS.—In particular, the Comptroller 

11 General shall study— 

12 (A) the Secretary’s written responses to 

13 and other communications with applicants who 

14 do not receive grants under part A, B, or E of 

15 such Act, to determine if the information pro16 vided in the responses and communications is 

17 conveyed clearly; 

18 (B) the content and structure of the grant 

19 application documents, and of other associated 

20 documents (including grant announcements), to 

21 determine if the requirements of the applica22 tions and other associated documents are pre23 sented and structured in a way that gives an 

24 applicant a clear understanding of the informa25 tion that the applicant must provide in each 

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1 plete it, and a clear understanding of the termi2 nology used throughout the application and 

3 other associated documents; 

4 (C) the peer review process for applications 

5 for the grants, including the selection of peer 

6 reviewers, the oversight of the process by staff 

7 of the Department of Health and Human Serv8 ices, and the extent to which such staff make 

9 funding determinations based on the comments 

10 and scores of the peer reviewers; 

11 (D) the typical timeframe, and the process 

12 and responsibilities of such staff, for responding 

13 to applicants for the grants, and the efforts 

14 made by such staff to communicate with the ap15 plicants when funding decisions or funding for 

16 the grants is delayed, such as when funding is 

17 delayed due to funding of a program through 

18 appropriations made under a continuing resolu19 tion; and 

20 (E) the plans for implementation of, and 

21 the implementation of, where practicable, the 

22 technical assistance and training programs car23 ried out under section 342 of the Runaway and 

24 Homeless Youth Act (42 U.S.C. 5714–22), and 


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1 the effect of such programs on the application 

2 process for the grants. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Comptroller General shall 

5 prepare and submit to the Committee on Education and 

6 Labor of the House of Representatives and the Committee 

7 on the Judiciary of the Senate a report containing the 

8 findings and recommendations resulting from the study. 

9 SEC. 2112. DEFINITIONS. 

10 (a) HOMELESS YOUTH.—Section 387(3) of the Run11 away and Homeless Youth Act (42 U.S.C. 5732a(3)) is 

12 amended— 

13 (1) in the matter preceding subparagraph (A), 

14 by striking ‘‘The’’ and all that follows through 

15 ‘‘means’’ and inserting ‘‘The term ‘homeless’, used 

16 with respect to a youth, means’’; and 

17 (2) in subparagraph (A)— 

18 (A) in clause (i)— 

19 (i) by striking ‘‘not more than’’ each 

20 place it appears and inserting ‘‘less than’’; 

21 and 

22 (ii) by inserting after ‘‘age’’ the last 

23 place it appears the following: ‘‘, or is less 

24 than a higher maximum age if the State 

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1 ble State or local law (including a regula2 tion) that permits such higher maximum 

3 age in compliance with licensure require4 ments for child-and youth-serving facili5 ties’’; and 

6 (B) in clause (ii), by striking ‘‘age;’’ and 

7 inserting the following: ‘‘age and either— 

8 ‘‘(I) less than 22 years of age; or 

9 ‘‘(II) not less than 22 years of 

10 age, as of the expiration of the max11 imum period of stay permitted under 

12 section 322(a)(2) if such individual 

13 commences such stay before reaching 

14 22 years of age;’’. 

15 (b) RUNAWAY YOUTH.—Section 387 of the Runaway 

16 and Homeless Youth Act (42 U.S.C. 5732a) is amended— 

17 (1) by redesignating paragraphs (4), (5), (6), 

18 and (7) as paragraphs (5), (6), (7), and (8), respec19 tively; and 

20 (2) by inserting after paragraph (3) the fol21 lowing: 

22 ‘‘(4) RUNAWAY YOUTH.—The term ‘runaway’, 

23 used with respect to a youth, means an individual 

24 who is less than 18 years of age and who absents 

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1 dence without the permission of a parent or legal 

2 guardian.’’. 

3 SEC. 2113. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 388(a) of the Runaway and Homeless Youth 

5 Act (42 U.S.C. 5751(a)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘is authorized’’ and insert8 ing ‘‘are authorized’’; 

9 (B) by striking ‘‘part E) $105,000,000 for 

10 fiscal year 2004’’ and inserting ‘‘section 345 

11 and parts E and F) $150,000,000 for fiscal 

12 year 2009’’; and 

13 (C) by striking ‘‘2005, 2006, 2007, and 

14 2008’’ and inserting ‘‘2010, 2011, 2012, and 

15 2013’’; 

16 (2) in paragraph (3)— 

17 (A) by striking ‘‘In’’ and inserting the fol18 lowing: 

19 ‘‘(A) IN GENERAL.—In’’; 

20 (B) by inserting ‘‘(other than section 

21 345)’’ before the period; and 

22 (C) by adding at the end the following: 

23 ‘‘(B) PERIODIC ESTIMATE.—There are au24 thorized to be appropriated to carry out section 


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1 345 such sums as may be necessary for fiscal 

2 years 2009, 2010, 2011, 2012, and 2013.’’; 

3 (3) in paragraph (4)— 

4 (A) by striking ‘‘is authorized’’ and insert5 ing ‘‘are authorized’’; and 

6 (B) by striking ‘‘such sums as may be nec7 essary for fiscal years 2004, 2005, 2006, 2007, 

8 and 2008’’ and inserting ‘‘$30,000,000 for fis9 cal year 2009 and such sums as may be nec10 essary for fiscal years 2010, 2011, 2012, and 

11 2013’’; and 

12 (4) by adding at the end the following: 

13 ‘‘(5) PART F.—There are authorized to be ap14 propriated to carry out part F $3,000,000 for fiscal 

15 year 2009 and such sums as may be necessary for 

16 fiscal years 2010, 2011, 2012, and 2013.’’. 

17 Subtitle B—Emmett Till Unsolved 

18 Civil Rights Crimes Act of 2007 

19 SEC. 2201. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Emmett Till Un21 solved Civil Rights Crime Act of 2007’’. 

22 SEC. 2202. SENSE OF CONGRESS. 

23 It is the sense of Congress that all authorities with 

24 jurisdiction, including the Federal Bureau of Investigation 


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1 and other entities within the Department of Justice, 

2 should— 

3 (1) expeditiously investigate unsolved civil 

4 rights murders, due to the amount of time that has 

5 passed since the murders and the age of potential 

6 witnesses; and 

7 (2) provide all the resources necessary to ensure 

8 timely and thorough investigations in the cases in9 volved. 

10 SEC. 2203. DEPUTY CHIEF OF THE CRIMINAL SECTION OF 

11 THE CIVIL RIGHTS DIVISION. 

12 (a) IN GENERAL.—The Attorney General shall des13 ignate a Deputy Chief in the Criminal Section of the Civil 

14 Rights Division of the Department of Justice (in this sub15 title referred to as the ‘‘Deputy Chief’’). 

16 (b) RESPONSIBILITY.— 

17 (1) IN GENERAL.—The Deputy Chief shall be 

18 responsible for coordinating the investigation and 

19 prosecution of violations of criminal civil rights stat20 utes that occurred not later than December 31, 

21 1969, and resulted in a death. 

22 (2) COORDINATION.—In investigating a com23 plaint under paragraph (1), the Deputy Chief may 

24 coordinate investigative activities with State and 

25 local law enforcement officials. 


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1 (c) STUDY AND REPORT.— 

2 (1) STUDY.—The Attorney General shall annu3 ally conduct a study of the cases under the jurisdic4 tion of the Deputy Chief or under the jurisdiction of 

5 the Supervisory Special Agent and, in conducting 

6 the study, shall determine— 

7 (A) the number of open investigations 

8 within the Department of Justice for violations 

9 of criminal civil rights statutes that occurred 

10 not later than December 31, 1969; 

11 (B) the number of new cases opened pur12 suant to this subtitle since the most recent 

13 study conducted under this paragraph; 

14 (C) the number of unsealed Federal cases 

15 charged within the study period, including the 

16 case names, the jurisdiction in which the 

17 charges were brought, and the date the charges 

18 were filed; 

19 (D) the number of cases referred by the 

20 Department of Justice to a State or local law 

21 enforcement agency or prosecutor within the 

22 study period, the number of such cases that re23 sulted in State charges being filed, the jurisdic24 tion in which such charges were filed, the date 

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1 clines to prosecute or participate in an inves2 tigation of a case so referred, the fact it did so; 

3 (E) the number of cases within the study 

4 period that were closed without Federal pros5 ecution, the case names of unsealed Federal 

6 cases, the dates the cases were closed, and the 

7 relevant Federal statutes; 

8 (F) the number of attorneys who worked, 

9 in whole or in part, on any case described in 

10 subsection (b)(1); and 

11 (G) the applications submitted for grants 

12 under section 2205, the award of such grants, 

13 and the purposes for which the grant amount 

14 were expended. 

15 (2) REPORT.—Not later than 6 months after 

16 the date of enactment of this Act, and every 12 

17 months thereafter, the Attorney General shall pre18 pare and submit to Congress a report containing the 

19 results of the study conducted under paragraph (1). 

20 SEC. 2204. SUPERVISORY SPECIAL AGENT IN THE CIVIL 

21 RIGHTS UNIT OF THE FEDERAL BUREAU OF 

22 INVESTIGATION. 

23 (a) IN GENERAL.—The Attorney General shall des24 ignate a Supervisory Special Agent in the Civil Rights 

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1 ment of Justice (in this subtitle referred to as the ‘‘Super2 visory Special Agent’’). 

3 (b) RESPONSIBILITY.— 

4 (1) IN GENERAL.—The Supervisory Special 

5 Agent shall be responsible for investigating viola6 tions of criminal civil rights statutes that occurred 

7 not later than December 31, 1969, and resulted in 

8 a death. 

9 (2) COORDINATION.—In investigating a com10 plaint under paragraph (1), the Supervisory Special 

11 Agent may coordinate the investigative activities 

12 with State and local law enforcement officials. 

13 SEC. 2205. GRANTS TO STATE AND LOCAL LAW ENFORCE14 MENT. 

15 (a) IN GENERAL.—The Attorney General may make 

16 grants to State or local law enforcement agencies for ex17 penses associated with the investigation and prosecution 

18 of criminal offenses, involving civil rights, that occurred 

19 not later than December 31, 1969, and resulted in a 

20 death. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $2,000,000 for each of 

23 fiscal years 2008 through 2017 to carry out this section. 


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1 SEC. 2206. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There are authorized to be appro3 priated, in addition to any other amounts otherwise au4 thorized to be appropriated for this purpose, to the Attor5 ney General $10,000,000 for each of fiscal years 2008 

6 through 2017 for investigating and prosecuting violations 

7 of criminal civil rights statutes that occurred not later 

8 than December 31, 1969, and resulted in a death. 

9 Amounts appropriated pursuant to this subsection shall 

10 be allocated by the Attorney General to the Deputy Chief 

11 and the Supervisory Special Agent in order to advance the 

12 purposes set forth in this subtitle. 

13 (b) COMMUNITY RELATIONS SERVICE OF THE DE14 PARTMENT OF JUSTICE.—In addition to any amounts au15 thorized to be appropriated under title XI of the Civil 

16 Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are 

17 authorized to be appropriated to the Community Relations 

18 Service of the Department of Justice $1,500,000 for fiscal 

19 year 2008 and each subsequent fiscal year, to enable the 

20 Community Relations Service (in carrying out the func21 tions described in title X of such Act (42 U.S.C. 2000g 

22 et seq.)) to provide technical assistance by bringing to23 gether law enforcement agencies and communities in the 

24 investigation of violations of criminal civil rights statutes, 

25 in cases described in section 2204(b). 


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1 SEC. 2207. DEFINITION OF CRIMINAL CIVIL RIGHTS STAT2 UTES. 

3 In this subtitle, the term ‘‘criminal civil rights stat4 utes’’ means— 

5 (1) section 241 of title 18, United States Code 

6 (relating to conspiracy against rights); 

7 (2) section 242 of title 18, United States Code 

8 (relating to deprivation of rights under color of law); 

9 (3) section 245 of title 18, United States Code 

10 (relating to federally protected activities); 

11 (4) sections 1581 and 1584 of title 18, United 

12 States Code (relating to involuntary servitude and 

13 peonage); 

14 (5) section 901 of the Fair Housing Act (42 

15 U.S.C. 3631); and 

16 (6) any other Federal law that— 

17 (A) was in effect on or before December 

18 31, 1969; and 

19 (B) the Criminal Section of the Civil 

20 Rights Division of the Department of Justice 

21 enforced, before the date of enactment of this 

22 Act. 

23 SEC. 2208. SUNSET. 

24 Sections 2202 through 2206 of this subtitle shall 

25 cease to have force or effect at the end of fiscal year 2017. 


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1 SEC. 2209. AUTHORITY OF INSPECTORS GENERAL. 

2 Title XXXVII of the Crime Control Act of 1990 (42 

3 U.S.C. 5779 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 3703. AUTHORITY OF INSPECTORS GENERAL. 

6 ‘‘(a) IN GENERAL.—An Inspector General appointed 

7 under section 3 or 8G of the Inspector General Act of 

8 1978 (5 U.S.C. App.) may authorize staff to assist the 

9 National Center for Missing and Exploited Children— 

10 ‘‘(1) by conducting reviews of inactive case files 

11 to develop recommendations for further investiga12 tions; and 

13 ‘‘(2) by engaging in similar activities. 

14 ‘‘(b) LIMITATIONS.— 

15 ‘‘(1) PRIORITY.—An Inspector General may not 

16 permit staff to engage in activities described in sub17 section (a) if such activities will interfere with the 

18 duties of the Inspector General under the Inspector 

19 General Act of 1978 (5 U.S.C. App.). 

20 ‘‘(2) FUNDING.—No additional funds are au21 thorized to be appropriated to carry out this sec22 tion.’’. 


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1 Subtitle C—Mentally Ill Offender 

2 Treatment and Crime Reduction 

3 Reauthorization and Improve4 ment Act of 2008 

5 SEC. 2301. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Mentally Ill Of7 fender Treatment and Crime Reduction Reauthorization 

8 and Improvement Act of 2008’’. 

9 SEC. 2302. FINDINGS. 

10 Congress finds the following: 

11 (1) Communities nationwide are struggling to 

12 respond to the high numbers of people with mental 

13 illnesses involved at all points in the criminal justice 

14 system. 

15 (2) A 1999 study by the Department of Justice 

16 estimated that 16 percent of people incarcerated in 

17 prisons and jails in the United States, which is more 

18 than 300,000 people, suffer from mental illnesses. 

19 (3) Los Angeles County Jail and New York’s 

20 Rikers Island jail complex hold more people with 

21 mental illnesses than the largest psychiatric inpa22 tient facilities in the United States. 

23 (4) State prisoners with a mental health prob24 lem are twice as likely as those without a mental 


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1 health problem to have been homeless in the year be2 fore their arrest. 

3 SEC. 2303. REAUTHORIZATION OF THE ADULT AND JUVE4 NILE COLLABORATION PROGRAM GRANTS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS THROUGH

6 2014.—Section 2991(h) of title I of the Omnibus Crime 

7 Control and Safe Streets Act of 1968 (42 U.S.C. 

8 3793aa(h)) is amended— 

9 (1) in paragraph (1), by striking at the end 

10 ‘‘and’’; 

11 (2) in paragraph (2), by striking ‘‘for fiscal 

12 years 2006 through 2009.’’ and inserting ‘‘for each 

13 of the fiscal years 2006 and 2007; and’’; and 

14 (3) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) $75,000,000 for each of the fiscal years 

17 2009 through 2014.’’. 

18 (b) ALLOCATION OF FUNDING FOR ADMINISTRATIVE

19 PURPOSES.—Section 2991(h) of such title is further 

20 amended— 

21 (1) by redesignating paragraphs (1), (2), and 

22 (3) (as added by subsection (a)(3)) as subpara23 graphs (A), (B), and (C), respectively, and adjusting 

24 the margins accordingly; 


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1 (2) by striking ‘‘There are authorized’’ and in2 serting ‘‘(1) IN GENERAL.—There are authorized’’; 

3 and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(2) ALLOCATION OF FUNDING FOR ADMINISTRA7 TIVE PURPOSES.—For fiscal year 2009 and each subse8 quent fiscal year, of the amounts authorized under para9 graph (1) for such fiscal year, the Attorney General may 

10 obligate not more than 3 percent for the administrative 

11 expenses of the Attorney General in carrying out this sec12 tion for such fiscal year.’’. 

13 (c) ADDITIONAL APPLICATIONS RECEIVING PRI14 ORITY.—Subsection (c) of such section is amended to read 

15 as follows: 

16 ‘‘(c) PRIORITY.—The Attorney General, in awarding 

17 funds under this section, shall give priority to applications 

18 that— 

19 ‘‘(1) promote effective strategies by law enforce20 ment to identify and to reduce risk of harm to men21 tally ill offenders and public safety; 

22 ‘‘(2) promote effective strategies for identifica23 tion and treatment of female mentally ill offenders; 

24 or 


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1 ‘‘(3)(A) demonstrate the strongest commitment 

2 to ensuring that such funds are used to promote 

3 both public health and public safety; 

4 ‘‘(B) demonstrate the active participation of 

5 each co-applicant in the administration of the col6 laboration program; 

7 ‘‘(C) document, in the case of an application for 

8 a grant to be used in whole or in part to fund treat9 ment services for adults or juveniles during periods 

10 of incarceration or detention, that treatment pro11 grams will be available to provide transition and re12 entry services for such individuals; and 

13 ‘‘(D) have the support of both the Attorney 

14 General and the Secretary.’’. 

15 SEC. 2304. LAW ENFORCEMENT RESPONSE TO MENTALLY 

16 ILL OFFENDERS IMPROVEMENT GRANTS. 

17 (a) IN GENERAL.—Part HH of title I of the Omnibus 

18 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

19 3797aa) is amended by adding at the end the following 

20 new section: 

21 ‘‘SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY 

22 ILL OFFENDERS IMPROVEMENT GRANTS. 

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1 ment, Indian tribes, and tribal organizations for the fol2 lowing purposes: 

3 ‘‘(1) TRAINING PROGRAMS.—To provide for 

4 programs that offer law enforcement personnel spe5 cialized and comprehensive training in procedures to 

6 identify and respond appropriately to incidents in 

7 which the unique needs of individuals with mental 

8 illnesses are involved. 

9 ‘‘(2) RECEIVING CENTERS.—To provide for the 

10 development of specialized receiving centers to assess 

11 individuals in the custody of law enforcement per12 sonnel for suicide risk and mental health and sub13 stance abuse treatment needs. 

14 ‘‘(3) IMPROVED TECHNOLOGY.—To provide for 

15 computerized information systems (or to improve ex16 isting systems) to provide timely information to law 

17 enforcement personnel and criminal justice system 

18 personnel to improve the response of such respective 

19 personnel to mentally ill offenders. 

20 ‘‘(4) COOPERATIVE PROGRAMS.—To provide for 

21 the establishment and expansion of cooperative ef22 forts by criminal and juvenile justice agencies and 

23 mental health agencies to promote public safety 

24 through the use of effective intervention with respect 

25 to mentally ill offenders. 


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1 ‘‘(5) CAMPUS SECURITY PERSONNEL TRAIN2 ING.—To provide for programs that offer campus se3 curity personnel training in procedures to identify 

4 and respond appropriately to incidents in which the 

5 unique needs of individuals with mental illnesses are 

6 involved. 

7 ‘‘(b) BJA TRAINING MODELS.—For purposes of sub8 section (a)(1), the Director of the Bureau of Justice As9 sistance shall develop training models for training law en10 forcement personnel in procedures to identify and respond 

11 appropriately to incidents in which the unique needs of 

12 individuals with mental illnesses are involved, including 

13 suicide prevention. 

14 ‘‘(c) MATCHING FUNDS.—The Federal share of funds 

15 for a program funded by a grant received under this sec16 tion may not exceed 75 percent of the costs of the program 

17 unless the Attorney General waives, wholly or in part, such 

18 funding limitation. The non-Federal share of payments 

19 made for such a program may be made in cash or in-kind 

20 fairly evaluated, including planned equipment or services. 

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Department of 

23 Justice to carry out this section $10,000,000 for each of 

24 the fiscal years 2009 through 2014.’’. 


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1 (b) CONFORMING AMENDMENT.—Such part is fur2 ther amended by amending the part heading to read as 

3 follows: ‘‘GRANTS TO IMPROVE TREATMENT OF OF4 FENDERS WITH MENTAL ILLNESSES’’. 

5 SEC. 2305. IMPROVING THE MENTAL HEALTH COURTS 

6 GRANT PROGRAM. 

7 (a) REAUTHORIZATION OF THE MENTAL HEALTH

8 COURTS GRANT PROGRAM.—Section 1001(a)(20) of title 

9 I of the Omnibus Crime Control and Safe Streets Act of 

10 1968 (42 U.S.C. 3793(a)(20)) is amended by striking 

11 ‘‘fiscal years 2001 through 2004’’ and inserting ‘‘fiscal 

12 years 2009 through 2014’’. 

13 (b) ADDITIONAL GRANT USES AUTHORIZED.—Sec14 tion 2201 of such title (42 U.S.C. 3796ii) is amended— 

15 (1) in paragraph (1), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (2) by striking the period at 

18 the end and inserting a semicolon; and 

19 (3) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(3) pretrial services and related treatment pro22 grams for offenders with mental illnesses; and 

23 ‘‘(4) developing, implementing, or expanding 

24 programs that are alternatives to incarceration for 

25 offenders with mental illnesses.’’. 


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1 SEC. 2306. EXAMINATION AND REPORT ON PREVALENCE OF 

2 MENTALLY ILL OFFENDERS. 

3 (a) IN GENERAL.— 

4 (1) IN GENERAL.—The Attorney General shall 

5 examine and report on mental illness and the crimi6 nal justice system. 

7 (2) SCOPE.—Congress encourages the Attorney 

8 General to specifically examine the following: 

9 (A) POPULATIONS.—The rate of occur10 rence of serious mental illnesses in each of the 

11 following populations: 

12 (i) Individuals, including juveniles, on 

13 probation. 

14 (ii) Individuals, including juveniles, in15 carcerated in a jail. 

16 (iii) Individuals, including juveniles, 

17 incarcerated in a prison. 

18 (iv) Individuals, including juveniles, 

19 on parole. 

20 (B) BENEFITS.—The percentage of indi21 viduals in each population described in subpara22 graph (A) who have— 

23 (i) a serious mental illness; and 

24 (ii) received disability benefits under 

25 title II or title XVI of the Social Security 


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1 Act (42 U.S.C. 401 et seq. and 1381 et 

2 seq.). 

3 (b) REPORT.—Not later than 36 months after the 

4 date of the enactment of this Act, the Attorney General 

5 shall submit to Congress the report described in sub6 section (a). 

7 (c) DEFINITIONS.—In this section— 

8 (1) the term ‘‘serious mental illness’’ means 

9 that an individual has, or at any time during the 1- 

10 year period ending on the date of enactment of this 

11 Act had, a covered mental, behavioral, or emotional 

12 disorder; and 

13 (2) the term ‘‘covered mental, behavioral, or 

14 emotional disorder’’— 

15 (A) means a diagnosable mental, behav16 ioral, or emotional disorder of sufficient dura17 tion to meet diagnostic criteria specified within 

18 the Diagnostic and Statistical Manual of Men19 tal Disorders, Fourth Edition, or the Inter20 national Classification of Diseases, Ninth Revi21 sion, Clinical Modification equivalent of the Di22 agnostic and Statistical Manual of Mental Dis23 orders, Fourth Edition; and 

24 (B) does not include a disorder that has a 

25 V code within the Diagnostic and Statistical 


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1 Manual of Mental Disorders, Fourth Edition, a 

2 substance use disorder, or a developmental dis3 order, unless that disorder cooccurs with an4 other disorder described in subparagraph (A) 

5 and causes functional impairment which sub6 stantially interferes with or limits 1 or more 

7 major life activities. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $2,000,000 for 2009. 

11 Subtitle D—Effective Child Pornog12 raphy Prosecution Act of 2007 

13 SEC. 7401. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Effective Child 

15 Pornography Prosecution Act of 2007’’. 

16 SEC. 7402. FINDINGS. 

17 Congress finds the following: 

18 (1) Child pornography is estimated to be a 

19 multibillion dollar industry of global proportions, fa20 cilitated by the growth of the Internet. 

21 (2) Data has shown that 83 percent of child 

22 pornography possessors had images of children 

23 younger than 12 years old, 39 percent had images 

24 of children younger than 6 years old, and 19 percent 

25 had images of children younger than 3 years old. 


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1 (3) Child pornography is a permanent record of 

2 a child’s abuse and the distribution of child pornog3 raphy images revictimizes the child each time the 

4 image is viewed. 

5 (4) Child pornography is readily available 

6 through virtually every Internet technology, includ7 ing Web sites, email, instant messaging, Internet 

8 Relay Chat, newsgroups, bulletin boards, and peer9 to-peer. 

10 (5) The technological ease, lack of expense, and 

11 anonymity in obtaining and distributing child por12 nography over the Internet has resulted in an explo13 sion in the multijurisdictional distribution of child 

14 pornography. 

15 (6) The Internet is well recognized as a method 

16 of distributing goods and services across State lines. 

17 (7) The transmission of child pornography 

18 using the Internet constitutes transportation in 

19 interstate commerce. 

20 SEC. 7403. CLARIFYING BAN OF CHILD PORNOGRAPHY. 

21 (a) IN GENERAL.—Chapter 110 of title 18, United 

22 States Code, is amended— 

23 (1) in section 2251— 

24 (A) in each of subsections (a), (b), and (d), 

25 by inserting ‘‘using any means or facility of 


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1 interstate or foreign commerce or’’ after ‘‘be 

2 transported’’; 

3 (B) in each of subsections (a) and (b), by 

4 inserting ‘‘using any means or facility of inter5 state or foreign commerce or’’ after ‘‘been 

6 transported’’; 

7 (C) in subsection (c), by striking ‘‘com8 puter’’ each place that term appears and insert9 ing ‘‘using any means or facility of interstate or 

10 foreign commerce’’; and 

11 (D) in subsection (d), by inserting ‘‘using 

12 any means or facility of interstate or foreign 

13 commerce or’’ after ‘‘is transported’’; 

14 (2) in section 2251A(c), by inserting ‘‘using 

15 any means or facility of interstate or foreign com16 merce or’’ after ‘‘or transported’’; 

17 (3) in section 2252(a)— 

18 (A) in paragraph (1), by inserting ‘‘using 

19 any means or facility of interstate or foreign 

20 commerce or’’ after ‘‘ships’’; 

21 (B) in paragraph (2)— 

22 (i) by inserting ‘‘using any means or 

23 facility of interstate or foreign commerce 

24 or’’ after ‘‘distributes, any visual depic25 tion’’; and 


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1 (ii) by inserting ‘‘using any means or 

2 facility of interstate or foreign commerce 

3 or’’ after ‘‘depiction for distribution’’; 

4 (C) in paragraph (3)— 

5 (i) by inserting ‘‘using any means or 

6 facility of interstate or foreign commerce’’ 

7 after ‘‘so shipped or transported’’; and 

8 (ii) by striking ‘‘by any means,’’; and 

9 (D) in paragraph (4), by inserting ‘‘using 

10 any means or facility of interstate or foreign 

11 commerce or’’ after ‘‘has been shipped or trans12 ported’’; and 

13 (4) in section 2252A(a)— 

14 (A) in paragraph (1), by inserting ‘‘using 

15 any means or facility of interstate or foreign 

16 commerce or’’ after ‘‘ships’’; 

17 (B) in paragraph (2), by inserting ‘‘using 

18 any means or facility of interstate or foreign 

19 commerce’’ after ‘‘mailed, or’’ each place it ap20 pears; 

21 (C) in paragraph (3), by inserting ‘‘using 

22 any means or facility of interstate or foreign 

23 commerce or’’ after ‘‘mails, or’’ each place it 

24 appears; 


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1 (D) in each of paragraphs (4) and (5), by 

2 inserting ‘‘using any means or facility of inter3 state or foreign commerce or’’ after ‘‘has been 

4 mailed, or shipped or transported’’; and 

5 (E) in paragraph (6), by inserting ‘‘using 

6 any means or facility of interstate or foreign 

7 commerce or’’ after ‘‘has been mailed, shipped, 

8 or transported’’. 

9 (b) AFFECTING INTERSTATE COMMERCE.—Chapter 

10 110 of title 18, United States Code, is amended in each 

11 of sections 2251, 2251A, 2252, and 2252A, by striking 

12 ‘‘in interstate’’ each place it appears and inserting ‘‘in or 

13 affecting interstate’’. 

14 (c) CERTAIN ACTIVITIES RELATING TO MATERIAL

15 INVOLVING THE SEXUAL EXPLOITATION OF MINORS.— 

16 Section 2252(a)(3)(B) of title 18, United States Code, is 

17 amended by inserting ‘‘, shipped, or transported using any 

18 means or facility of interstate or foreign commerce’’ after 

19 ‘‘that has been mailed’’. 

20 (d) CERTAIN ACTIVITIES RELATING TO MATERIAL

21 CONSTITUTING OR CONTAINING CHILD PORNOGRAPHY.— 

22 Section 2252A(a)(6)(C) of title 18, United States Code, 

23 is amended by striking ‘‘or by transmitting’’ and all that 

24 follows through ‘‘by computer,’’ and inserting ‘‘or any 

25 means or facility of interstate or foreign commerce,’’. 


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1 Subtitle E—Enhancing the Effec2 tive Prosecution of Child Por3 nography Act of 2007 

4 SEC. 2501. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Enhancing the Ef6 fective Prosecution of Child Pornography Act of 2007’’. 

7 SEC. 2502. MONEY LAUNDERING PREDICATE. 

8 Section 1956(c)(7)(D) of title 18, United States 

9 Code, is amended by inserting ‘‘section 2252A (relating 

10 to child pornography) where the child pornography con11 tains a visual depiction of an actual minor engaging in 

12 sexually explicit conduct, section 2260 (production of cer13 tain child pornography for importation into the United 

14 States),’’ before ‘‘section 2280’’. 

15 SEC. 2503. KNOWINGLY ACCESSING CHILD PORNOGRAPHY 

16 WITH THE INTENT TO VIEW CHILD PORNOG17 RAPHY. 

18 (a) MATERIALS INVOLVING SEXUAL EXPLOITATION

19 OF MINORS.—Section 2252(a)(4) of title 18, United 

20 States Code, is amended— 

21 (1) in subparagraph (A), by inserting ‘‘, or 

22 knowingly accesses with intent to view,’’ after ‘‘pos23 sesses’’; and 


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1 (2) in subparagraph (B), by inserting ‘‘, or 

2 knowingly accesses with intent to view,’’ after ‘‘pos3 sesses’’. 

4 (b) MATERIALS CONSTITUTING OR CONTAINING

5 CHILD PORNOGRAPHY.—Section 2252A(a)(5) of title 18, 

6 United States Code, is amended— 

7 (1) in subparagraph (A), by inserting ‘‘, or 

8 knowingly accesses with intent to view,’’ after ‘‘pos9 sesses’’; and 

10 (2) in subparagraph (B), by inserting ‘‘, or 

11 knowingly accesses with intent to view,’’ after ‘‘pos12 sesses’’. 

13 Subtitle F—Drug Endangered 

14 Children Act of 2007 

15 SEC. 2601. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Drug Endangered 

17 Children Act of 2007’’. 

18 SEC. 2602. DRUG-ENDANGERED CHILDREN GRANT PRO19 GRAM EXTENDED. 

20 Section 755(c) of the USA PATRIOT Improvement 

21 and Reauthorization Act of 2005 (42 U.S.C. 3797cc–2(c)) 

22 is amended by striking ‘‘fiscal years 2006 and 2007’’ and 

23 inserting ‘‘fiscal years 2008 and 2009’’. 


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1 Subtitle G—Star-Spangled Banner 

2 and War of 1812 Bicentennial 

3 Commission Act 

4 SEC. 2701. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Star-Spangled 

6 Banner and War of 1812 Bicentennial Commission Act’’. 

7 SEC. 2702. STAR-SPANGLED BANNER AND WAR OF 1812 BI8 CENTENNIAL COMMISSION. 

9 (a) FINDINGS.—Congress finds that— 

10 (1) the War of 1812 served as a crucial test for 

11 the United States Constitution and the newly estab12 lished democratic Government; 

13 (2) vast regions of the new multiparty democ14 racy, including the Chesapeake Bay, the Gulf of 

15 Mexico and the Niagara Frontier, were affected by 

16 the War of 1812 including the States of Alabama, 

17 Connecticut, Delaware, Florida, Georgia, Iowa, Illi18 nois, Indiana, Kentucky, Louisiana, Massachusetts, 

19 Maryland, Maine, Michigan, Missouri, Mississippi, 

20 New Jersey, North Carolina, New Hampshire, New 

21 York, Ohio, Oregon, Pennsylvania, Rhode Island, 

22 South Carolina, Tennessee, Virginia, Vermont, Wis23 consin, West Virginia, and the District of Columbia; 

24 (3) the British occupation of American territory 

25 along the Great Lakes and in other regions, the 


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1 burning of Washington, DC, the American victories 

2 at Fort McHenry, New Orleans, and Plattsburgh, 

3 among other battles, had far reaching effects on 

4 American society; 

5 (4) at the Battle of Baltimore, Francis Scott 

6 Key wrote the poem that celebrated the flag and 

7 later was titled ‘‘the Star-Spangled Banner’’; 

8 (5) the poem led to the establishment of the 

9 flag as an American icon and became the words of 

10 the national anthem of the United States in 1932; 

11 and 

12 (6) it is in the national interest to provide for 

13 appropriate commemorative activities to maximize 

14 public understanding of the meaning of the War of 

15 1812 in the history of the United States. 

16 (b) PURPOSES.—The purposes of this section are 

17 to— 

18 (1) establish the Star-Spangled Banner and 

19 War of 1812 Commemoration Commission; 

20 (2) ensure a suitable national observance of the 

21 War of 1812 by complementing, cooperating with, 

22 and providing assistance to the programs and activi23 ties of the various States involved in the commemo24 ration; 


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1 (3) encourage War of 1812 observances that 

2 provide an excellent visitor experience and beneficial 

3 interaction between visitors and the natural and cul4 tural resources of the various War of 1812 sites; 

5 (4) facilitate international involvement in the 

6 War of 1812 observances; 

7 (5) support and facilitate marketing efforts for 

8 a commemorative coin, stamp, and related activities 

9 for the War of 1812 observances; and 

10 (6) promote the protection of War of 1812 re11 sources and assist in the appropriate development of 

12 heritage tourism and economic benefits to the 

13 United States. 

14 (c) DEFINITIONS.—In this section: 

15 (1) COMMEMORATION.—The term ‘‘commemo16 ration’’ means the commemoration of the War of 

17 1812. 

18 (2) COMMISSION.—The term ‘‘Commission’’ 

19 means the Star-Spangled Banner and War of 1812 

20 Bicentennial Commission established in subsection 

21 (d)(1). 

22 (3) QUALIFIED CITIZEN.—The term ‘‘qualified 

23 citizen’’ means a citizen of the United States with 

24 an interest in, support for, and expertise appropriate 

25 to the commemoration. 


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1 (4) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (5) STATES.—The term ‘‘States’’— 

4 (A) means the States of Alabama, Ken5 tucky, Indiana, Louisiana, Maryland, Vermont, 

6 Virginia, New York, Maine, Michigan, and 

7 Ohio; and 

8 (B) includes agencies and entities of each 

9 State. 

10 (d) STAR-SPANGLED BANNER AND WAR OF 1812 

11 COMMEMORATION COMMISSION.— 

12 (1) IN GENERAL.—There is established a com13 mission to be known as the ‘‘Star-Spangled Banner 

14 and War of 1812 Bicentennial Commission’’. 

15 (2) MEMBERSHIP.— 

16 (A) IN GENERAL.—The Commission shall 

17 be composed of 22 members, of whom— 

18 (i) 11 members shall be qualified citi19 zens appointed by the Secretary after con20 sideration of nominations submitted by the 

21 Governors of Alabama, Kentucky, Indiana, 

22 Louisiana, Maine, Maryland, Michigan, 

23 New York, Ohio, Vermont, and Virginia; 

24 (ii) 3 members shall be qualified citi25 zens appointed by the Secretary after conVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 sideration of nominations submitted by the 

2 Mayors of the District of Columbia, the 

3 City of Baltimore, and the City of New Or4 leans; 

5 (iii) 2 members shall be employees of 

6 the National Park Service, of whom— 

7 (I) 1 shall be the Director of the 

8 National Park Service (or a designee); 

9 and 

10 (II) 1 shall be an employee of the 

11 National Park Service having experi12 ence relevant to the commemoration; 

13 (iv) 4 members shall be qualified citi14 zens appointed by the Secretary with con15 sideration of recommendations— 

16 (I) 1 of which are submitted by 

17 the majority leader of the Senate; 

18 (II) 1 of which are submitted by 

19 the minority leader of the Senate; 

20 (III) 1 of which are submitted by 

21 the majority leader of the House of 

22 Representatives; and 

23 (IV) 1 of which are submitted by 

24 the minority leader of the House of 

25 Representatives; and 


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1 (v) 2 members shall be appointed by 

2 the Secretary from among individuals with 

3 expertise in the history of the War of 

4 1812. 

5 (B) DATE OF APPOINTMENTS.—The ap6 pointment of a member of the Commission shall 

7 be made not later than 120 days after the date 

8 of enactment of this Act. 

9 (3) TERM; VACANCIES.— 

10 (A) TERM.—A member shall be appointed 

11 for the life of the Commission. 

12 (B) VACANCIES.—A vacancy on the Com13 mission— 

14 (i) shall not affect the powers of the 

15 Commission; and 

16 (ii) shall be filled in the same manner 

17 as the original appointment was made. 

18 (4) VOTING.— 

19 (A) IN GENERAL.—The Commission shall 

20 act only on an affirmative vote of a majority of 

21 the members of the Commission. 

22 (B) QUORUM.—A majority of the members 

23 of the Commission shall constitute a quorum. 

24 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 


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1 (A) SELECTION.—The Commission shall 

2 select a chairperson and a vice chairperson from 

3 among the members of the Commission. 

4 (B) ABSENCE OF CHAIRPERSON.—The vice 

5 chairperson shall act as chairperson in the ab6 sence of the chairperson. 

7 (6) INITIAL MEETING.—Not later than 60 days 

8 after the date on which all members of the Commis9 sion have been appointed and funds have been pro10 vided, the Commission shall hold the initial meeting 

11 of the Commission. 

12 (7) MEETINGS.—Not less than twice a year, the 

13 Commission shall meet at the call of the chairperson 

14 or a majority of the members of the Commission. 

15 (8) REMOVAL.—Any member who fails to at16 tend 3 successive meetings of the Commission or 

17 who otherwise fails to participate substantively in 

18 the work of the Commission may be removed by the 

19 Secretary and the vacancy shall be filled in the same 

20 manner as the original appointment was made. 

21 Members serve at the discretion of the Secretary. 

22 (e) DUTIES.— 

23 (1) IN GENERAL.—The Commission shall— 

24 (A) plan, encourage, develop, execute, and 

25 coordinate programs, observances, and activities 


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1 commemorating the historic events that pre2 ceded and are associated with the War of 1812; 

3 (B) facilitate the commemoration through4 out the United States and internationally; 

5 (C) coordinate the activities of the Com6 mission with State commemoration commis7 sions, the National Park Service, the Depart8 ment of Defense, and other appropriate Federal 

9 agencies; 

10 (D) encourage civic, patriotic, historical, 

11 educational, religious, economic, tourism, and 

12 other organizations throughout the United 

13 States to organize and participate in the com14 memoration to expand the understanding and 

15 appreciation of the significance of the War of 

16 1812; 

17 (E) provide technical assistance to States, 

18 localities, units of the National Park System, 

19 and nonprofit organizations to further the com20 memoration and commemorative events; 

21 (F) coordinate and facilitate scholarly re22 search on, publication about, and interpretation 

23 of the people and events associated with the 

24 War of 1812; 


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1 (G) design, develop, and provide for the 

2 maintenance of an exhibit that will travel 

3 throughout the United States during the com4 memoration period to interpret events of the 

5 War of 1812 for the educational benefit of the 

6 citizens of the United States; 

7 (H) ensure that War of 1812 commemora8 tions provide a lasting legacy and long-term 

9 public benefit leading to protection of the nat10 ural and cultural resources associated with the 

11 War of 1812; and 

12 (I) examine and review essential facilities 

13 and infrastructure at War of 1812 sites and 

14 identify possible improvements that could be 

15 made to enhance and maximize visitor experi16 ence at the sites. 

17 (2) STRATEGIC PLAN; ANNUAL PERFORMANCE

18 PLANS.—The Commission shall prepare a strategic 

19 plan and annual performance plans for any activity 

20 carried out by the Commission under this section. 

21 (3) REPORTS.— 

22 (A) ANNUAL REPORT.—The Commission 

23 shall submit to Congress an annual report that 

24 contains a list of each gift, bequest, or devise 

25 to the Commission with a value of more than 


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1 $250, together with the identity of the donor of 

2 each gift, bequest, or devise. 

3 (B) FINAL REPORT.—Not later than Sep4 tember 30, 2015, the Commission shall submit 

5 to the Secretary and Congress a final report 

6 that includes— 

7 (i) a summary of the activities of the 

8 Commission; 

9 (ii) a final accounting of any funds re10 ceived or expended by the Commission; and 

11 (iii) the final disposition of any his12 torically significant items acquired by the 

13 Commission and other properties not pre14 viously reported. 

15 (f) POWERS.— 

16 (1) IN GENERAL.—The Commission may— 

17 (A) solicit, accept, use, and dispose of gifts 

18 or donations of money, services, and real and 

19 personal property related to the commemoration 

20 in accordance with Department of the Interior 

21 and National Park Service written standards 

22 for accepting gifts from outside sources; 

23 (B) appoint such advisory committees as 

24 the Commission determines to be necessary to 

25 carry out this section; 


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1 (C) authorize any member or employee of 

2 the Commission to take any action the Commis3 sion is authorized to take under this section; 

4 (D) use the United States mails in the 

5 same manner and under the same conditions as 

6 other agencies of the Federal Government; and 

7 (E) make grants to communities, non8 profit, commemorative commissions or organi9 zations, and research and scholarly organiza10 tions to develop programs and products to as11 sist in researching, publishing, marketing, and 

12 distributing information relating to the com13 memoration. 

14 (2) LEGAL AGREEMENTS.— 

15 (A) IN GENERAL.—In carrying out this 

16 section, the Commission may— 

17 (i) procure supplies, services, and 

18 property; and 

19 (ii) make or enter into contracts, 

20 leases, or other legal agreements. 

21 (B) LENGTH.—Any contract, lease, or 

22 other legal agreement made or entered into by 

23 the Commission shall not extend beyond the 

24 date of termination of the Commission. 

25 (3) INFORMATION FROM FEDERAL AGENCIES.— 


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1 (A) IN GENERAL.—The Commission may 

2 secure directly from a Federal agency such in3 formation as the Commission considers nec4 essary to carry out this section. 

5 (B) PROVISION OF INFORMATION.—On re6 quest of the Chairperson of the Commission, 

7 the head of the agency shall provide the infor8 mation to the Commission in accordance with 

9 applicable laws. 

10 (4) FACA NONAPPLICABILITY.—Section 14(b) 

11 of the Federal Advisory Committee Act (5 U.S.C. 

12 App.) shall not apply to the Commission. 

13 (5) NO EFFECT ON AUTHORITY.—Nothing in 

14 this section supersedes the authority of the States or 

15 the National Park Service concerning the commemo16 ration. 

17 (g) PERSONNEL MATTERS.— 

18 (1) MEMBERS OF THE COMMISSION.— 

19 (A) IN GENERAL.—Except as provided in 

20 paragraph (3)(A), a member of the Commission 

21 shall serve without compensation. 

22 (B) TRAVEL EXPENSES.—A member of the 

23 Commission shall be allowed travel expenses, in24 cluding per diem in lieu of subsistence, at rates 

25 authorized for an employee of an agency under 


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1 subchapter I of chapter 57 of title 5, United 

2 States Code, while away from the home or reg3 ular place of business of the member in the per4 formance of the duties of the Commission. 

5 (C) STATUS.—A member of the Commis6 sion, who is not otherwise a Federal employee, 

7 shall be considered a Federal employee only for 

8 purposes of the provisions of law related to eth9 ics, conflicts of interest, corruption, and any 

10 other criminal or civil statute or regulation gov11 erning the conduct of Federal employees. 

12 (2) EXECUTIVE DIRECTOR AND OTHER

13 STAFF.— 

14 (A) IN GENERAL.—The Chairperson of the 

15 Commission may, without regard to the provi16 sions of title 5, United States Code, governing 

17 appointments in the competitive service and ter18 mination of employees (including regulations), 

19 appoint and terminate an executive director, 

20 subject to confirmation by the Commission, and 

21 appoint and terminate such other additional 

22 personnel as are necessary to enable the Com23 mission to perform the duties of the Commis24 sion. 


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1 (B) STATUS.—The Executive Director and 

2 other staff appointed under this paragraph 

3 shall be considered Federal employees under 

4 section 2105 of title 5, United States Code, not5 withstanding the requirements of such section. 

6 (C) CONFIRMATION OF EXECUTIVE DIREC7 TOR.—The employment of an executive director 

8 shall be subject to confirmation by the Commis9 sion. 

10 (D) COMPENSATION.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (ii), the Chairperson of the Com13 mission may fix the compensation of the 

14 executive director and other personnel 

15 without regard to the provisions of chapter 

16 51 and subchapter III of chapter 53 of 

17 title 5, United States Code, relating to 

18 classification of positions and General 

19 Schedule pay rates. 

20 (ii) MAXIMUM RATE OF PAY.—The 

21 rate of basic pay for the executive director 

22 and other personnel shall not exceed the 

23 rate payable for level V of the Executive 

24 Schedule under section 5316 of title 5, 

25 United States Code. 


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1 (3) GOVERNMENT EMPLOYEES.— 

2 (A) FEDERAL EMPLOYEES.— 

3 (i) SERVICE ON COMMISSION.—A 

4 member of the Commission who is an offi5 cer or employee of the Federal Government 

6 shall serve without compensation in addi7 tion to the compensation received for the 

8 services of the member as an officer or em9 ployee of the Federal Government. 

10 (ii) DETAIL.—At the request of the 

11 Commission, the head of any Federal agen12 cy may detail, on a reimbursable or non13 reimbursable basis, any of the personnel of 

14 the agency to the Commission to assist the 

15 Commission in carrying out the duties of 

16 the Commission under this section. 

17 (iii) CIVIL SERVICE STATUS.—Not18 withstanding any other provisions in this 

19 subsection, Federal employees who serve 

20 on the Commission, are detailed to the 

21 Commission, or otherwise provide services 

22 under this section, shall continue to be 

23 Federal employees for the purpose of any 

24 law specific to Federal employees, without 


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1 interruption or loss of civil service status 

2 or privilege. 

3 (B) STATE EMPLOYEES.—The Commission 

4 may— 

5 (i) accept the services of personnel de6 tailed from States (including subdivisions 

7 of States) under subchapter VI of chapter 

8 33 of title 5, United States Code; and 

9 (ii) reimburse States for services of 

10 detailed personnel. 

11 (4) MEMBERS OF ADVISORY COMMITTEES.— 

12 Members of advisory committees appointed under 

13 subsection (f)(1)(B)— 

14 (A) shall not be considered employees of 

15 the Federal Government by reason of service on 

16 the committees for the purpose of any law spe17 cific to Federal employees, except for the pur18 poses of chapter 11 of title 18, United States 

19 Code, relating to conflicts of interest; and 

20 (B) may be paid travel expenses, including 

21 per diem in lieu of subsistence, at rates author22 ized for an employee of an agency under sub23 chapter I of chapter 57 of title 5, United States 

24 Code, while away from the home or regular 


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1 place of business of the member in the perform2 ance of the duties of the committee. 

3 (5) VOLUNTEER AND UNCOMPENSATED SERV4 ICES.—Notwithstanding section 1342 of title 31, 

5 United States Code, the Commission may accept and 

6 use such voluntary and uncompensated services as 

7 the Commission determines necessary. 

8 (6) SUPPORT SERVICES.—The Director of the 

9 National Park Service shall provide to the Commis10 sion, on a reimbursable basis, such administrative 

11 support services as the Commission may request. 

12 (7) PROCUREMENT OF TEMPORARY AND INTER13 MITTENT SERVICES.—The Chairperson of the Com14 mission may employ experts and consultants on a 

15 temporary or intermittent basis in accordance with 

16 section 3109(b) of title 5, United States Code, at 

17 rates for individuals that do not exceed the daily 

18 equivalent of the annual rate of basic pay prescribed 

19 for level V of the Executive Schedule under section 

20 5316 of that title. Such personnel shall be consid21 ered Federal employees under section 2105 of title 

22 5, United States Code, notwithstanding the require23 ments of such section. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out this section not to exceed 

3 $500,000 for each of fiscal years 2008 through 

4 2015. 

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated under this subsection for any fiscal year 

7 shall remain available until December 31, 2015. 

8 (i) TERMINATION OF COMMISSION.— 

9 (1) IN GENERAL.—The Commission shall termi10 nate on December 31, 2015. 

11 (2) TRANSFER OF MATERIALS.—Not later than 

12 the date of termination, the Commission shall trans13 fer any documents, materials, books, manuscripts, 

14 miscellaneous printed matter, memorabilia, relics, 

15 exhibits, and any materials donated to the Commis16 sion that relate to the War of 1812, to Fort 

17 McHenry National Monument and Historic Shrine. 

18 (3) DISPOSITION OF FUNDS.—Any funds held 

19 by the Commission on the date of termination shall 

20 be deposited in the general fund of the Treasury. 

21 (4) ANNUAL AUDIT.—The Inspector General of 

22 the Department of the Interior shall perform an an23 nual audit of the Commission, shall make the results 

24 of the audit available to the public, and shall trans25 mit such results to the Committee on Oversight and 


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1 Government Reform of the House of Representatives 

2 and the Committee on the Judiciary of the Senate. 

3 Subtitle H—PROTECT Our 

4 Children Act of 2008 

5 SEC. 2801. SHORT TITLE. 

6 This subtitle may be cited as the‘‘ Providing Re7 sources, Officers, and Technology To Eradicate Cyber 

8 Threats to Our Children Act of 2008’’ or the ‘‘PROTECT 

9 Our Children Act of 2008’’. 

10 SEC. 2802. DEFINITIONS. 

11 In this subtitle, the following definitions shall apply: 

12 (1) CHILD EXPLOITATION.—The term ‘‘child 

13 exploitation’’ means any conduct, attempted conduct, 

14 or conspiracy to engage in conduct involving a minor 

15 that violates section 1591, chapter 109A, chapter 

16 110, and chapter 117 of title 18, United States 

17 Code, or any sexual activity involving a minor for 

18 which any person can be charged with a criminal of19 fense. 

20 (2) CHILD OBSCENITY.—The term ‘‘child ob21 scenity’’ means any visual depiction proscribed by 

22 section 1466A of title 18, United States Code. 

23 (3) MINOR.—The term ‘‘minor’’ means any per24 son under the age of 18 years. 


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1 (4) SEXUALLY EXPLICIT CONDUCT.—The term 

2 ‘‘sexually explicit conduct’’ has the meaning given 

3 such term in section 2256 of title 18, United States 

4 Code. 

5 PART I—NATIONAL STRATEGY FOR CHILD 

6 EXPLOITATION PREVENTION AND INTERDICTION 

7 SEC. 2811. ESTABLISHMENT OF NATIONAL STRATEGY FOR 

8 CHILD EXPLOITATION PREVENTION AND 

9 INTERDICTION. 

10 (a) IN GENERAL.—The Attorney General of the 

11 United States shall create and implement a National 

12 Strategy for Child Exploitation Prevention and Interdic13 tion. 

14 (b) TIMING.—Not later than February 1 of each 

15 year, the Attorney General shall submit to Congress the 

16 National Strategy established under subsection (a). 

17 (c) REQUIRED CONTENTS OF NATIONAL STRAT18 EGY.—The National Strategy established under subsection 

19 (a) shall include the following: 

20 (1) Comprehensive long-range, goals for reduc21 ing child exploitation. 

22 (2) Annual measurable objectives and specific 

23 targets to accomplish long-term, quantifiable goals 

24 that the Attorney General determines may be 


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1 achieved during each year beginning on the date 

2 when the National Strategy is submitted. 

3 (3) Annual budget priorities and Federal efforts 

4 dedicated to combating child exploitation, including 

5 resources dedicated to Internet Crimes Against Chil6 dren task forces, Project Safe Childhood, FBI Inno7 cent Images Initiative, the National Center for Miss8 ing and Exploited Children, regional forensic com9 puter labs, Internet Safety programs, and all other 

10 entities whose goal or mission is to combat the ex11 ploitation of children that receive Federal support. 

12 (4) A 5-year projection for program and budget 

13 goals and priorities. 

14 (5) A review of the policies and work of the De15 partment of Justice related to the prevention and in16 vestigation of child exploitation crimes, including ef17 forts at the Office of Justice Programs, the Criminal 

18 Division of the Department of Justice, the Executive 

19 Office of United States Attorneys, the Federal Bu20 reau of Investigation, the Office of the Attorney 

21 General, the Office of the Deputy Attorney General, 

22 the Office of Legal Policy, and any other agency or 

23 bureau of the Department of Justice whose activities 

24 relate to child exploitation. 


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1 (6) A description of the Department’s efforts to 

2 coordinate with international, State, local, tribal law 

3 enforcement, and private sector entities on child ex4 ploitation prevention and interdiction efforts. 

5 (7) Plans for interagency coordination regard6 ing the prevention, investigation, and apprehension 

7 of individuals exploiting children, including coopera8 tion and collaboration with— 

9 (A) Immigration and Customs Enforce10 ment; 

11 (B) the United States Postal Inspection 

12 Service; 

13 (C) the Department of State; 

14 (D) the Department of Commerce; 

15 (E) the Department of Education; 

16 (F) the Department of Health and Human 

17 Services; and 

18 (G) other appropriate Federal agencies. 

19 (8) A review of the Internet Crimes Against 

20 Children Task Force Program, including— 

21 (A) the number of ICAC task forces and 

22 location of each ICAC task force; 

23 (B) the number of trained personnel at 

24 each ICAC task force; 


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1 (C) the amount of Federal grants awarded 

2 to each ICAC task force; 

3 (D) an assessment of the Federal, State, 

4 and local cooperation in each task force, includ5 ing— 

6 (i) the number of arrests made by 

7 each task force; 

8 (ii) the number of criminal referrals 

9 to United States attorneys for prosecution; 

10 (iii) the number of prosecutions and 

11 convictions from the referrals made under 

12 clause (ii); 

13 (iv) the number, if available, of local 

14 prosecutions and convictions based on 

15 ICAC task force investigations; and 

16 (v) any other information dem17 onstrating the level of Federal, State, and 

18 local coordination and cooperation, as such 

19 information is to be determined by the At20 torney General; 

21 (E) an assessment of the training opportu22 nities and technical assistance available to sup23 port ICAC task force grantees; and 

24 (F) an assessment of the success of the 

25 Internet Crimes Against Children Task Force 


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1 Program at leveraging State and local resources 

2 and matching funds. 

3 (9) An assessment of the technical assistance 

4 and support available for Federal, State, local, and 

5 tribal law enforcement agencies, in the prevention, 

6 investigation, and prosecution of child exploitation 

7 crimes. 

8 (10) A review of the backlog of forensic analysis 

9 for child exploitation cases at each FBI Regional 

10 Forensic lab and an estimate of the backlog at State 

11 and local labs. 

12 (11) Plans for reducing the forensic backlog de13 scribed in paragraph (10), if any, at Federal, State 

14 and local forensic labs. 

15 (12) A review of the Federal programs related 

16 to child exploitation prevention and education, in17 cluding those related to Internet safety, including ef18 forts by the private sector and nonprofit entities, or 

19 any other initiatives, that have proven successful in 

20 promoting child safety and Internet safety. 

21 (13) An assessment of the future trends, chal22 lenges, and opportunities, including new tech23 nologies, that will impact Federal, State, local, and 

24 tribal efforts to combat child exploitation. 


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1 (14) Plans for liaisons with the judicial 

2 branches of the Federal and State governments on 

3 matters relating to child exploitation. 

4 (15) An assessment of Federal investigative and 

5 prosecution activity relating to reported incidents of 

6 child exploitation crimes, which shall include a num7 ber of factors, including— 

8 (A) the number of high-priority suspects 

9 (identified because of the volume of suspected 

10 criminal activity or because of the danger to the 

11 community or a potential victim) who were in12 vestigated and prosecuted; 

13 (B) the number of investigations, arrests, 

14 prosecutions and convictions for a crime of 

15 child exploitation; and 

16 (C) the average sentence imposed and stat17 utory maximum for each crime of child exploi18 tation. 

19 (16) A review of all available statistical data in20 dicating the overall magnitude of child pornography 

21 trafficking in the United States and internationally, 

22 including— 

23 (A) the number of computers or computer 

24 users, foreign and domestic, observed engaging 

25 in, or suspected by law enforcement agencies 


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1 and other sources of engaging in, peer-to-peer 

2 file sharing of child pornography; 

3 (B) the number of computers or computer 

4 users, foreign and domestic, observed engaging 

5 in, or suspected by law enforcement agencies 

6 and other reporting sources of engaging in, 

7 buying and selling, or other commercial activity 

8 related to child pornography; 

9 (C) the number of computers or computer 

10 users, foreign and domestic, observed engaging 

11 in, or suspected by law enforcement agencies 

12 and other sources of engaging in, all other 

13 forms of activity related to child pornography; 

14 (D) the number of tips or other statistical 

15 data from the National Center for Missing and 

16 Exploited Children’s CybertTipline and other 

17 data indicating the magnitude of child pornog18 raphy trafficking; and 

19 (E) any other statistical data indicating 

20 the type, nature, and extent of child exploi21 tation crime in the United States and abroad. 

22 (17) Copies of recent relevant research and 

23 studies related to child exploitation, including— 


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1 (A) studies related to the link between pos2 session or trafficking of child pornography and 

3 actual abuse of a child; 

4 (B) studies related to establishing a link 

5 between the types of files being viewed or 

6 shared and the type of illegal activity; and 

7 (C) any other research, studies, and avail8 able information related to child exploitation. 

9 (18) A review of the extent of cooperation, co10 ordination, and mutual support between private sec11 tor and other entities and organizations and Federal 

12 agencies, including the involvement of States, local 

13 and tribal government agencies to the extent Federal 

14 programs are involved. 

15 (19) The results of the Project Safe Childhood 

16 Conference or other conferences or meetings con17 vened by the Department of Justice related to com18 bating child exploitation 

19 (d) APPOINTMENT OF HIGH-LEVEL OFFICIAL.— 

20 (1) IN GENERAL.—There shall be created in the 

21 Office of Legal Policy of the Department of Justice 

22 the position of Special Assistant to the Assistant At23 torney General for Child Exploitation and Interdic24 tion, whose duties shall include coordinating the deVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 velopment of the National Strategy established 

2 under subsection (a). 

3 (2) DUTIES.—The duties of the official des4 ignated under paragraph (1) shall include— 

5 (A) acting as a liaison with all Federal 

6 agencies regarding the development of the Na7 tional Strategy; 

8 (B) working to ensure that there is proper 

9 coordination among agencies in developing the 

10 National Strategy; 

11 (C) being knowledgeable about budget pri12 orities and familiar with all efforts within the 

13 Department of Justice and the FBI related to 

14 child exploitation prevention and interdiction; 

15 and 

16 (D) communicating the National Strategy 

17 to Congress and being available to answer ques18 tions related to the strategy at congressional 

19 hearings, if requested by committees of appro20 priate jurisdictions, on the contents of the Na21 tional Strategy and progress of the Department 

22 of Justice in implementing the National Strat23 egy. 


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1 SEC. 2812. ESTABLISHMENT OF NATIONAL ICAC TASK 

2 FORCE PROGRAM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established within 

5 the Department of Justice, under the general au6 thority of the Attorney General, a National Internet 

7 Crimes Against Children Task Force Program (here8 inafter in this title referred to as the ‘‘ICAC Task 

9 Force Program’’), which shall consist of a national 

10 program of State and local law enforcement task 

11 forces dedicated to developing effective responses to 

12 online enticement of children by sexual predators, 

13 child exploitation, and child obscenity and pornog14 raphy cases. 

15 (2) INTENT OF CONGRESS.—It is the purpose 

16 and intent of Congress that the ICAC Task Force 

17 Program established under paragraph (1) is in18 tended to continue the ICAC Task Force Program 

19 authorized under title I of the Departments of Com20 merce, Justice, and State, the Judiciary, and Re21 lated Agencies Appropriations Act, 1998, and fund22 ed under title IV of the Juvenile Justice and Delin23 quency Prevention Act of 1974. 

24 (b) NATIONAL PROGRAM.— 

25 (1) STATE REPRESENTATION.—The ICAC Task 

26 Force Program established under subsection (a) 


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1 shall include at least 1 ICAC task force in each 

2 State. 

3 (2) CAPACITY AND CONTINUITY OF INVESTIGA4 TIONS.—In order to maintain established capacity 

5 and continuity of investigations and prosecutions of 

6 child exploitation cases, the Attorney General, shall, 

7 in establishing the ICAC Task Force Program under 

8 subsection (a) consult with and consider all 59 task 

9 forces in existence on the date of enactment of this 

10 Act. The Attorney General shall include all existing 

11 ICAC task forces in the ICAC Task Force Program, 

12 unless the Attorney General makes a determination 

13 that an existing ICAC does not have a proven track 

14 record of success. 

15 (3) ONGOING REVIEW.—The Attorney General 

16 shall— 

17 (A) conduct periodic reviews of the effec18 tiveness of each ICAC task force established 

19 under this section; and 

20 (B) have the discretion to establish a new 

21 task force if the Attorney General determines 

22 that such decision will enhance the effectiveness 

23 of combating child exploitation provided that 

24 the Attorney General notifies Congress in ad25 vance of any such decision and that each state 


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1 maintains at least 1 ICAC task force at all 

2 times. 

3 (4) TRAINING.— 

4 (A) IN GENERAL.—The Attorney General 

5 may establish national training programs to 

6 support the mission of the ICAC task forces, in7 cluding the effective use of the National Inter8 net Crimes Against Children Data System. 

9 (B) LIMITATION.—In establishing training 

10 courses under this paragraph, the Attorney 

11 General may not award any one entity other 

12 than a law enforcement agency more than 

13 $2,000,000 annually to establish and conduct 

14 training courses for ICAC task force members 

15 and other law enforcement officials. 

16 (C) REVIEW.—The Attorney General 

17 shall— 

18 (i) conduct periodic reviews of the ef19 fectiveness of each training session author20 ized by this paragraph; and 

21 (ii) consider outside reports related to 

22 the effective use of Federal funding in 

23 making future grant awards for training. 


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1 SEC. 2813. PURPOSE OF ICAC TASK FORCES. 

2 The ICAC Task Force Program, and each State or 

3 local ICAC task force that is part of the national program 

4 of task forces, shall be dedicated toward— 

5 (1) increasing the investigative capabilities of 

6 State and local law enforcement officers in the de7 tection, investigation, and apprehension of Internet 

8 crimes against children offenses or offenders, includ9 ing technology-facilitated child exploitation offenses; 

10 (2) conducting proactive and reactive Internet 

11 crimes against children investigations; 

12 (3) providing training and technical assistance 

13 to ICAC task forces and other Federal, State, and 

14 local law enforcement agencies in the areas of inves15 tigations, forensics, prosecution, community out16 reach, and capacity-building, using recognized ex17 perts to assist in the development and delivery of 

18 training programs; 

19 (4) increasing the number of Internet crimes 

20 against children offenses being investigated and 

21 prosecuted in both Federal and State courts; 

22 (5) creating a multiagency task force response 

23 to Internet crimes against children offenses within 

24 each State; 

25 (6) participating in the Department of Justice’s 

26 Project Safe Childhood initiative, the purpose of 


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1 which is to combat technology-facilitated sexual ex2 ploitation crimes against children; 

3 (7) enhancing nationwide responses to Internet 

4 crimes against children offenses, including assisting 

5 other ICAC task forces, as well as other Federal, 

6 State, and local agencies with Internet crimes 

7 against children investigations and prosecutions; 

8 (8) developing and delivering Internet crimes 

9 against children public awareness and prevention 

10 programs; and 

11 (9) participating in such other activities, both 

12 proactive and reactive, that will enhance investiga13 tions and prosecutions of Internet crimes against 

14 children. 

15 SEC. 2814. DUTIES AND FUNCTIONS OF TASK FORCES. 

16 Each State or local ICAC task force that is part of 

17 the national program of task forces shall— 

18 (1) consist of State and local investigators, 

19 prosecutors, forensic specialists, and education spe20 cialists who are dedicated to addressing the goals of 

21 such task force; 

22 (2) work consistently toward achieving the pur23 poses described in section 2813; 


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1 (3) engage in proactive investigations, forensic 

2 examinations, and effective prosecutions of Internet 

3 crimes against children; 

4 (4) provide forensic, preventive, and investiga5 tive assistance to parents, educators, prosecutors, 

6 law enforcement, and others concerned with Internet 

7 crimes against children; 

8 (5) develop multijurisdictional, multiagency re9 sponses and partnerships to Internet crimes against 

10 children offenses through ongoing informational, ad11 ministrative, and technological support to other 

12 State and local law enforcement agencies, as a 

13 means for such agencies to acquire the necessary 

14 knowledge, personnel, and specialized equipment to 

15 investigate and prosecute such offenses; 

16 (6) participate in nationally coordinated inves17 tigations in any case in which the Attorney General 

18 determines such participation to be necessary, as 

19 permitted by the available resources of such task 

20 force; 

21 (7) establish or adopt investigative and prosecu22 tion standards, consistent with established norms, to 

23 which such task force shall comply; 

24 (8) investigate, and seek prosecution on, tips 

25 related to Internet crimes against children, including 


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1 tips from Operation Fairplay, the National Internet 

2 Crimes Against Children Data System established in 

3 section 2815, the National Center for Missing and 

4 Exploited Children’s CyberTipline, ICAC task forces, 

5 and other Federal, State, and local agencies, with 

6 priority being given to investigative leads that indi7 cate the possibility of identifying or rescuing child 

8 victims, including investigative leads that indicate a 

9 likelihood of seriousness of offense or dangerousness 

10 to the community; 

11 (9) develop procedures for handling seized evi12 dence; 

13 (10) maintain— 

14 (A) such reports and records as are re15 quired under this part; and 

16 (B) such other reports and records as de17 termined by the Attorney General; and 

18 (11) seek to comply with national standards re19 garding the investigation and prosecution of Internet 

20 crimes against children, as set forth by the Attorney 

21 General, to the extent such standards are consistent 

22 with the law of the State where the task force is lo23 cated. 


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1 SEC. 2815. NATIONAL INTERNET CRIMES AGAINST CHIL2 DREN DATA SYSTEM. 

3 (a) IN GENERAL.—The Attorney General shall estab4 lish, consistent with all existing Federal laws relating to 

5 the protection of privacy, a National Internet Crimes 

6 Against Children Data System. The system shall not be 

7 used to search for or obtain any information that does 

8 not involve the use of the Internet to post or traffic images 

9 of child exploitation. 

10 (b) PURPOSE OF SYSTEM.—The National Internet 

11 Crimes Against Children Data System established under 

12 subsection (a) shall be dedicated to assisting and sup13 porting credentialed law enforcement agencies authorized 

14 to investigate child exploitation in accordance with Fed15 eral, State, local, and tribal laws, including by providing 

16 assistance and support to— 

17 (1) Federal agencies investigating and pros18 ecuting child exploitation; 

19 (2) the ICAC Task Force Program established 

20 under section 2812; 

21 (3) State, local, and tribal agencies inves22 tigating and prosecuting child exploitation; and 

23 (4) foreign or international law enforcement 

24 agencies, subject to approval by the Attorney Gen25 eral. 


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1 (c) CYBER SAFE DECONFLICTION AND INFORMATION

2 SHARING.—The National Internet Crimes Against Chil3 dren Data System established under subsection (a)— 

4 (1) shall be housed and maintained within the 

5 Department of Justice or a credentialed law enforce6 ment agency; 

7 (2) shall be made available for a nominal 

8 charge to support credentialed law enforcement 

9 agencies in accordance with subsection (b); and 

10 (3) shall— 

11 (A) allow Federal, State, local, and tribal 

12 agencies and ICAC task forces investigating 

13 and prosecuting child exploitation to contribute 

14 and access data for use in resolving case con15 flicts; 

16 (B) provide, directly or in partnership with 

17 a credentialed law enforcement agency, a dy18 namic undercover infrastructure to facilitate on19 line law enforcement investigations of child ex20 ploitation; 

21 (C) facilitate the development of essential 

22 software and network capability for law enforce23 ment participants; and 

24 (D) provide software or direct hosting and 

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1 tation activities, or, in the alternative, provide 

2 users with a secure connection to an alternative 

3 system that provides such capabilities, provided 

4 that the system is hosted within a governmental 

5 agency or a credentialed law enforcement agen6 cy. 

7 (d) COLLECTION AND REPORTING OF DATA.— 

8 (1) IN GENERAL.—The National Internet 

9 Crimes Against Children Data System established 

10 under subsection (a) shall ensure the following: 

11 (A) REAL-TIME REPORTING.—All child ex12 ploitation cases involving local child victims that 

13 are reasonably detectable using available soft14 ware and data are, immediately upon their de15 tection, made available to participating law en16 forcement agencies. 

17 (B) HIGH-PRIORITY SUSPECTS.—Every 30 

18 days, at minimum, the National Internet 

19 Crimes Against Children Data System shall— 

20 (i) identify high-priority suspects, as 

21 such suspects are determined by the vol22 ume of suspected criminal activity or other 

23 indicators of seriousness of offense or dan24 gerousness to the community or a potential 

25 local victim; and 


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1 (ii) report all such identified high-pri2 ority suspects to participating law enforce3 ment agencies. 

4 (C) ANNUAL REPORTS.—Any statistical 

5 data indicating the overall magnitude of child 

6 pornography trafficking and child exploitation 

7 in the United States and internationally is 

8 made available and included in the National 

9 Strategy, as is required under section 

10 2811(c)(16). 

11 (2) RULE OF CONSTRUCTION.—Nothing in this 

12 subsection shall be construed to limit the ability of 

13 participating law enforcement agencies to dissemi14 nate investigative leads or statistical information in 

15 accordance with State and local laws. 

16 (e) MANDATORY REQUIREMENTS OF NETWORK.— 

17 The National Internet Crimes Against Children Data Sys18 tem established under subsection (a) shall develop, deploy, 

19 and maintain an integrated technology and training pro20 gram that provides— 

21 (1) a secure, online system for Federal law en22 forcement agencies, ICAC task forces, and other 

23 State, local, and tribal law enforcement agencies for 

24 use in resolving case conflicts, as provided in sub25 section (c); 


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1 (2) a secure system enabling online communica2 tion and collaboration by Federal law enforcement 

3 agencies, ICAC task forces, and other State, local, 

4 and tribal law enforcement agencies regarding ongo5 ing investigations, investigatory techniques, best 

6 practices, and any other relevant news and profes7 sional information; 

8 (3) a secure online data storage and analysis 

9 system for use by Federal law enforcement agencies, 

10 ICAC task forces, and other State, local, and tribal 

11 law enforcement agencies; 

12 (4) secure connections or interaction with State 

13 and local law enforcement computer networks, con14 sistent with reasonable and established security pro15 tocols and guidelines; 

16 (5) guidelines for use of the National Internet 

17 Crimes Against Children Data System by Federal, 

18 State, local, and tribal law enforcement agencies and 

19 ICAC task forces; and 

20 (6) training and technical assistance on the use 

21 of the National Internet Crimes Against Children 

22 Data System by Federal, State, local, and tribal law 

23 enforcement agencies and ICAC task forces. 

24 (f) NATIONAL INTERNET CRIMES AGAINST CHIL25 DREN DATA SYSTEM STEERING COMMITTEE.—The AttorVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ney General shall establish a National Internet Crimes 

2 Against Children Data System Steering Committee to pro3 vide guidance to the Network relating to the program 

4 under subsection (e), and to assist in the development of 

5 strategic plans for the System. The Steering Committee 

6 shall consist of 10 members with expertise in child exploi7 tation prevention and interdiction prosecution, investiga8 tion, or prevention, including— 

9 (1) 3 representatives elected by the local direc10 tors of the ICAC task forces, such representatives 

11 shall represent different geographic regions of the 

12 country; 

13 (2) 1 representative of the Department of Jus14 tice Office of Information Services; 

15 (3) 1 representative from Operation Fairplay, 

16 currently hosted at the Wyoming Office of the Attor17 ney General; 

18 (4) 1 representative from the law enforcement 

19 agency having primary responsibility for hosting and 

20 maintaining the National Internet Crimes Against 

21 Children Data System; 

22 (5) 1 representative of the Federal Bureau of 

23 Investigation’s Innocent Images National Initiative 

24 or Regional Computer Forensic Lab program; 


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1 (6) 1 representative of the Immigration and 

2 Customs Enforcement’s Cyber Crimes Center; 

3 (7) 1 representative of the United States Postal 

4 Inspection Service; and 

5 (8) 1 representative of the Department of Jus6 tice. 

7 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for each of the fiscal 

9 years 2009 through 2016, $2,000,000 to carry out the 

10 provisions of this section. 

11 (h) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to authorize any activity that is 

13 inconsistent with any Federal law, regulation, or constitu14 tional constraint. 

15 SEC. 2816. ICAC GRANT PROGRAM. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—The Attorney General is au18 thorized to award grants to State and local ICAC 

19 task forces to assist in carrying out the duties and 

20 functions described under section 2814. 

21 (2) FORMULA GRANTS.— 

22 (A) DEVELOPMENT OF FORMULA.—At 

23 least 75 percent of the total funds appropriated 

24 to carry out this section shall be available to 

25 award or otherwise distribute grants pursuant 


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1 to a funding formula established by the Attor2 ney General in accordance with the require3 ments in subparagraph (B). 

4 (B) FORMULA REQUIREMENTS.—Any for5 mula established by the Attorney General under 

6 subparagraph (A) shall— 

7 (i) ensure that each State or local 

8 ICAC task force shall, at a minimum, re9 ceive an amount equal to 0.5 percent of 

10 the funds available to award or otherwise 

11 distribute grants under subparagraph (A); 

12 and 

13 (ii) take into consideration the fol14 lowing factors: 

15 (I) The population of each State, 

16 as determined by the most recent de17 cennial census performed by the Bu18 reau of the Census. 

19 (II) The number of investigative 

20 leads within the applicant’s jurisdic21 tion generated by Operation Fairplay, 

22 the ICAC Data Network, the 

23 CyberTipline, and other sources. 

24 (III) The number of criminal 

25 cases related to Internet crimes 


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1 against children referred to a task 

2 force for Federal, State, or local pros3 ecution. 

4 (IV) The number of successful 

5 prosecutions of child exploitation 

6 cases by a task force. 

7 (V) The amount of training, 

8 technical assistance, and public edu9 cation or outreach by a task force re10 lated to the prevention, investigation, 

11 or prosecution of child exploitation of12 fenses. 

13 (VI) Such other criteria as the 

14 Attorney General determines dem15 onstrate the level of need for addi16 tional resources by a task force. 

17 (3) DISTRIBUTION OF REMAINING FUNDS

18 BASED ON NEED.— 

19 (A) IN GENERAL.—Any funds remaining 

20 from the total funds appropriated to carry out 

21 this section after funds have been made avail22 able to award or otherwise distribute formula 

23 grants under paragraph (2)(A) shall be distrib24 uted to State and local ICAC task forces based 

25 upon need, as set forth by criteria established 


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1 by the Attorney General. Such criteria shall in2 clude the factors under paragraph (2)(B)(ii). 

3 (B) MATCHING REQUIREMENT.—A State 

4 or local ICAC task force shall contribute match5 ing non-Federal funds in an amount equal to 

6 not less than 25 percent of the amount of funds 

7 received by the State or local ICAC task force 

8 under subparagraph (A). A State or local ICAC 

9 task force that is not able or willing to con10 tribute matching funds in accordance with this 

11 subparagraph shall not be eligible for funds 

12 under subparagraph (A). 

13 (C) WAIVER.—The Attorney General may 

14 waive, in whole or in part, the matching re15 quirement under subparagraph (B) if the State 

16 or local ICAC task force demonstrates good 

17 cause or financial hardship. 

18 (b) APPLICATION.— 

19 (1) IN GENERAL.—Each State or local ICAC 

20 task force seeking a grant under this section shall 

21 submit an application to the Attorney General at 

22 such time, in such manner, and accompanied by 

23 such information as the Attorney General may rea24 sonably require. 


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1 (2) CONTENTS.—Each application submitted 

2 pursuant to paragraph (1) shall— 

3 (A) describe the activities for which assist4 ance under this section is sought; and 

5 (B) provide such additional assurances as 

6 the Attorney General determines to be essential 

7 to ensure compliance with the requirements of 

8 this part. 

9 (c) ALLOWABLE USES.—Grants awarded under this 

10 section may be used to— 

11 (1) hire personnel, investigators, prosecutors, 

12 education specialists, and forensic specialists; 

13 (2) establish and support forensic laboratories 

14 utilized in Internet crimes against children investiga15 tions; 

16 (3) support investigations and prosecutions of 

17 Internet crimes against children; 

18 (4) conduct and assist with education programs 

19 to help children and parents protect themselves from 

20 Internet predators; 

21 (5) conduct and attend training sessions related 

22 to successful investigations and prosecutions of 

23 Internet crimes against children; and 


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1 (6) fund any other activities directly related to 

2 preventing, investigating, or prosecuting Internet 

3 crimes against children. 

4 (d) REPORTING REQUIREMENTS.— 

5 (1) ICAC REPORTS.—To measure the results of 

6 the activities funded by grants under this section, 

7 and to assist the Attorney General in complying with 

8 the Government Performance and Results Act (Pub9 lic Law 103–62; 107 Stat. 285), each State or local 

10 ICAC task force receiving a grant under this section 

11 shall, on an annual basis, submit a report to the At12 torney General that sets forth the following: 

13 (A) Staffing levels of the task force, in14 cluding the number of investigators, prosecu15 tors, education specialists, and forensic special16 ists dedicated to investigating and prosecuting 

17 Internet crimes against children. 

18 (B) Investigation and prosecution perform19 ance measures of the task force, including— 

20 (i) the number of investigations initi21 ated related to Internet crimes against 

22 children; 

23 (ii) the number of arrests related to 

24 Internet crimes against children; and 


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1 (iii) the number of prosecutions for 

2 Internet crimes against children, includ3 ing— 

4 (I) whether the prosecution re5 sulted in a conviction for such crime; 

6 and 

7 (II) the sentence and the statu8 tory maximum for such crime under 

9 State law. 

10 (C) The number of referrals made by the 

11 task force to the United States Attorneys office, 

12 including whether the referral was accepted by 

13 the United States Attorney. 

14 (D) Statistics that account for the disposi15 tion of investigations that do not result in ar16 rests or prosecutions, such as referrals to other 

17 law enforcement. 

18 (E) The number of investigative technical 

19 assistance sessions that the task force provided 

20 to nonmember law enforcement agencies. 

21 (F) The number of computer forensic ex22 aminations that the task force completed. 

23 (G) The number of law enforcement agen24 cies participating in Internet crimes against 


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1 children program standards established by the 

2 task force. 

3 (2) REPORT TO CONGRESS.—Not later than 1 

4 year after the date of enactment of this Act, the At5 torney General shall submit a report to Congress 

6 on— 

7 (A) the progress of the development of the 

8 ICAC Task Force Program established under 

9 section 2812; and 

10 (B) the number of Federal and State in11 vestigations, prosecutions, and convictions in 

12 the prior 12-month period related to child ex13 ploitation. 

14 SEC. 2817. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There are authorized to be appro16 priated to carry out this part— 

17 (1) $60,000,000 for fiscal year 2009; 

18 (2) $60,000,000 for fiscal year 2010; 

19 (3) $60,000,000 for fiscal year 2011; 

20 (4) $60,000,000 for fiscal year 2012; and 

21 (5) $60,000,000 for fiscal year 2013. 

22 (b) AVAILABILITY.—Funds appropriated under sub23 section (a) shall remain available until expended. 


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1 PART II—ADDITIONAL MEASURES TO COMBAT 

2 CHILD EXPLOITATION 

3 SEC. 2821. ADDITIONAL REGIONAL COMPUTER FORENSIC 

4 LABS. 

5 (a) ADDITIONAL RESOURCES.—The Attorney Gen6 eral shall establish additional computer forensic capacity 

7 to address the current backlog for computer forensics, in8 cluding for child exploitation investigations. The Attorney 

9 General may utilize funds under this part to increase ca10 pacity at existing regional forensic laboratories or to add 

11 laboratories under the Regional Computer Forensic Lab12 oratories Program operated by the Federal Bureau of In13 vestigation. 

14 (b) PURPOSE OF NEW RESOURCES.—The additional 

15 forensic capacity established by resources provided under 

16 this section shall be dedicated to assist Federal agencies, 

17 State and local Internet Crimes Against Children task 

18 forces, and other Federal, State, and local law enforce19 ment agencies in preventing, investigating, and pros20 ecuting Internet crimes against children. 

21 (c) NEW COMPUTER FORENSIC LABS.—If the Attor22 ney General determines that new regional computer foren23 sic laboratories are required under subsection (a) to best 

24 address existing backlogs, such new laboratories shall be 

25 established pursuant to subsection (d). 


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1 (d) LOCATION OF NEW LABS.—The location of any 

2 new regional computer forensic laboratories under this 

3 section shall be determined by the Attorney General, in 

4 consultation with the Director of the Federal Bureau of 

5 Investigation, the Regional Computer Forensic Laboratory 

6 National Steering Committee, and other relevant stake7 holders. 

8 (e) REPORT.—Not later than 1 year after the date 

9 of enactment of this Act, and every year thereafter, the 

10 Attorney General shall submit a report to the Congress 

11 on how the funds appropriated under this section were uti12 lized. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated for fiscal years 2009 

15 through 2013, $2,000,000 to carry out the provisions of 

16 this section. 

17 PART III—EFFECTIVE CHILD PORNOGRAPHY 

18 PROSECUTION 

19 SEC. 2831. PROHIBIT THE BROADCAST OF LIVE IMAGES OF 

20 CHILD ABUSE. 

21 Section 2251 of title 18, United States Code is 

22 amended— 

23 (1) in subsection (a), by— 

24 (A) inserting ‘‘or for the purpose of trans25 mitting a live visual depiction of such conduct’’ 


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1 after ‘‘for the purpose of producing any visual 

2 depiction of such conduct’’; 

3 (B) inserting ‘‘or transmitted’’ after ‘‘if 

4 such person knows or has reason to know that 

5 such visual depiction will be transported’’; 

6 (C) inserting ‘‘or transmitted’’ after ‘‘if 

7 that visual depiction was produced’’; and 

8 (D) inserting ‘‘or transmitted’’ after ‘‘has 

9 actually been transported’’; and 

10 (2) in subsection (b), by— 

11 (A) inserting ‘‘or for the purpose of trans12 mitting a live visual depiction of such conduct’’ 

13 after ‘‘for the purpose of producing any visual 

14 depiction of such conduct’’; 

15 (B) inserting ‘‘or transmitted’’ after ‘‘per16 son knows or has reason to know that such vis17 ual depiction will be transported’’; 

18 (C) inserting ‘‘or transmitted’’ after ‘‘if 

19 that visual depiction was produced’’; and 

20 (D) inserting ‘‘or transmitted’’ after ‘‘has 

21 actually been transported’’. 

22 SEC. 2832. AMENDMENT TO SECTION 2256 OF TITLE 18, 

23 UNITED STATES CODE. 

24 Section 2256(5) of title 18, United States Code is 

25 amended by— 


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1 (1) striking ‘‘and’’ before ‘‘data’’; 

2 (2) after ‘‘visual image’’ by inserting ‘‘, and 

3 data which is capable of conversion into a visual 

4 image that has been transmitted by any means, 

5 whether or not stored in a permanent format’’. 

6 SEC. 2833. AMENDMENT TO SECTION 2260 OF TITLE 18, 

7 UNITED STATES CODE. 

8 Section 2260(a) of title 18, United States Code, is 

9 amended by— 

10 (1) inserting ‘‘or for the purpose of transmit11 ting a live visual depiction of such conduct’’ after 

12 ‘‘for the purpose of producing any visual depiction of 

13 such conduct’’; and 

14 (2) inserting ‘‘or transmitted’’ after ‘‘im15 ported’’. 

16 SEC. 2834. PROHIBITING THE ADAPTATION OR MODIFICA17 TION OF AN IMAGE OF AN IDENTIFIABLE 

18 MINOR TO PRODUCE CHILD PORNOGRAPHY. 

19 (a) OFFENSE.—Subsection (a) of section 2252A of 

20 title 18, United States Code, is amended— 

21 (1) in paragraph (5), by striking ‘‘; or’’ at the 

22 end and inserting a semicolon; 

23 (2) in paragraph (6), by striking the period at 

24 the end and inserting ‘‘; or’’; and 


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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) in or affecting interstate or foreign com4 merce, knowingly modifies, with intent to distribute, 

5 a visual depiction of an identifiable minor so that 

6 the depiction becomes child pornography.’’. 

7 (b) PUNISHMENT.—Subsection (b) of section 2252A 

8 of title 18, United States Code, is amended by adding at 

9 the end the following: 

10 ‘‘(3) Whoever violates, or attempts or conspires 

11 to violate, subsection (a)(7) shall be fined under this 

12 title or imprisoned not more than 15 years, or 

13 both.’’. 

14 PART IV—NATIONAL INSTITUTE OF JUSTICE 

15 STUDY OF RISK FACTORS 

16 SEC. 2841. NIJ STUDY OF RISK FACTORS FOR ASSESSING 

17 DANGEROUSNESS. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, the National Institute of 

20 Justice shall prepare a report to identify investigative fac21 tors that reliably indicate whether a subject of an online 

22 child exploitation investigation poses a high risk of harm 

23 to children. Such a report shall be prepared in consulta24 tion and coordination with Federal law enforcement agen25 cies, the National Center for Missing and Exploited ChilVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 dren, Operation Fairplay at the Wyoming Attorney Gen2 eral’s Office, the Internet Crimes Against Children Task 

3 Force, and other State and local law enforcement. 

4 (b) CONTENTS OF ANALYSIS.—The report required 

5 by subsection (a) shall include a thorough analysis of po6 tential investigative factors in on-line child exploitation 

7 cases and an appropriate examination of investigative data 

8 from prior prosecutions and case files of identified child 

9 victims. 

10 (c) REPORT TO CONGRESS.—Not later than 1 year 

11 after the date of enactment of this Act, the National Insti12 tute of Justice shall submit a report to the House and 

13 Senate Judiciary Committees that includes the findings of 

14 the study required by this section and makes recommenda15 tions on technological tools and law enforcement proce16 dures to help investigators prioritize scarce resources to 

17 those cases where there is actual hands-on abuse by the 

18 suspect. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $500,000 to the Na21 tional Institute of Justice to conduct the study required 

22 under this section. 


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1 TITLE III—ENVIRONMENT AND 

2 PUBLIC WORKS PROVSIONS 

3 Subtitle A—Captive Primate Safety 

4 Act 

5 SEC. 3001. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Captive Primate 

7 Safety Act’’. 

8 SEC. 3002. ADDITION OF NONHUMAN PRIMATES TO DEFINI9 TION OF PROHIBITED WILDLIFE SPECIES. 

10 Section 2(g) of the Lacey Act Amendments of 1981 

11 (16 U.S.C. 3371(g)) is amended by inserting before the 

12 period at the end ‘‘or any nonhuman primate’’. 

13 SEC. 3003. CAPTIVE WILDLIFE AMENDMENTS. 

14 (a) PROHIBITED ACTS.—Section 3 of the Lacey Act 

15 Amendments of 1981 (16 U.S.C. 3372) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (2)— 

18 (i) in subparagraph (A), by inserting 

19 ‘‘or’’ after the semicolon; 

20 (ii) in subparagraph (B)(iii), by strik21 ing ‘‘; or’’ and inserting a semicolon; and 

22 (iii) by striking subparagraph (C); 

23 and 

24 (B) in paragraph (4), by inserting ‘‘or sub25 section (e)’’ before the period; and 


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1 (2) in subsection (e)— 

2 (A) by redesignating paragraphs (2), (3), 

3 (4), and (5) as paragraphs (3), (4), (5), and (6) 

4 respectively; 

5 (B) by striking ‘‘(e)’’ and all that follows 

6 through ‘‘Subsection (a)(2)(C) does not apply’’ 

7 in paragraph (1) and inserting the following: 

8 ‘‘(e) CAPTIVE WILDLIFE OFFENSE.— 

9 ‘‘(1) IN GENERAL.—It is unlawful for any per10 son to import, export, transport, sell, receive, ac11 quire, or purchase in interstate or foreign commerce 

12 any live animal of any prohibited wildlife species. 

13 ‘‘(2) LIMITATION ON APPLICATION.—This sub14 section— 

15 ‘‘(A) does not apply to a person trans16 porting a nonhuman primate to or from a vet17 erinarian who is licensed to practice veterinary 

18 medicine within the United States, solely for 

19 the purpose of providing veterinary care to the 

20 nonhuman primate, if— 

21 ‘‘(i) the person transporting the 

22 nonhuman primate carries written docu23 mentation issued by the veterinarian, in24 cluding the appointment date and location; 


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1 ‘‘(ii) the nonhuman primate is trans2 ported in a secure enclosure appropriate 

3 for that species of primate; 

4 ‘‘(iii) the nonhuman primate has no 

5 contact with any other animals or members 

6 of the public, other than the veterinarian 

7 and other authorized medical personnel 

8 providing veterinary care; and 

9 ‘‘(iv) such transportation and provi10 sion of veterinary care is in accordance 

11 with all otherwise applicable State and 

12 local laws, regulations, permits, and health 

13 certificates; 

14 ‘‘(B) does not apply to a person trans15 porting a nonhuman primate to a legally des16 ignated caregiver for the nonhuman primate as 

17 a result of the death of the preceding owner of 

18 the nonhuman primate, if— 

19 ‘‘(i) the person transporting the 

20 nonhuman primate is carrying legal docu21 mentation to support the need for trans22 porting the nonhuman primate to the le23 gally designated caregiver; 


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1 ‘‘(ii) the nonhuman primate is trans2 ported in a secure enclosure appropriate 

3 for the species; 

4 ‘‘(iii) the nonhuman primate has no 

5 contact with any other animals or members 

6 of the public while being transported to the 

7 legally designated caregiver; and 

8 ‘‘(iv) all applicable State and local re9 strictions on such transport, and all appli10 cable State and local requirements for per11 mits or health certificates, are complied 

12 with; 

13 ‘‘(C) does not apply to a person trans14 porting a nonhuman primate solely for the pur15 pose of assisting an individual who is perma16 nently disabled with a severe mobility impair17 ment, if— 

18 ‘‘(i) the nonhuman primate is a single 

19 animal of the genus Cebus; 

20 ‘‘(ii) the nonhuman primate was ob21 tained from, and trained at, a licensed 

22 nonprofit organization described in section 

23 501(c)(3) of the Internal Revenue Code of 

24 1986 the nonprofit tax status of which was 

25 obtained— 


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1 ‘‘(I) before July 18, 2008; and 

2 ‘‘(II) on the basis that the mis3 sion of the organization is to improve 

4 the quality of life of severely mobility5 impaired individuals; 

6 ‘‘(iii) the person transporting the 

7 nonhuman primate is a specially trained 

8 employee or agent of a nonprofit organiza9 tion described in clause (ii) that is trans10 porting the nonhuman primate to or from 

11 a designated individual who is permanently 

12 disabled with a severe mobility impairment, 

13 or to or from a licensed foster care home 

14 providing specialty training of the 

15 nonhuman primate solely for purposes of 

16 assisting an individual who is permanently 

17 disabled with severe mobility impairment; 

18 ‘‘(iv) the person transporting the 

19 nonhuman primate carries documentation 

20 from the applicable nonprofit organization 

21 that includes the name of the designated 

22 individual referred to in clause (iii); 

23 ‘‘(v) the nonhuman primate is trans24 ported in a secure enclosure that is appro25 priate for that species; 


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1 ‘‘(vi) the nonhuman primate has no 

2 contact with any animal or member of the 

3 public, other than the designated individual 

4 referred to in clause (iii); and 

5 ‘‘(vii) the transportation of the 

6 nonhuman primate is in compliance with— 

7 ‘‘(I) all applicable State and local 

8 restrictions regarding the transport; 

9 and 

10 ‘‘(II) all applicable State and 

11 local requirements regarding permits 

12 or health certificates; and 

13 ‘‘(D) does not apply’’; 

14 (C) in paragraph (2) (as redesignated by 

15 subparagraph (A))— 

16 (i) by striking ‘‘a’’ before ‘‘prohibited’’ 

17 and inserting ‘‘any’’; 

18 (ii) by striking ‘‘(3)’’ and inserting 

19 ‘‘(4)’’; and 

20 (iii) by striking ‘‘(2)’’ and inserting 

21 ‘‘(3)’’; 

22 (D) in paragraph (3) (as redesignated by 

23 subparagraph (A))— 

24 (i) in subparagraph (C)— 


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1 (I) in clauses (ii) and (iii), by 

2 striking ‘‘animals listed in section 

3 2(g)’’ each place it appears and in4 serting ‘‘prohibited wildlife species’’; 

5 and 

6 (II) in clause (iv), by striking 

7 ‘‘animals’’ and inserting ‘‘prohibited 

8 wildlife species’’; and 

9 (ii) in subparagraph (D), by striking 

10 ‘‘animal’’ each place it appears and insert11 ing ‘‘prohibited wildlife species’’; 

12 (E) in paragraph (4) (as redesignated by 

13 subparagraph (A)), by striking ‘‘(2)’’ and in14 serting ‘‘(3)’’; 

15 (F) in paragraph (6) (as redesignated by 

16 subparagraph (A)), by striking ‘‘subsection 

17 (a)(2)(C)’’ and inserting ‘‘this subsection’’; and 

18 (G) by inserting after paragraph (6) (as 

19 redesignated by subparagraph (A)) the fol20 lowing: 

21 ‘‘(7) APPLICATION.—This subsection shall 

22 apply beginning on the effective date of regulations 

23 promulgated under this subsection.’’. 


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1 (b) CIVIL PENALTIES.—Section 4(a) of the Lacey 

2 Act Amendments of 1981 (16 U.S.C. 3373(a)) is amend3 ed— 

4 (1) in paragraph (1), by inserting ‘‘(e),’’ after 

5 ‘‘subsections (b), (d),’’ ; and 

6 (2) in paragraph (1), by inserting ‘‘, (e),’’ after 

7 ‘‘subsection (d)’’. 

8 (c) CRIMINAL PENALTIES.—Section 4(d) of the 

9 Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is 

10 amended— 

11 (1) in paragraphs (1)(A) and (1)(B) and in the 

12 first sentence of paragraph (2), by inserting ‘‘(e),’’ 

13 after ‘‘subsections (b), (d),’’ each place it appears; 

14 and 

15 (2) in paragraph (3), by inserting ‘‘, (e),’’ after 

16 ‘‘subsection (d)’’. 

17 SEC. 3004. APPLICABILITY PROVISION AMENDMENT. 

18 Section 3 of the Captive Wildlife Safety Act (117 

19 Stat. 2871; Public Law 108–191) is amended— 

20 (1) in subsection (a), by striking ‘‘(a) IN GEN21 ERAL.—Section 3’’ and inserting ‘‘Section 3’’; and 

22 (2) by striking subsection (b). 


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1 SEC. 3005. REGULATIONS. 

2 Section 7(a) of the Lacey Act Amendments of 1981 

3 (16 U.S.C. 3376(a)) is amended by adding at the end the 

4 following new paragraph: 

5 ‘‘(3) The Secretary shall, in consultation with 

6 other relevant Federal and State agencies, issue reg7 ulations to implement section 3(e).’’. 

8 SEC. 3006. AUTHORIZATION OF APPROPRIATIONS FOR AD9 DITIONAL LAW ENFORCEMENT PERSONNEL. 

10 In addition to such other amounts as are authorized 

11 to carry out the Lacey Act Amendments of 1981 (16 

12 U.S.C. 3371 et seq.), there is authorized to be appro13 priated to the Secretary of the Interior $5,000,000 for fis14 cal year 2009 to hire additional law enforcement personnel 

15 of the United States Fish and Wildlife Service to enforce 

16 that Act. 

17 Subtitle B—Chesapeake Bay Gate18 ways and Watertrails Network 

19 Continuing Authorization Act 

20 SEC. 3011. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Chesapeake Bay 

22 Gateways and Watertrails Network Continuing Authoriza23 tion Act’’. 

24 SEC. 3012. AUTHORIZATION OF APPROPRIATIONS. 

25 Section 502 of the Chesapeake Bay Initiative Act of 

26 1998 (16 U.S.C. 461 note; Public Law 105–312) is 


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1 amended by striking subsection (c) and inserting the fol2 lowing: 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section.’’. 

6 Subtitle C—Beach Protection Act 

7 of 2008 

8 SEC. 3021. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Beach Protection 

10 Act of 2008’’. 

11 SEC. 3022. BEACHWATER POLLUTION SOURCE IDENTIFICA12 TION AND PREVENTION. 

13 (a) IN GENERAL.—Section 406 of the Federal Water 

14 Pollution Control Act (33 U.S.C. 1346) is amended in 

15 each of subsections (b), (c), (d), (g), and (h) by striking 

16 ‘‘monitoring and notification’’ each place it appears and 

17 inserting ‘‘monitoring, public notification, source tracking, 

18 and sanitary surveys to address the identified sources of 

19 beachwater pollution’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 406(i) of the Federal Water Pollution Control Act (33 

22 U.S.C. 1346(i)) is amended by striking ‘‘$30,000,000 for 

23 each of fiscal years 2001 through 2005’’ and inserting 

24 ‘‘$60,000,000 for each of fiscal years 2008 through 

25 2013’’. 


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1 SEC. 3023. FUNDING FOR BEACHES ENVIRONMENTAL AS2 SESSMENT AND COASTAL HEALTH ACT. 

3 Section 8 of the Beaches Environmental Assessment 

4 and Coastal Health Act of 2000 (114 Stat. 877) is amend5 ed by striking ‘‘2005’’ and inserting ‘‘2013’’. 

6 SEC. 3024. STATE REPORTS. 

7 Section 406(b)(3)(A)(ii) of the Federal Water Pollu8 tion Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended 

9 by inserting ‘‘and all environmental agencies of the State 

10 with authority to prevent or treat sources of beachwater 

11 pollution’’ after ‘‘public’’. 

12 SEC. 3025. USE OF RAPID TESTING METHODS. 

13 (a) CONTENTS OF STATE AND LOCAL GOVERNMENT

14 PROGRAMS.—Section 406(c)(4)(A) of the Federal Water 

15 Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is 

16 amended by inserting ‘‘, including the use of a rapid test17 ing method after the last day of the 1-year period fol18 lowing the date of approval of the rapid testing method 

19 by the Administrator’’ before the semicolon at the end. 

20 (b) REVISED CRITERIA.—Section 304(a)(9) of the 

21 Federal Water Pollution Control Act (33 U.S.C. 

22 1314(a)(9)) is amended— 

23 (1) in subparagraph (A)— 

24 (A) by inserting ‘‘rapid’’ before ‘‘testing’’; 

25 and 

26 (B) by striking ‘‘, as appropriate’’; and 


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

2 ‘‘(C) VALIDATION OF RAPID TESTING

3 METHODS.—Not later than 2 years after the 

4 date of enactment of this subparagraph, and 

5 periodically thereafter, the Administrator shall 

6 validate the rapid testing methods.’’. 

7 (c) DEFINITION.—Section 502 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1362) is amended by 

9 adding at the end the following: 

10 ‘‘(25) RAPID TESTING METHOD.—The term 

11 ‘rapid testing method’ means a method of testing for 

12 which results are available within 2 hours after com13 mencement of the rapid testing method.’’. 

14 SEC. 3026. PROMPT COMMUNICATION WITH STATE ENVI15 RONMENTAL AGENCIES. 

16 Section 406(c)(5) of the Federal Water Pollution 

17 Control Act (33 U.S.C. 1346(c)(5)) is amended— 

18 (1) in the matter preceding subparagraph (A), 

19 by striking ‘‘prompt communication’’ and inserting 

20 ‘‘communication within 24 hours of the receipt of 

21 the results of a water quality sample’’; 

22 (2) in subparagraph (A), by striking ‘‘and’’ at 

23 the end; 

24 (3) in subparagraph (B), by inserting ‘‘and’’ 

25 after the semicolon at the end; and 


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1 (4) by adding at the end the following: 

2 ‘‘(C) all agencies of the State government 

3 with authority to require the prevention or 

4 treatment of the sources of beachwater pollu5 tion;’’. 

6 SEC. 3027. CONTENT OF STATE AND LOCAL PROGRAMS. 

7 Section 406(c) of the Federal Water Pollution Con8 trol Act (33 U.S.C. 1346(c)) is amended— 

9 (1) in paragraph (6), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (7), by striking the period at 

12 the end and inserting a semicolon; 

13 (3) by adding at the end the following: 

14 ‘‘(8) measures to develop and implement a 

15 beachwater pollution source identification and track16 ing program for the coastal recreation waters that 

17 are not meeting applicable water quality standards 

18 for pathogens and pathogen indicators; 

19 ‘‘(9) a publicly accessible and searchable geo20 graphical information system database with informa21 tion updated within 24 hours of the availability of 

22 the information, organized by beach and with de23 fined standards, sampling plan, monitoring proto24 cols, sampling results, and number and cause of 

25 beach closing and advisory days; and 


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1 ‘‘(10) measures to ensure that closures or 

2 advisories are made or issued within 24 hours after 

3 the State government determines that any coastal 

4 recreation waters in the State are not meeting or are 

5 not expected to meet applicable water quality stand6 ards for pathogens and pathogen indicators.’’. 

7 SEC. 3028. COMPLIANCE REVIEW. 

8 Section 406(h) of the Federal Water Pollution Con9 trol Act (33 U.S.C. 1346(h)) is amended— 

10 (1) by redesignating paragraphs (1) and (2) as 

11 subparagraphs (A) and (B), respectively, and indent12 ing the subparagraphs appropriately; 

13 (2) by striking ‘‘In the’’ and inserting the fol14 lowing: ‘‘(1) IN GENERAL.—In the’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(2) COMPLIANCE REVIEW.—On or before July 

17 31 of each calendar year beginning after the date of 

18 enactment of this paragraph, the Administrator 

19 shall— 

20 ‘‘(A) prepare a written assessment of com21 pliance with all statutory and regulatory re22 quirements of this section for each State and 

23 local government, and of compliance with condi24 tions of each grant made under this section to 

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1 ance with any requirement or condition under 

2 subsection (a)(2) or (c); 

3 ‘‘(B) notify the State or local government 

4 of the assessment; and 

5 ‘‘(C) make each of the assessments avail6 able to the public in a searchable database on 

7 or before December 31 of the calendar year. 

8 ‘‘(3) CORRECTIVE ACTION.— 

9 ‘‘(A) IN GENERAL.—Any State or local 

10 government that the Administrator notifies 

11 under paragraph (2) that the State or local gov12 ernment is not in compliance with any require13 ment or grant condition described in paragraph 

14 (2) shall take such action as is necessary to 

15 comply with the requirement or condition by 

16 not later than 1 year after the date of the noti17 fication. 

18 ‘‘(B) NONCOMPLIANCE.—If the State or 

19 local government is not in compliance with such 

20 a requirement or condition by the date that is 

21 1 year after the deadline specified in subpara22 graph (A), any grants made under subsection 

23 (b) to the State or local government, after the 

24 last day of the 1-year period and while the 

25 State or local government is not in compliance 


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1 with all requirements and grant conditions de2 scribed in paragraph (2), shall require a Fed3 eral share of not to exceed 50 percent. 

4 ‘‘(4) GAO REVIEW.—Not later than December 

5 31 of the third calendar year beginning after the 

6 date of enactment of this paragraph, the Comp7 troller General of the United States shall— 

8 ‘‘(A) conduct a review of the activities of 

9 the Administrator under paragraphs (2) and 

10 (3) during the first and second calendar years 

11 beginning after that date of enactment; and 

12 ‘‘(B) submit to Congress a report on the 

13 results of the review.’’. 

14 SEC. 3029. STUDY OF GRANT DISTRIBUTION FORMULA. 

15 (a) STUDY.—Not later than 30 days after the date 

16 of enactment of this Act, the Administrator of the Envi17 ronmental Protection Agency (referred to in this section 

18 as the ‘‘Administrator’’) shall commence a study of the 

19 formula for the distribution of grants under section 406 

20 of the Federal Water Pollution Control Act (33 U.S.C. 

21 1346) for the purpose of identifying potential revisions of 

22 that formula. 

23 (b) REQUIREMENTS.—In conducting the study, the 

24 Administrator shall— 


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1 (1) consider the emphasis and valuation placed 

2 on length of beach season, including any findings 

3 made by the Government Accountability Office with 

4 respect to that emphasis and valuation; and 

5 (2) consult with appropriate Federal, State, and 

6 local agencies. 

7 (c) REPORT AND REVISION.—Not later than 1 year 

8 after the date of enactment of this Act, the Administrator 

9 shall— 

10 (1) submit to the Committee on Environment 

11 and Public Works of the Senate and the Committee 

12 on Transportation and Infrastructure of the House 

13 of Representatives a report on the results of the 

14 study, including any recommendations for revisions 

15 of the distribution formula referred to in subsection 

16 (a); and 

17 (2) revise the distribution formula referred to in 

18 subsection (a) in accordance with those rec19 ommendations. 

20 Subtitle D—Appalachian Regional 

21 Development Act Amendments 

22 of 2008 

23 SEC. 3031. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Appalachian Re25 gional Development Act Amendments of 2008’’. 


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1 SEC. 3032. LIMITATION ON AVAILABLE AMOUNTS; MAX2 IMUM COMMISSION CONTRIBUTION. 

3 (a) GRANTS AND OTHER ASSISTANCE.—Section 

4 14321(a) of title 40, United States Code, is amended— 

5 (1) in paragraph (1)(A) by striking clause (i) 

6 and inserting the following: 

7 ‘‘(i) the amount of the grant shall not 

8 exceed— 

9 ‘‘(I) 50 percent of administrative 

10 expenses; 

11 ‘‘(II) at the discretion of the 

12 Commission, if the grant is to a local 

13 development district that has a char14 ter or authority that includes the eco15 nomic development of a county or a 

16 part of a county for which a dis17 tressed county designation is in effect 

18 under section 14526, 75 percent of 

19 administrative expenses; or 

20 ‘‘(III) at the discretion of the 

21 Commission, if the grant is to a local 

22 development district that has a char23 ter or authority that includes the eco24 nomic development of a county or a 

25 part of a county for which an at-risk 

26 county designation is in effect under 


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1 section 14526, 70 percent of adminis2 trative expenses;’’; and 

3 (2) in paragraph (2) by striking subparagraph 

4 (A) and inserting the following: 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), of the cost of any activity el7 igible for financial assistance under this section, 

8 not more than— 

9 ‘‘(i) 50 percent may be provided from 

10 amounts appropriated to carry out this 

11 subtitle; 

12 ‘‘(ii) in the case of a project to be car13 ried out in a county for which a distressed 

14 county designation is in effect under sec15 tion 14526, 80 percent may be provided 

16 from amounts appropriated to carry out 

17 this subtitle; or 

18 ‘‘(iii) in the case of a project to be 

19 carried out in a county for which an at20 risk county designation is in effect under 

21 section 14526, 70 percent may be provided 

22 from amounts appropriated to carry out 

23 this subtitle.’’. 

24 (b) DEMONSTRATION HEALTH PROJECTS.—Section 

25 14502 of title 40, United States Code, is amended— 


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1 (1) in subsection (d) by striking paragraph (2) 

2 and inserting the following: 

3 ‘‘(2) LIMITATION ON AVAILABLE AMOUNTS.— 

4 Grants under this section for the operation (includ5 ing initial operating amounts and operating deficits, 

6 which include the cost of attracting, training, and 

7 retaining qualified personnel) of a demonstration 

8 health project, whether or not constructed with 

9 amounts authorized to be appropriated by this sec10 tion, may be made for up to— 

11 ‘‘(A) 50 percent of the cost of that oper12 ation; 

13 ‘‘(B) in the case of a project to be carried 

14 out in a county for which a distressed county 

15 designation is in effect under section 14526, 80 

16 percent of the cost of that operation; or 

17 ‘‘(C) in the case of a project to be carried 

18 out for a county for which an at-risk county 

19 designation is in effect under section 14526, 70 

20 percent of the cost of that operation.’’; and 

21 (2) in subsection (f)— 

22 (A) in paragraph (1) by striking ‘‘para23 graph (2)’’ and inserting ‘‘paragraphs (2) and 

24 (3)’’; and 

25 (B) by adding at the end the following: 


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1 ‘‘(3) AT-RISK COUNTIES.—The maximum Com2 mission contribution for a project to be carried out 

3 in a county for which an at-risk county designation 

4 is in effect under section 14526 may be increased to 

5 the lesser of— 

6 ‘‘(A) 70 percent; or 

7 ‘‘(B) the maximum Federal contribution 

8 percentage authorized by this section.’’. 

9 (c) ASSISTANCE FOR PROPOSED LOW- AND MIDDLE10 INCOME HOUSING PROJECTS.—Section 14503 of title 40, 

11 United States Code, is amended— 

12 (1) in subsection (d) by striking paragraph (1) 

13 and inserting the following: 

14 ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A 

15 loan under subsection (b) for the cost of planning 

16 and obtaining financing (including the cost of pre17 liminary surveys and analyses of market needs, pre18 liminary site engineering and architectural fees, site 

19 options, application and mortgage commitment fees, 

20 legal fees, and construction loan fees and discounts) 

21 of a project described in that subsection may be 

22 made for up to— 

23 ‘‘(A) 50 percent of that cost; 

24 ‘‘(B) in the case of a project to be carried 

25 out in a county for which a distressed county 


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1 designation is in effect under section 14526, 80 

2 percent of that cost; or 

3 ‘‘(C) in the case of a project to be carried 

4 out for a county for which an at-risk county 

5 designation is in effect under section 14526, 70 

6 percent of that cost.’’; and 

7 (2) in subsection (e) by striking paragraph (1) 

8 and inserting the following: 

9 ‘‘(1) IN GENERAL.—A grant under this section 

10 for expenses incidental to planning and obtaining fi11 nancing for a project under this section that the 

12 Secretary considers to be unrecoverable from the 

13 proceeds of a permanent loan made to finance the 

14 project shall— 

15 ‘‘(A) not be made to an organization estab16 lished for profit; and 

17 ‘‘(B) except as provided in paragraph (2), 

18 not exceed— 

19 ‘‘(i) 50 percent of those expenses; 

20 ‘‘(ii) in the case of a project to be car21 ried out in a county for which a distressed 

22 county designation is in effect under sec23 tion 14526, 80 percent of those expenses; 

24 or 


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1 ‘‘(iii) in the case of a project to be 

2 carried out in a county for which an at3 risk county designation is in effect under 

4 section 14526, 70 percent of those ex5 penses.’’. 

6 (d) TELECOMMUNICATIONS AND TECHNOLOGY INI7 TIATIVE.—Section 14504 of title 40, United States Code, 

8 is amended by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

11 cost of any activity eligible for a grant under this section, 

12 not more than— 

13 ‘‘(1) 50 percent may be provided from amounts 

14 appropriated to carry out this section; 

15 ‘‘(2) in the case of a project to be carried out 

16 in a county for which a distressed county designa17 tion is in effect under section 14526, 80 percent 

18 may be provided from amounts appropriated to 

19 carry out this section; or 

20 ‘‘(3) in the case of a project to be carried out 

21 in a county for which an at-risk county designation 

22 is in effect under section 14526, 70 percent may be 

23 provided from amounts appropriated to carry out 

24 this section.’’. 


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1 (e) ENTREPRENEURSHIP INITIATIVE.—Section 

2 14505 of title 40, United States Code, is amended by 

3 striking subsection (c) and inserting the following: 

4 ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

5 cost of any activity eligible for a grant under this section, 

6 not more than— 

7 ‘‘(1) 50 percent may be provided from amounts 

8 appropriated to carry out this section; 

9 ‘‘(2) in the case of a project to be carried out 

10 in a county for which a distressed county designa11 tion is in effect under section 14526, 80 percent 

12 may be provided from amounts appropriated to 

13 carry out this section; or 

14 ‘‘(3) in the case of a project to be carried out 

15 in a county for which an at-risk county designation 

16 is in effect under section 14526, 70 percent may be 

17 provided from amounts appropriated to carry out 

18 this section.’’. 

19 (f) REGIONAL SKILLS PARTNERSHIPS.—Section 

20 14506 of title 40, United States Code, is amended by 

21 striking subsection (d) and inserting the following: 

22 ‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

23 cost of any activity eligible for a grant under this section, 

24 not more than— 


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1 ‘‘(1) 50 percent may be provided from amounts 

2 appropriated to carry out this section; 

3 ‘‘(2) in the case of a project to be carried out 

4 in a county for which a distressed county designa5 tion is in effect under section 14526, 80 percent 

6 may be provided from amounts appropriated to 

7 carry out this section; or 

8 ‘‘(3) in the case of a project to be carried out 

9 in a county for which an at-risk county designation 

10 is in effect under section 14526, 70 percent may be 

11 provided from amounts appropriated to carry out 

12 this section.’’. 

13 (g) SUPPLEMENTS TO FEDERAL GRANT PRO14 GRAMS.—Section 14507(g) of title 40, United States 

15 Code, is amended— 

16 (1) in paragraph (1) by striking ‘‘paragraph 

17 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

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

19 ‘‘(3) AT-RISK COUNTIES.—The maximum Com20 mission contribution for a project to be carried out 

21 in a county for which an at-risk county designation 

22 is in effect under section 14526 may be increased to 

23 70 percent.’’. 


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1 SEC. 3033. ECONOMIC AND ENERGY DEVELOPMENT INITIA2 TIVE. 

3 (a) IN GENERAL.—Subchapter I of chapter 145 of 

4 subtitle IV of title 40, United States Code, is amended 

5 by adding at the end the following: 

6 ‘‘§ 14508. Economic and energy development initia7 tive 

8 ‘‘(a) PROJECTS TO BE ASSISTED.—The Appalachian 

9 Regional Commission may provide technical assistance, 

10 make grants, enter into contracts, or otherwise provide 

11 amounts to persons or entities in the Appalachian region 

12 for projects and activities— 

13 ‘‘(1) to promote energy efficiency in the Appa14 lachian region to enhance the economic competitive15 ness of the Appalachian region; 

16 ‘‘(2) to increase the use of renewable energy re17 sources, particularly biomass, in the Appalachian re18 gion to produce alternative transportation fuels, elec19 tricity, and heat; and 

20 ‘‘(3) to support the development of regional, 

21 conventional energy resources to produce electricity 

22 and heat through advanced technologies that achieve 

23 a substantial reduction in emissions, including 

24 greenhouse gases, over the current baseline. 


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1 ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.—Of the 

2 cost of any activity eligible for a grant under this section, 

3 not more than— 

4 ‘‘(1) 50 percent may be provided from amounts 

5 appropriated to carry out this section; 

6 ‘‘(2) in the case of a project to be carried out 

7 in a county for which a distressed county designa8 tion is in effect under section 14526, 80 percent 

9 may be provided from amounts appropriated to 

10 carry out this section; or 

11 ‘‘(3) in the case of a project to be carried out 

12 in a county for which an at-risk county designation 

13 is in effect under section 14526, 70 percent may be 

14 provided from amounts appropriated to carry out 

15 this section. 

16 ‘‘(c) SOURCES OF ASSISTANCE.—Subject to sub17 section (b), grants provided under this section may be pro18 vided from amounts made available to carry out this sec19 tion in combination with amounts made available under 

20 other Federal programs or from any other source. 

21 ‘‘(d) FEDERAL SHARE.—Notwithstanding any provi22 sion of law limiting the Federal share under any other 

23 Federal program, amounts made available to carry out 

24 this section may be used to increase that Federal share, 

25 as the Commission decides is appropriate.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 145 of title 40, United States Code, is amended 

3 by inserting after the item relating to section 14507 the 

4 following: 

‘‘14508. Economic and energy development initiative.’’. 

5 SEC. 3034. DISTRESSED, AT-RISK, AND ECONOMICALLY 

6 STRONG COUNTIES. 

7 (a) DESIGNATION OF AT-RISK COUNTIES.—Section 

8 14526 of title 40, United States Code, is amended— 

9 (1) in the section heading by inserting ‘‘, at10 risk,’’ after ‘‘Distressed’’; and 

11 (2) in subsection (a)(1)— 

12 (A) by redesignating subparagraph (B) as 

13 subparagraph (C); 

14 (B) in subparagraph (A) by striking ‘‘and’’ 

15 at the end; and 

16 (C) by inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) designate as ‘at-risk counties’ those 

19 counties in the Appalachian region that are 

20 most at risk of becoming economically dis21 tressed; and’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 145 of such title is amended by striking the item 

24 relating to section 14526 and inserting the following: 

‘‘14526. Distressed, at-risk, and economically strong counties.’’. 


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1 SEC. 3035. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—Section 14703(a) of title 40, 

3 United States Code, is amended to read as follows: 

4 ‘‘(a) IN GENERAL.—In addition to amounts made 

5 available under section 14501, there is authorized to be 

6 appropriated to the Appalachian Regional Commission to 

7 carry out this subtitle— 

8 ‘‘(1) $87,000,000 for fiscal year 2008; 

9 ‘‘(2) $100,000,000 for fiscal year 2009; 

10 ‘‘(3) $105,000,000 for fiscal year 2010; 

11 ‘‘(4) $108,000,000 for fiscal year 2011; and 

12 ‘‘(5) $110,000,000 for fiscal year 2012.’’. 

13 (b) ECONOMIC AND ENERGY DEVELOPMENT INITIA14 TIVE.—Section 14703(b) of such title is amended to read 

15 as follows: 

16 ‘‘(b) ECONOMIC AND ENERGY DEVELOPMENT INITIA17 TIVE.—Of the amounts made available under subsection 

18 (a), the following amounts may be used to carry out sec19 tion 14508— 

20 ‘‘(1) $12,000,000 for fiscal year 2008; 

21 ‘‘(2) $12,500,000 for fiscal year 2009; 

22 ‘‘(3) $13,000,000 for fiscal year 2010; 

23 ‘‘(4) $13,500,000 for fiscal year 2011; and 

24 ‘‘(5) $14,000,000 for fiscal year 2012.’’. 

25 (c) ALLOCATION OF FUNDS.—Section 14703 of such 

26 title is amended by adding at the end the following: 


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1 ‘‘(d) ALLOCATION OF FUNDS.—Funds approved by 

2 the Appalachian Regional Commission for a project in a 

3 State in the Appalachian region pursuant to a congres4 sional directive shall be derived from the total amount allo5 cated to the State by the Appalachian Regional Commis6 sion from amounts appropriated to carry out this sub7 title.’’. 

8 SEC. 3036. TERMINATION. 

9 Section 14704 of title 40, United States Code, is 

10 amended by striking ‘‘2007’’ and inserting ‘‘2012’’. 

11 SEC. 3037. ADDITIONS TO APPALACHIAN REGION. 

12 (a) KENTUCKY.—Section 14102(a)(1)(C) of title 40, 

13 United States Code, is amended— 

14 (1) by inserting ‘‘Metcalfe,’’ after ‘‘Menifee,’’; 

15 (2) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’; 

16 and 

17 (3) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’. 

18 (b) OHIO.—Section 14102(a)(1)(H) of such title is 

19 amended— 

20 (1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’; 

21 (2) by inserting ‘‘Mahoning,’’ after ‘‘Law22 rence,’’; and 

23 (3) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’. 


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1 (c) TENNESSEE.—Section 14102(a)(1)(K) of such 

2 title is amended by inserting ‘‘Lawrence, Lewis,’’ after 

3 ‘‘Knox,’’. 

4 (d) VIRGINIA.—Section 14102(a)(1)(L) of such title 

5 is amended— 

6 (1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; 

7 and 

8 (2) by inserting ‘‘Patrick,’’ after ‘‘Mont9 gomery,’’. 

10 TITLE IV—FOREIGN RELATIONS 

11 PROVISIONS 

12 Subtitle A—Senator Paul Simon 

13 Study Abroad Foundation Act of 

14 2008 

15 SEC. 4001. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Senator Paul 

17 Simon Study Abroad Foundation Act of 2008’’. 

18 SEC. 4002. FINDINGS. 

19 Congress makes the following findings: 

20 (1) According to President George W. Bush, 

21 ‘‘America’s leadership and national security rest on 

22 our commitment to educate and prepare our youth 

23 for active engagement in the international commu24 nity.’’. 


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1 (2) According to former President William J. 

2 Clinton, ‘‘Today, the defense of United States inter3 ests, the effective management of global issues, and 

4 even an understanding of our Nation’s diversity re5 quire ever-greater contact with, and understanding 

6 of, people and cultures beyond our borders.’’. 

7 (3) Congress authorized the establishment of 

8 the Commission on the Abraham Lincoln Study 

9 Abroad Fellowship Program pursuant to section 104 

10 of the Miscellaneous Appropriations and Offsets Act, 

11 2004 (division H of Public Law 108–199). Pursuant 

12 to its mandate, the Lincoln Commission has sub13 mitted to Congress and the President a report of its 

14 recommendations for greatly expanding the oppor15 tunity for students at institutions of higher edu16 cation in the United States to study abroad, with 

17 special emphasis on studying in developing nations. 

18 (4) According to the Lincoln Commission, 

19 ‘‘[s]tudy abroad is one of the major means of pro20 ducing foreign language speakers and enhancing for21 eign language learning’’ and, for that reason, ‘‘is 

22 simply essential to the [N]ation’s security’’. 

23 (5) Studies consistently show that United 

24 States students score below their counterparts in 

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1 national knowledge. This lack of global literacy is a 

2 national liability in an age of global trade and busi3 ness, global interdependence, and global terror. 

4 (6) Americans believe that it is important for 

5 their children to learn other languages, study 

6 abroad, attend a college where they can interact with 

7 international students, learn about other countries 

8 and cultures, and generally be prepared for the glob9 al age. 

10 (7) In today’s world, it is more important than 

11 ever for the United States to be a responsible, con12 structive leader that other countries are willing to 

13 follow. Such leadership cannot be sustained without 

14 an informed citizenry with significant knowledge and 

15 awareness of the world. 

16 (8) Study abroad has proven to be a very effec17 tive means of imparting international and foreign18 language competency to students. 

19 (9) In any given year, only approximately one 

20 percent of all students enrolled in United States in21 stitutions of higher education study abroad. 

22 (10) Less than 10 percent of the students who 

23 graduate from United States institutions of higher 

24 education with bachelors degrees have studied 

25 abroad. 


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1 (11) Far more study abroad must take place in 

2 developing countries. Ninety-five percent of the 

3 world’s population growth over the next 50 years 

4 will occur outside of Europe. Yet in the academic 

5 year 2004–2005, 60 percent of United States stu6 dents studying abroad studied in Europe, and 45 

7 percent studied in four countries—the United King8 dom, Italy, Spain, and France—according to the In9 stitute of International Education. 

10 (12) The Final Report of the National Commis11 sion on Terrorist Attacks Upon the United States 

12 (The 9/11 Commission Report) recommended that 

13 the United States increase support for ‘‘scholarship, 

14 exchange, and library programs’’. The 9/11 Public 

15 Discourse Project, successor to the 9/11 Commis16 sion, noted in its November 14, 2005, status report 

17 that this recommendation was ‘‘unfulfilled,’’ and 

18 stated that ‘‘The U.S. should increase support for 

19 scholarship and exchange programs, our most power20 ful tool to shape attitudes over the course of a gen21 eration.’’. In its December 5, 2005, Final Report on 

22 the 9/11 Commission Recommendations, the 9/11 

23 Public Discourse Project gave the government a 

24 grade of ‘‘D’’ for its implementation of this rec25 ommendation. 


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1 (13) Investing in a national study abroad pro2 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

3 by equipping United States students to communicate 

4 United States values and way of life through the 

5 unique dialogue that takes place among citizens 

6 from around the world when individuals study 

7 abroad. 

8 (14) An enhanced national study abroad pro9 gram could help further the goals of other United 

10 States Government initiatives to promote edu11 cational, social, and political reform and the status 

12 of women in developing and reforming societies 

13 around the world, such as the Middle East Partner14 ship Initiative. 

15 (15) To complement such worthwhile Federal 

16 programs and initiatives as the Benjamin A. Gilman 

17 International Scholarship Program, the National Se18 curity Education Program, and the National Secu19 rity Language Initiative, a broad-based under20 graduate study abroad program is needed that will 

21 make many more study abroad opportunities acces22 sible to all undergraduate students, regardless of 

23 their field of study, ethnicity, socio-economic status, 

24 or gender. 


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1 SEC. 4003. PURPOSES. 

2 The purposes of this subtitle are— 

3 (1) to significantly enhance the global competi4 tiveness and international knowledge base of the 

5 United States by ensuring that more United States 

6 students have the opportunity to acquire foreign lan7 guage skills and international knowledge through 

8 significantly expanded study abroad; 

9 (2) to enhance the foreign policy capacity of the 

10 United States by significantly expanding and diversi11 fying the talent pool of individuals with non-tradi12 tional foreign language skills and cultural knowledge 

13 in the United States who are available for recruit14 ment by United States foreign affairs agencies, leg15 islative branch agencies, and nongovernmental orga16 nizations involved in foreign affairs activities; 

17 (3) to ensure that an increasing portion of 

18 study abroad by United States students will take 

19 place in nontraditional study abroad destinations 

20 such as the People’s Republic of China, countries of 

21 the Middle East region, and developing countries; 

22 and 

23 (4) to create greater cultural understanding of 

24 the United States by exposing foreign students and 

25 their families to United States students in countries 


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1 that have not traditionally hosted large numbers of 

2 United States students. 

3 SEC. 4004. DEFINITIONS. 

4 In this subtitle: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Foreign Affairs and 

9 the Committee on Appropriations of the House 

10 of Representatives; and 

11 (B) the Committee on Foreign Relations 

12 and the Committee on Appropriations of the 

13 Senate. 

14 (2) BOARD.—The term ‘‘Board’’ means the 

15 Board of Directors of the Foundation established 

16 pursuant to section 4005(d). 

17 (3) CHIEF EXECUTIVE OFFICER.—The term 

18 ‘‘Chief Executive Officer’’ means the chief executive 

19 officer of the Foundation appointed pursuant to sec20 tion 4005(c). 

21 (4) FOUNDATION.—The term ‘‘Foundation’’ 

22 means the Senator Paul Simon Study Abroad Foun23 dation established by section 4005(a). 

24 (5) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘‘institution of higher education’’ has the 


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1 meaning given the term in section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

3 (6) NATIONAL OF THE UNITED STATES.—The 

4 term ‘‘national of the United States’’ means a na5 tional of the United States or an alien lawfully ad6 mitted for permanent residence (as those terms are 

7 defined in section 101 of the Immigration and Na8 tionality Act (8 U.S.C. 1101)). 

9 (7) NONTRADITIONAL STUDY ABROAD DESTINA10 TION.—The term ‘‘nontraditional study abroad des11 tination’’ means a location that is determined by the 

12 Foundation to be a less common destination for 

13 United States students who study abroad. 

14 (8) STUDY ABROAD.—The term ‘‘study abroad’’ 

15 means an educational program of study, work, re16 search, internship, or combination thereof that is 

17 conducted outside the United States and that carries 

18 academic credit toward fulfilling the participating 

19 student’s degree requirements. 

20 (9) UNITED STATES.—The term ‘‘United 

21 States’’ means any of the several States, the District 

22 of Columbia, Puerto Rico, the Northern Mariana Is23 lands, the Virgin Islands, Guam, American Samoa, 

24 and any other territory or possession of the United 

25 States. 


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1 (10) UNITED STATES STUDENT.—The term 

2 ‘‘United States student’’ means a national of the 

3 United States who is enrolled at an institution of 

4 higher education located within the United States. 

5 SEC. 4005. ESTABLISHMENT AND MANAGEMENT OF THE 

6 SENATOR PAUL SIMON STUDY ABROAD FOUN7 DATION. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established in the 

10 executive branch a corporation to be known as the 

11 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

12 that shall be responsible for carrying out this sub13 title. The Foundation shall be a government cor14 poration, as defined in section 103 of title 5, United 

15 States Code. 

16 (2) BOARD OF DIRECTORS.—The Foundation 

17 shall be governed by a Board of Directors in accord18 ance with subsection (d). 

19 (3) INTENT OF CONGRESS.—It is the intent of 

20 Congress in establishing the structure of the Foun21 dation set forth in this subsection to create an entity 

22 that will administer a study abroad program that— 

23 (A) serves the long-term foreign policy and 

24 national security needs of the United States; 

25 but 


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1 (B) operates independently of short-term 

2 political and foreign policy considerations. 

3 (b) MANDATE OF FOUNDATION.—In administering 

4 the program referred to in subsection (a)(3), the Founda5 tion shall— 

6 (1) promote the objectives and purposes of this 

7 subtitle; 

8 (2) through responsive, flexible grant-making, 

9 promote access to study abroad opportunities by 

10 United States students at diverse institutions of 

11 higher education, including two-year institutions, mi12 nority-serving institutions, and institutions that 

13 serve nontraditional students; 

14 (3) through creative grant-making, promote ac15 cess to study abroad opportunities by diverse United 

16 States students, including minority students, stu17 dents of limited financial means, and nontraditional 

18 students; 

19 (4) solicit funds from the private sector to sup20 plement funds made available under this subtitle; 

21 and 

22 (5) minimize administrative costs and maximize 

23 the availability of funds for grants under this sub24 title. 

25 (c) CHIEF EXECUTIVE OFFICER.— 


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1 (1) IN GENERAL.—There shall be in the Foun2 dation a Chief Executive Officer who shall be re3 sponsible for the management of the Foundation. 

4 (2) APPOINTMENT.—The Chief Executive Offi5 cer shall be appointed by the Board and shall be a 

6 recognized leader in higher education, business, or 

7 foreign policy, chosen on the basis of a rigorous 

8 search. 

9 (3) RELATIONSHIP TO BOARD.—The Chief Ex10 ecutive Officer shall report to and be under the di11 rect authority of the Board. 

12 (4) COMPENSATION AND RANK.— 

13 (A) IN GENERAL.—The Chief Executive 

14 Officer shall be compensated at the rate pro15 vided for level IV of the Executive Schedule 

16 under section 5315 of title 5, United States 

17 Code. 

18 (B) AMENDMENT.—Section 5315 of title 

19 5, United States Code, is amended by adding at 

20 the end the following: 

21 ‘‘Chief Executive Officer, Senator Paul Simon 

22 Study Abroad Foundation.’’. 

23 (5) AUTHORITIES AND DUTIES.—The Chief Ex24 ecutive Officer shall be responsible for the manageVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ment of the Foundation and shall exercise the pow2 ers and discharge the duties of the Foundation. 

3 (6) AUTHORITY TO APPOINT OFFICERS.—In 

4 consultation and with approval of the Board, the 

5 Chief Executive Officer shall appoint all officers of 

6 the Foundation. 

7 (d) BOARD OF DIRECTORS.— 

8 (1) ESTABLISHMENT.—There shall be in the 

9 Foundation a Board of Directors. 

10 (2) DUTIES.—The Board shall perform the 

11 functions specified to be carried out by the Board in 

12 this subtitle and may prescribe, amend, and repeal 

13 bylaws, rules, regulations, and procedures governing 

14 the manner in which the business of the Foundation 

15 may be conducted and in which the powers granted 

16 to it by law may be exercised. 

17 (3) MEMBERSHIP.—The Board shall consist 

18 of— 

19 (A) the Secretary of State (or the Sec20 retary’s designee), the Secretary of Education 

21 (or the Secretary’s designee), the Secretary of 

22 Defense (or the Secretary’s designee), and the 

23 Administrator of the United States Agency for 

24 International Development (or the Administra25 tor’s designee); and 


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1 (B) five other individuals with relevant ex2 perience in matters relating to study abroad 

3 (such as individuals who represent institutions 

4 of higher education, business organizations, for5 eign policy organizations, or other relevant or6 ganizations) who shall be appointed by the 

7 President, by and with the advice and consent 

8 of the Senate, of which— 

9 (i) one individual shall be appointed 

10 from among a list of individuals submitted 

11 by the majority leader of the House of 

12 Representatives; 

13 (ii) one individual shall be appointed 

14 from among a list of individuals submitted 

15 by the minority leader of the House of 

16 Representatives; 

17 (iii) one individual shall be appointed 

18 from among a list of individuals submitted 

19 by the majority leader of the Senate; and 

20 (iv) one individual shall be appointed 

21 from among a list of individuals submitted 

22 by the minority leader of the Senate. 

23 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

24 Executive Officer of the Foundation shall serve as a 

25 nonvoting, ex officio member of the Board. 


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1 (5) TERMS.— 

2 (A) OFFICERS OF THE FEDERAL GOVERN3 MENT.—Each member of the Board described 

4 in paragraph (3)(A) shall serve for a term that 

5 is concurrent with the term of service of the in6 dividual’s position as an officer within the other 

7 Federal department or agency. 

8 (B) OTHER MEMBERS.—Each member of 

9 the Board described in paragraph (3)(B) shall 

10 be appointed for a term of 3 years and may be 

11 reappointed for one additional 3 year term. 

12 (C) VACANCIES.—A vacancy in the Board 

13 shall be filled in the manner in which the origi14 nal appointment was made. 

15 (6) CHAIRPERSON.—There shall be a Chair16 person of the Board. The Secretary of State (or the 

17 Secretary’s designee) shall serve as the Chairperson. 

18 (7) QUORUM.—A majority of the members of 

19 the Board described in paragraph (3) shall con20 stitute a quorum, which, except with respect to a 

21 meeting of the Board during the 135-day period be22 ginning on the date of the enactment of this Act, 

23 shall include at least one member of the Board de24 scribed in paragraph (3)(B). 


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1 (8) MEETINGS.—The Board shall meet at the 

2 call of the Chairperson. 

3 (9) COMPENSATION.— 

4 (A) OFFICERS OF THE FEDERAL GOVERN5 MENT.— 

6 (i) IN GENERAL.—A member of the 

7 Board described in paragraph (3)(A) may 

8 not receive additional pay, allowances, or 

9 benefits by reason of the member’s service 

10 on the Board. 

11 (ii) TRAVEL EXPENSES.—Each such 

12 member of the Board shall receive travel 

13 expenses, including per diem in lieu of sub14 sistence, in accordance with applicable pro15 visions under subchapter I of chapter 57 of 

16 title 5, United States Code. 

17 (B) OTHER MEMBERS.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), a member of the Board de20 scribed in paragraph (3)(B) while away 

21 from the member’s home or regular place 

22 of business on necessary travel in the ac23 tual performance of duties as a member of 

24 the Board, shall be paid per diem, travel, 

25 and transportation expenses in the same 


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1 manner as is provided under subchapter I 

2 of chapter 57 of title 5, United States 

3 Code. 

4 (ii) LIMITATION.—A member of the 

5 Board may not be paid compensation 

6 under clause (i) for more than 90 days in 

7 any calendar year. 

8 SEC. 4006. ESTABLISHMENT AND OPERATION OF PROGRAM. 

9 (a) ESTABLISHMENT OF THE PROGRAM.—There is 

10 hereby established a program, which shall— 

11 (1) be administered by the Foundation; and 

12 (2) award grants to— 

13 (A) United States students for study 

14 abroad; 

15 (B) nongovernmental institutions that pro16 vide and promote study abroad opportunities 

17 for United States students, in consortium with 

18 institutions described in subparagraph (C); and 

19 (C) institutions of higher education, indi20 vidually or in consortium, 

21 in order to accomplish the objectives set forth in 

22 subsection (b). 

23 (b) OBJECTIVES.—The objectives of the program es24 tablished under subsection (a) are that, within 10 years 

25 of the date of the enactment of this Act— 


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1 (1) not less than one million undergraduate 

2 United States students will study abroad annually 

3 for credit; 

4 (2) the demographics of study-abroad participa5 tion will reflect the demographics of the United 

6 States undergraduate population, including students 

7 enrolled in community colleges, minority-serving in8 stitutions, and institutions serving large numbers of 

9 low-income and first-generation students; and 

10 (3) an increasing portion of study abroad will 

11 take place in nontraditional study abroad destina12 tions, with a substantial portion of such increases 

13 taking place in developing countries. 

14 (c) MANDATE OF THE PROGRAM.—In order to ac15 complish the objectives set forth in subsection (b), the 

16 Foundation shall, in administering the program estab17 lished under subsection (a), take fully into account the rec18 ommendations of the Commission on the Abraham Lincoln 

19 Study Abroad Fellowship Program (established pursuant 

20 to section 104 of the Miscellaneous Appropriations and 

21 Offsets Act, 2004 (division H of Public Law 108–199)). 

22 (d) STRUCTURE OF GRANTS.— 

23 (1) PROMOTING REFORM.—In accordance with 

24 the recommendations of the Commission on the 

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1 gram, grants awarded under the program estab2 lished under subsection (a) shall be structured to the 

3 maximum extent practicable to promote appropriate 

4 reforms in institutions of higher education in order 

5 to remove barriers to participation by students in 

6 study abroad. 

7 (2) GRANTS TO INDIVIDUALS AND INSTITU8 TIONS.—It is the sense of Congress that— 

9 (A) the Foundation should award not more 

10 than 25 percent of the funds awarded as grants 

11 to individuals described in subparagraph (A) of 

12 subsection (a)(2) and not less than 75 percent 

13 of such funds to institutions described in sub14 paragraphs (B) and (C) of such subsection; and 

15 (B) the Foundation should ensure that not 

16 less than 85 percent of the amount awarded to 

17 such institutions is used to award scholarships 

18 to students. 

19 (e) BALANCE OF LONG-TERM AND SHORT-TERM

20 STUDY ABROAD PROGRAMS.—In administering the pro21 gram established under subsection (a), the Foundation 

22 shall seek an appropriate balance between— 

23 (1) longer-term study abroad programs, which 

24 maximize foreign-language learning and intercultural 

25 understanding; and 


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1 (2) shorter-term study abroad programs, which 

2 maximize the accessibility of study abroad to non3 traditional students. 

4 (f) QUALITY AND SAFETY IN STUDY ABROAD.—In 

5 administering the program established under subsection 

6 (a), the Foundation shall require that institutions receiv7 ing grants demonstrate that— 

8 (1) the study abroad programs for which stu9 dents receive grant funds are for academic credit; 

10 and 

11 (2) the programs have established health and 

12 safety guidelines and procedures. 

13 SEC. 4007. ANNUAL REPORT. 

14 (a) REPORT REQUIRED.—Not later than December 

15 15, 2008, and each December 15 thereafter, the Founda16 tion shall submit to the appropriate congressional commit17 tees a report on the implementation of this subtitle during 

18 the prior fiscal year. 

19 (b) CONTENTS.—The report required by subsection 

20 (a) shall include— 

21 (1) the total financial resources available to the 

22 Foundation during the year, including appropriated 

23 funds, the value and source of any gifts or donations 

24 accepted pursuant to section 4008(a)(6), and any 

25 other resources; 


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1 (2) a description of the Board’s policy priorities 

2 for the year and the bases upon which grant pro3 posals were solicited and awarded to institutions of 

4 higher education, nongovernmental institutions, and 

5 consortiums pursuant to section 4006(a)(2)(B) and 

6 4006(a)(2)(C); 

7 (3) a list of grants made to institutions of high8 er education, nongovernmental institutions, and con9 sortiums pursuant to section 4006(a)(2)(B) and 

10 4006(a)(2)(C) that includes the identity of the insti11 tutional recipient, the dollar amount, the estimated 

12 number of study abroad opportunities provided to 

13 United States students by each grant, the amount of 

14 the grant used by each institution for administrative 

15 expenses, and information on cost-sharing by each 

16 institution receiving a grant; 

17 (4) a description of the bases upon which the 

18 Foundation made grants directly to United States 

19 students pursuant to section 4006(a)(2)(A); 

20 (5) the number and total dollar amount of 

21 grants made directly to United States students by 

22 the Foundation pursuant to section 4006(a)(2)(A); 

23 and 


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1 (6) the total administrative and operating ex2 penses of the Foundation for the year, as well as 

3 specific information on— 

4 (A) the number of Foundation employees 

5 and the cost of compensation for Board mem6 bers, Foundation employees, and personal serv7 ice contractors; 

8 (B) costs associated with securing the use 

9 of real property for carrying out the functions 

10 of the Foundation; 

11 (C) total travel expenses incurred by Board 

12 members and Foundation employees in connec13 tion with Foundation activities; and 

14 (D) total representational expenses. 

15 SEC. 4008. POWERS OF THE FOUNDATION; RELATED PROVI16 SIONS. 

17 (a) POWERS.—The Foundation— 

18 (1) shall have perpetual succession unless dis19 solved by a law enacted after the date of the enact20 ment of this Act; 

21 (2) may adopt, alter, and use a seal, which shall 

22 be judicially noticed; 

23 (3) may make and perform such contracts, 

24 grants, and other agreements with any person or 

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1 ated, as may be necessary for carrying out the func2 tions of the Foundation; 

3 (4) may determine and prescribe the manner in 

4 which its obligations shall be incurred and its ex5 penses allowed and paid, including expenses for rep6 resentation; 

7 (5) may lease, purchase, or otherwise acquire, 

8 improve, and use such real property wherever situ9 ated, as may be necessary for carrying out the func10 tions of the Foundation; 

11 (6) may accept cash gifts or donations of serv12 ices or of property (real, personal, or mixed), tan13 gible or intangible, for the purpose of carrying out 

14 the provisions of this subtitle; 

15 (7) may use the United States mails in the 

16 same manner and on the same conditions as the ex17 ecutive departments; 

18 (8) may contract with individuals for personal 

19 services, who shall not be considered Federal em20 ployees for any provision of law administered by the 

21 Office of Personnel Management; 

22 (9) may hire or obtain passenger motor vehi23 cles; and 

24 (10) shall have such other powers as may be 

25 necessary and incident to carrying out this subtitle. 


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1 (b) PRINCIPAL OFFICE.—The Foundation shall 

2 maintain its principal office in the metropolitan area of 

3 Washington, District of Columbia. 

4 (c) APPLICABILITY OF GOVERNMENT CORPORATION

5 CONTROL ACT.— 

6 (1) IN GENERAL.—The Foundation shall be 

7 subject to chapter 91 of subtitle VI of title 31, 

8 United States Code, except that the Foundation 

9 shall not be authorized to issue obligations or offer 

10 obligations to the public. 

11 (2) CONFORMING AMENDMENT.—Section 

12 9101(3) of title 31, United States Code, is amended 

13 by adding at the end the following: 

14 ‘‘(S) the Senator Paul Simon Study 

15 Abroad Foundation.’’. 

16 (d) INSPECTOR GENERAL.— 

17 (1) IN GENERAL.—The Inspector General of 

18 the Department of State shall serve as Inspector 

19 General of the Foundation, and, in acting in such 

20 capacity, may conduct reviews, investigations, and 

21 inspections of all aspects of the operations and ac22 tivities of the Foundation. 

23 (2) AUTHORITY OF THE BOARD.—In carrying 

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1 spector General shall report to and be under the 

2 general supervision of the Board. 

3 (3) REIMBURSEMENT AND AUTHORIZATION OF

4 SERVICES.— 

5 (A) REIMBURSEMENT.—The Foundation 

6 shall reimburse the Department of State for all 

7 expenses incurred by the Inspector General in 

8 connection with the Inspector General’s respon9 sibilities under this subsection. 

10 (B) AUTHORIZATION FOR SERVICES.—Of 

11 the amount authorized to be appropriated 

12 under section 4010(a) for a fiscal year, up to 

13 $2,000,000 is authorized to be made available 

14 to the Inspector General of the Department of 

15 State to conduct reviews, investigations, and in16 spections of operations and activities of the 

17 Foundation. 

18 SEC. 4009. GENERAL PERSONNEL AUTHORITIES. 

19 (a) DETAIL OF PERSONNEL.—Upon request of the 

20 Chief Executive Officer, the head of an agency may detail 

21 any employee of such agency to the Foundation on a reim22 bursable basis. Any employee so detailed remains, for the 

23 purpose of preserving such employee’s allowances, privi24 leges, rights, seniority, and other benefits, an employee of 

25 the agency from which detailed. 


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1 (b) REEMPLOYMENT RIGHTS.— 

2 (1) IN GENERAL.—An employee of an agency 

3 who is serving under a career or career conditional 

4 appointment (or the equivalent), and who, with the 

5 consent of the head of such agency, transfers to the 

6 Foundation, is entitled to be reemployed in such em7 ployee’s former position or a position of like senior8 ity, status, and pay in such agency, if such em9 ployee— 

10 (A) is separated from the Foundation for 

11 any reason, other than misconduct, neglect of 

12 duty, or malfeasance; and 

13 (B) applies for reemployment not later 

14 than 90 days after the date of separation from 

15 the Foundation. 

16 (2) SPECIFIC RIGHTS.—An employee who satis17 fies paragraph (1) is entitled to be reemployed (in 

18 accordance with such paragraph) within 30 days 

19 after applying for reemployment and, on reemploy20 ment, is entitled to at least the rate of basic pay to 

21 which such employee would have been entitled had 

22 such employee never transferred. 

23 (c) HIRING AUTHORITY.—Of persons employed by 

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1 pointed, compensated, or removed without regard to the 

2 civil service laws and regulations. 

3 (d) BASIC PAY.—The Chief Executive Officer may fix 

4 the rate of basic pay of employees of the Foundation with5 out regard to the provisions of chapter 51 of title 5, 

6 United States Code (relating to the classification of posi7 tions), subchapter III of chapter 53 of such title (relating 

8 to General Schedule pay rates), except that no employee 

9 of the Foundation may receive a rate of basic pay that 

10 exceeds the rate for level IV of the Executive Schedule 

11 under section 5315 of such title. 

12 (e) DEFINITIONS.—In this section— 

13 (1) the term ‘‘agency’’ means an executive 

14 agency, as defined by section 105 of title 5, United 

15 States Code; and 

16 (2) the term ‘‘detail’’ means the assignment or 

17 loan of an employee, without a change of position, 

18 from the agency by which such employee is employed 

19 to the Foundation. 

20 SEC. 4010. GAO REVIEW. 

21 (a) REVIEW REQUIRED.—Not later than two years 

22 after the date of the enactment of this Act, the Comp23 troller General of the United States shall commence a re24 view of the operations of the Foundation. 


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1 (b) CONTENT.—In conducting the review required 

2 under subsection (a), the Comptroller General shall ana3 lyze— 

4 (1) whether the Foundation is organized and 

5 operating in a manner that will permit it to fulfill 

6 the purposes of this section, as set forth in section 

7 4003; 

8 (2) the degree to which the Foundation is oper9 ating efficiently and in a manner consistent with the 

10 requirements of paragraphs (4) and (5) of section 

11 4005(b); 

12 (3) whether grantmaking by the Foundation is 

13 being undertaken in a manner consistent with sub14 sections (d), (e), and (f) of section 4006; 

15 (4) the extent to which the Foundation is using 

16 best practices in the implementation of this subtitle 

17 and the administration of the program described in 

18 section 4006; and 

19 (5) other relevant matters, as determined by 

20 the Comptroller General, after consultation with the 

21 appropriate congressional committees. 

22 (c) REPORT REQUIRED.—The Comptroller General 

23 shall submit a report on the results of the review con24 ducted under subsection (a) to the Secretary of State (in 

25 the capacity of the Secretary as Chairperson of the Board 


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1 of the Foundation) and to the appropriate congressional 

2 committees. 

3 SEC. 4011. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.— 

5 (1) IN GENERAL.—There are authorized to be 

6 appropriated to carry out this subtitle $80,000,000 

7 for fiscal year 2008 and each subsequent fiscal year. 

8 (2) AMOUNTS IN ADDITION TO OTHER AVAIL9 ABLE AMOUNTS.—Amounts authorized to be appro10 priated by paragraph (1) are in addition to amounts 

11 authorized to be appropriated or otherwise made 

12 available for educational exchange programs, includ13 ing the J. William Fulbright Educational Exchange 

14 Program and the Benjamin A. Gilman International 

15 Scholarship Program, administered by the Bureau of 

16 Educational and Cultural Affairs of the Department 

17 of State. 

18 (b) ALLOCATION OF FUNDS.— 

19 (1) IN GENERAL.—The Foundation may allo20 cate or transfer to any agency of the United States 

21 Government any of the funds available for carrying 

22 out this subtitle. Such funds shall be available for 

23 obligation and expenditure for the purposes for 

24 which the funds were authorized, in accordance with 

25 authority granted in this subtitle or under authority 


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1 governing the activities of the United States Govern2 ment agency to which such funds are allocated or 

3 transferred. 

4 (2) NOTIFICATION.—The Foundation shall no5 tify the appropriate congressional committees not 

6 less than 15 days prior to an allocation or transfer 

7 of funds pursuant to paragraph (1). 

8 Subtitle B—Reconstruction and 

9 Stabilization Civilian Manage10 ment Act of 2008 

11 SEC. 4101. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Reconstruction and 

13 Stabilization Civilian Management Act of 2008’’. 

14 SEC. 4102. FINDINGS. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) In June 2004, the Office of the Coordinator 

17 for Reconstruction and Stabilization (referred to as 

18 the ‘‘Coordinator’’) was established in the Depart19 ment of State with the mandate to lead, coordinate, 

20 and institutionalize United States Government civil21 ian capacity to prevent or prepare for post-conflict 

22 situations and help reconstruct and stabilize a coun23 try or region that is at risk of, in, or is in transition 

24 from, conflict or civil strife. 


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1 (2) In December 2005, the Coordinator’s man2 date was reaffirmed by the National Security Presi3 dential Directive 44, which instructed the Secretary 

4 of State, and at the Secretary’s direction, the Coor5 dinator, to coordinate and lead integrated United 

6 States Government efforts, involving all United 

7 States departments and agencies with relevant capa8 bilities, to prepare, plan for, and conduct reconstruc9 tion and stabilization operations. 

10 (3) National Security Presidential Directive 44 

11 assigns to the Secretary, with the Coordinator’s as12 sistance, the lead role to develop reconstruction and 

13 stabilization strategies, ensure civilian interagency 

14 program and policy coordination, coordinate inter15 agency processes to identify countries at risk of in16 stability, provide decision-makers with detailed op17 tions for an integrated United States Government 

18 response in connection with reconstruction and sta19 bilization operations, and carry out a wide range of 

20 other actions, including the development of a civilian 

21 surge capacity to meet reconstruction and stabiliza22 tion emergencies. The Secretary and the Coordinator 

23 are also charged with coordinating with the Depart24 ment of Defense on reconstruction and stabilization 


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1 responses, and integrating planning and imple2 menting procedures. 

3 (4) The Department of Defense issued Direc4 tive 3000.05, which establishes that stability oper5 ations are a core United States military mission that 

6 the Department of Defense must be prepared to con7 duct and support, provides guidance on stability op8 erations that will evolve over time, and assigns re9 sponsibilities within the Department of Defense for 

10 planning, training, and preparing to conduct and 

11 support stability operations. 

12 (5) The President’s Fiscal Year 2009 Budget 

13 Request to Congress includes $248,600,000 for a Ci14 vilian Stabilization Initiative that would vastly im15 prove civilian partnership with the Armed Forces in 

16 post-conflict stabilization situations, including by es17 tablishing an Active Response Corps of 250 persons, 

18 a Standby Response Corps of 2000 persons, and a 

19 Civilian Response Corps of 2000 persons. 

20 SEC. 4103. DEFINITIONS. 

21 In this subtitle: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the United 

24 States Agency for International Development. 


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1 (2) AGENCY.—The term ‘‘agency’’ means any 

2 entity included in chapter 1 of title 5, United States 

3 Code. 

4 (3) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means the Committee on Foreign Affairs of 

7 the House of Representatives and the Committee on 

8 Foreign Relations of the Senate. 

9 (4) DEPARTMENT.—Except as otherwise pro10 vided in this subtitle, the term ‘‘Department’’ means 

11 the Department of State. 

12 (5) PERSONNEL.—The term ‘‘personnel’’ means 

13 individuals serving in any service described in sec14 tion 2101 of title 5, United States Code, other than 

15 in the legislative or judicial branch. 

16 (6) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of State. 

18 SEC. 4104. AUTHORITY TO PROVIDE ASSISTANCE FOR RE19 CONSTRUCTION AND STABILIZATION CRISES. 

20 Chapter 1 of part III of the Foreign Assistance Act 

21 of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting 

22 after section 617 the following new section: 

23 ‘‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STA24 BILIZATION CRISIS. 

25 ‘‘(a) ASSISTANCE.— 


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1 ‘‘(1) IN GENERAL.—If the President determines 

2 that it is in the national security interests of the 

3 United States for United States civilian agencies or 

4 non-Federal employees to assist in reconstructing 

5 and stabilizing a country or region that is at risk of, 

6 in, or is in transition from, conflict or civil strife, the 

7 President may, in accordance with the provisions set 

8 forth in section 614(a)(3), subject to paragraph (2) 

9 of this subsection but notwithstanding any other 

10 provision of law, and on such terms and conditions 

11 as the President may determine, furnish assistance 

12 to such country or region for reconstruction or sta13 bilization using funds under paragraph (3). 

14 ‘‘(2) PRE-NOTIFICATION REQUIREMENT.—The 

15 President may not furnish assistance pursuant to 

16 paragraph (1) until five days (excepting Saturdays, 

17 Sundays, and legal public holidays) after the re18 quirements under section 614(a)(3) of this Act are 

19 carried out. 

20 ‘‘(3) FUNDS.—The funds referred to in para21 graph (1) are funds made available under any other 

22 provision of law and under other provisions of this 

23 Act, and transferred or reprogrammed for purposes 

24 of this section, and such transfer or reprogramming 


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1 shall be subject to the procedures applicable to a no2 tification under section 634A of this Act. 

3 ‘‘(b) LIMITATION.—The authority contained in this 

4 section may be exercised only during fiscal years 2009, 

5 2010, and 2011, except that the authority may not be ex6 ercised to furnish more than $200,000,000 in any such 

7 fiscal year.’’. 

8 SEC. 4105. RECONSTRUCTION AND STABILIZATION. 

9 Title I of the State Department Basic Authorities Act 

10 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 

11 at the end the following new section: 

12 ‘‘SEC. 62. RECONSTRUCTION AND STABILIZATION. 

13 ‘‘(a) OFFICE OF THE COORDINATOR FOR RECON14 STRUCTION AND STABILIZATION.— 

15 ‘‘(1) ESTABLISHMENT.—There is established 

16 within the Department of State the Office of the Co17 ordinator for Reconstruction and Stabilization. 

18 ‘‘(2) COORDINATOR FOR RECONSTRUCTION AND

19 STABILIZATION.—The head of the Office shall be the 

20 Coordinator for Reconstruction and Stabilization, 

21 who shall be appointed by the President, by and 

22 with the advice and consent of the Senate. The Co23 ordinator shall report directly to the Secretary. 


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1 ‘‘(3) FUNCTIONS.—The functions of the Office 

2 of the Coordinator for Reconstruction and Stabiliza3 tion shall include the following: 

4 ‘‘(A) Monitoring, in coordination with rel5 evant bureaus and offices of the Department of 

6 State and the United States Agency for Inter7 national Development (USAID), political and 

8 economic instability worldwide to anticipate the 

9 need for mobilizing United States and inter10 national assistance for the reconstruction and 

11 stabilization of a country or region that is at 

12 risk of, in, or are in transition from, conflict or 

13 civil strife. 

14 ‘‘(B) Assessing the various types of recon15 struction and stabilization crises that could 

16 occur and cataloging and monitoring the non17 military resources and capabilities of agencies 

18 (as such term is defined in section 4103 of the 

19 Reconstruction and Stabilization Civilian Man20 agement Act of 2008) that are available to ad21 dress such crises. 

22 ‘‘(C) Planning, in conjunction with 

23 USAID, to address requirements, such as de24 mobilization, disarmament, rebuilding of civil 

25 society, policing, human rights monitoring, and 


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1 public information, that commonly arise in re2 construction and stabilization crises. 

3 ‘‘(D) Coordinating with relevant agencies 

4 to develop interagency contingency plans and 

5 procedures to mobilize and deploy civilian per6 sonnel and conduct reconstruction and stabiliza7 tion operations to address the various types of 

8 such crises. 

9 ‘‘(E) Entering into appropriate arrange10 ments with agencies to carry out activities 

11 under this section and the Reconstruction and 

12 Stabilization Civilian Management Act of 2008. 

13 ‘‘(F) Identifying personnel in State and 

14 local governments and in the private sector who 

15 are available to participate in the Civilian Re16 serve Corps established under subsection (b) or 

17 to otherwise participate in or contribute to re18 construction and stabilization activities. 

19 ‘‘(G) Taking steps to ensure that training 

20 and education of civilian personnel to perform 

21 such reconstruction and stabilization activities 

22 is adequate and is carried out, as appropriate, 

23 with other agencies involved with stabilization 

24 operations. 


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1 ‘‘(H) Taking steps to ensure that plans for 

2 United States reconstruction and stabilization 

3 operations are coordinated with and com4 plementary to reconstruction and stabilization 

5 activities of other governments and inter6 national and nongovernmental organizations, to 

7 improve effectiveness and avoid duplication. 

8 ‘‘(I) Maintaining the capacity to field on 

9 short notice an evaluation team consisting of 

10 personnel from all relevant agencies to under11 take on-site needs assessment. 

12 ‘‘(b) RESPONSE READINESS CORPS.— 

13 ‘‘(1) RESPONSE READINESS CORPS.—The Sec14 retary, in consultation with the Administrator of the 

15 United States Agency for International Development 

16 and the heads of other appropriate agencies of the 

17 United States Government, may establish and main18 tain a Response Readiness Corps (referred to in this 

19 section as the ‘Corps’) to provide assistance in sup20 port of reconstruction and stabilization operations in 

21 countries or regions that are at risk of, in, or are 

22 in transition from, conflict or civil strife. The Corps 

23 shall be composed of active and standby components 

24 consisting of United States Government personnel, 

25 including employees of the Department of State, the 


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1 United States Agency for International Develop2 ment, and other agencies who are recruited and 

3 trained (and employed in the case of the active com4 ponent) to provide such assistance when deployed to 

5 do so by the Secretary to support the purposes of 

6 this subtitle. 

7 ‘‘(2) CIVILIAN RESERVE CORPS.—The Sec8 retary, in consultation with the Administrator of the 

9 United States Agency for International Develop10 ment, may establish a Civilian Reserve Corps for 

11 which purpose the Secretary is authorized to employ 

12 and train individuals who have the skills necessary 

13 for carrying out reconstruction and stabilization ac14 tivities, and who have volunteered for that purpose. 

15 The Secretary may deploy members of the Civilian 

16 Reserve Corps pursuant to a determination by the 

17 President under section 618 of the Foreign Assist18 ance Act of 1961. 

19 ‘‘(3) MITIGATION OF DOMESTIC IMPACT.—The 

20 establishment and deployment of any Civilian Re21 serve Corps shall be undertaken in a manner that 

22 will avoid substantively impairing the capacity and 

23 readiness of any State and local governments from 

24 which Civilian Reserve Corps personnel may be 

25 drawn. 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Secretary of State 

3 such sums as may be necessary for fiscal years 2007 

4 through 2010 for the Office and to support, educate, train, 

5 maintain, and deploy a Response Readiness Corps and a 

6 Civilian Reserve Corps. 

7 ‘‘(d) EXISTING TRAINING AND EDUCATION PRO8 GRAMS.—The Secretary shall ensure that personnel of the 

9 Department, and, in coordination with the Administrator 

10 of USAID, that personnel of USAID, make use of the rel11 evant existing training and education programs offered 

12 within the Government, such as those at the Center for 

13 Stabilization and Reconstruction Studies at the Naval 

14 Postgraduate School and the Interagency Training, Edu15 cation, and After Action Review Program at the National 

16 Defense University.’’. 

17 SEC. 4106. AUTHORITIES RELATED TO PERSONNEL. 

18 (a) EXTENSION OF CERTAIN FOREIGN SERVICE

19 BENEFITS.—The Secretary, or the head of any agency 

20 with respect to personnel of that agency, may extend to 

21 any individuals assigned, detailed, or deployed to carry out 

22 reconstruction and stabilization activities pursuant to sec23 tion 62 of the State Department Basic Authorities Act 

24 of 1956 (as added by section 4105 of this Act), the bene25 fits or privileges set forth in sections 413, 704, and 901 


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1 of the Foreign Service Act of 1980 (22 U.S.C. 3973, 22 

2 U.S.C. 4024, and 22 U.S.C. 4081) to the same extent and 

3 manner that such benefits and privileges are extended to 

4 members of the Foreign Service. 

5 (b) AUTHORITY REGARDING DETAILS.—The Sec6 retary is authorized to accept details or assignments of 

7 any personnel, and any employee of a State or local gov8 ernment, on a reimbursable or nonreimbursable basis for 

9 the purpose of carrying out this subtitle, and the head of 

10 any agency is authorized to detail or assign personnel of 

11 such agency on a reimbursable or nonreimbursable basis 

12 to the Department of State for purposes of section 62 of 

13 the State Department Basic Authorities Act of 1956, as 

14 added by section 4105 of this Act. 

15 SEC. 4107. RECONSTRUCTION AND STABILIZATION STRAT16 EGY. 

17 (a) IN GENERAL.—The Secretary of State, in con18 sultation with the Administrator of the United States 

19 Agency for International Development, shall develop an 

20 interagency strategy to respond to reconstruction and sta21 bilization operations. 

22 (b) CONTENTS.—The strategy required under sub23 section (a) shall include the following: 

24 (1) Identification of and efforts to improve the 

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1 struction and stabilization operations in countries or 

2 regions that are at risk of, in, or are in transition 

3 from, conflict or civil strife. 

4 (2) Identification of specific agencies that can 

5 adequately satisfy the skills sets referred to in para6 graph (1). 

7 (3) Efforts to increase training of Federal civil8 ian personnel to carry out reconstruction and sta9 bilization activities. 

10 (4) Efforts to develop a database of proven and 

11 best practices based on previous reconstruction and 

12 stabilization operations. 

13 (5) A plan to coordinate the activities of agen14 cies involved in reconstruction and stabilization oper15 ations. 

16 SEC. 4108. ANNUAL REPORTS TO CONGRESS. 

17 Not later than 180 days after the date of the enact18 ment of this Act and annually for each of the five years 

19 thereafter, the Secretary of State shall submit to the ap20 propriate congressional committees a report on the imple21 mentation of this subtitle. The report shall include de22 tailed information on the following: 

23 (1) Any steps taken to establish a Response 

24 Readiness Corps and a Civilian Reserve Corps, pur25 suant to section 62 of the State Department Basic 


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1 Authorities Act of 1956 (as added by section 4105 

2 of this Act). 

3 (2) The structure, operations, and cost of the 

4 Response Readiness Corps and the Civilian Reserve 

5 Corps, if established. 

6 (3) How the Response Readiness Corps and the 

7 Civilian Reserve Corps coordinate, interact, and 

8 work with other United States foreign assistance 

9 programs. 

10 (4) An assessment of the impact that deploy11 ment of the Civilian Reserve Corps, if any, has had 

12 on the capacity and readiness of any domestic agen13 cies or State and local governments from which Ci14 vilian Reserve Corps personnel are drawn. 

15 (5) The reconstruction and stabilization strat16 egy required by section 4107 and any annual up17 dates to that strategy. 

18 (6) Recommendations to improve implementa19 tion of subsection (b) of section 62 of the State De20 partment Basic Authorities Act of 1956, including 

21 measures to enhance the recruitment and retention 

22 of an effective Civilian Reserve Corps. 

23 (7) A description of anticipated costs associated 

24 with the development, annual sustainment, and de25 ployment of the Civilian Reserve Corps. 


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1 Subtitle C—Overseas Private In2 vestment Corporation Reauthor3 ization of Act of 2008 

4 SEC. 4201. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Overseas Private 

6 Investment Corporation Reauthorization Act of 2008’’. 

7 SEC. 4202. REAUTHORIZATION OF OPIC PROGRAMS. 

8 Section 235(a)(2) of the Foreign Assistance Act of 

9 1961 (22 U.S.C. 2195(a)(2)) is amended by striking 

10 ‘‘September 30, 2007’’ and inserting ‘‘September 30, 

11 2011’’. 

12 SEC. 4203. REQUIREMENTS REGARDING INTERNATIONALLY 

13 RECOGNIZED WORKER RIGHTS. 

14 Subsection (a) of section 231A of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2191a(a)) is amended to read 

16 as follows: 

17 ‘‘(a) INTERNATIONALLY RECOGNIZED WORKER

18 RIGHTS.— 

19 ‘‘(1) IN GENERAL.—The Corporation may in20 sure, reinsure, guaranty, or finance a project only 

21 if— 

22 ‘‘(A) the country in which the project is to 

23 be undertaken is eligible for designation as a 

24 beneficiary developing country under the Gener25 alized System of Preferences (19 U.S.C. 2461 


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1 et seq.) and has not been determined to be in2 eligible for such designation on the basis of sec3 tion 502(b)(2)(G) of the Trade Act of 1974 (19 

4 U.S.C. 2462(b)(2)(G)) (relating to internation5 ally recognized worker rights), or section 

6 502(b)(2)(H) of such Act (19 U.S.C. 

7 2462(b)(2)(H) (relating to the worst forms of 

8 child labor); or 

9 ‘‘(B) the country in which the project is to 

10 be undertaken is not eligible for designation as 

11 a beneficiary country under the Generalized 

12 System of Preferences, the government of that 

13 country has taken or is taking steps to afford 

14 workers in the country (including any des15 ignated zone or special administrative region or 

16 area in that country) internationally recognized 

17 worker rights (as defined in section 507(4) of 

18 the Trade Act of 1974) (19 U.S.C. 2467(4)). 

19 ‘‘(2) LIMITATION INAPPLICABLE.—The limita20 tion contained in paragraph (1) shall not apply to 

21 providing assistance for humanitarian services. 

22 ‘‘(3) USE OF REPORTS.—The Corporation shall, 

23 in implementing paragraph (1), consider— 

24 ‘‘(A) information contained in the reports 

25 required by sections 116(d) and 502B(b) of this 


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1 Act and the report required by section 504 of 

2 the Trade Act of 1974 (19 U.S.C. 2464); 

3 ‘‘(B) other relevant sources of information 

4 readily available to the Corporation, including 

5 observations, reports, and recommendations of 

6 the International Labour Organization; and 

7 ‘‘(C) information provided in the hearing 

8 required under subsection (c). 

9 ‘‘(4) CONTRACT LANGUAGE.—The Corporation 

10 shall include the following language, in substantially 

11 the following form, in all contracts which the Cor12 poration enters into with eligible investors to provide 

13 support under this title: 

14 ‘‘The investor agrees not to take any actions to 

15 obstruct or prevent employees of the foreign enter16 prise from exercising the employees’ internationally 

17 recognized worker rights (as defined in section 

18 507(4) of the Trade Act of 1974) (19 U.S.C. 

19 2467(4)) and the investor agrees to adhere to the 

20 obligations regarding those rights. The investor 

21 agrees to prohibit discrimination with respect to em22 ployment and occupation. 

23 ‘‘(5) PREFERENCE TO CERTAIN COUNTRIES.— 

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1 poration shall give preferential consideration to 

2 projects in countries that— 

3 ‘‘(A) have adopted and maintained, in the 

4 country’s laws and regulations, internationally 

5 recognized worker rights, as well as the elimi6 nation of discrimination with respect to employ7 ment and occupation; and 

8 ‘‘(B) are effectively enforcing those laws.’’. 

9 SEC. 4204. PREFERENTIAL CONSIDERATION OF CERTAIN 

10 INVESTMENT PROJECTS. 

11 Section 231(f) of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2191(f)) is amended to read as follows: 

13 ‘‘(f) to the greatest degree practicable and consistent 

14 with the goals of the Corporation, to give preferential con15 sideration to investment projects in any less developed 

16 country the government of which is receptive to both do17 mestic and foreign private enterprise and to projects in 

18 any country the government of which is willing and able 

19 to maintain conditions that enable private enterprise to 

20 make a full contribution to the development process;’’. 

21 SEC. 4205. CLIMATE CHANGE MITIGATION ACTION PLAN. 

22 Title IV of chapter 2 of part I of the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2191 et seq.) is amended 

24 by inserting after section 234A the following new section: 


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1 ‘‘SEC. 234B. CLIMATE CHANGE MITIGATION. 

2 ‘‘(a) MITIGATION ACTION PLAN.—The Corporation 

3 shall, not later than 180 days after the date of the enact4 ment of the Overseas Private Investment Corporation Re5 authorization Act of 2008, institute a climate change miti6 gation action plan that includes the following: 

7 ‘‘(1) CLEAN TECHNOLOGY.— 

8 ‘‘(A) INCREASING ASSISTANCE.—The Cor9 poration shall establish a goal of substantially 

10 increasing its support of projects that use, de11 velop, or otherwise promote the use of clean en12 ergy technologies during the 10-year period be13 ginning on the date of the enactment of the 

14 Overseas Private Investment Corporation Reau15 thorization Act of 2008. 

16 ‘‘(B) PREFERENTIAL TREATMENT TO

17 PROJECTS.—The Corporation shall give pref18 erential treatment to evaluating and awarding 

19 assistance for, and provide greater flexibility in 

20 supporting, projects that use, develop, or other21 wise promote the use of clean energy tech22 nologies. 

23 ‘‘(C) REPORT ON PLAN.—The Corporation 

24 shall, not later than 180 days after the date of 

25 the enactment of the Overseas Private Invest26 ment Corporation Reauthorization Act of 2008, 


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1 submit to the Committees on Foreign Relations 

2 and Appropriations of the Senate and the Com3 mittees on Foreign Affairs and Appropriations 

4 of the House of Representatives a report on the 

5 plan developed to carry out subparagraph (A). 

6 Thereafter, the Corporation shall include in its 

7 annual report required under section 240A a 

8 discussion of the plan and its implementation. 

9 ‘‘(2) ENVIRONMENTAL IMPACT ASSESS10 MENTS.— 

11 ‘‘(A) GREENHOUSE GAS EMISSIONS.—The 

12 Corporation shall, in making an environmental 

13 impact assessment or initial environmental 

14 audit for a project under section 231A(b), also 

15 take into account the degree to which the 

16 project contributes to the emission of green17 house gases. 

18 ‘‘(B) OTHER DUTIES NOT AFFECTED.— 

19 The requirement provided for under subpara20 graph (A) is in addition to any other require21 ment, obligation, or duty of the Corporation. 

22 ‘‘(3) GOALS FOR REDUCING GREENHOUSE GAS

23 EMISSIONS.— 

24 ‘‘(A) IN GENERAL.—The Corporation shall 

25 continue to maintain— 


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1 ‘‘(i) a goal for reducing direct green2 house gas emissions associated with 

3 projects in the Corporation’s portfolio on 

4 the date of the enactment of the Overseas 

5 Private Investment Corporation Reauthor6 ization Act of 2008 by 20 percent during 

7 the 10-year period beginning on such date 

8 of enactment; and 

9 ‘‘(ii) a goal for limiting annual invest10 ments in projects that have significant 

11 greenhouse gas emissions after such date 

12 of enactment in a manner that reduces 

13 greenhouse gas emissions associated with 

14 projects in the Corporation’s total portfolio 

15 by 20 percent during the 10-year period 

16 beginning on such date of enactment. 

17 ‘‘(B) SPECIAL RULES.— 

18 ‘‘(i) BASELINE.—For purposes of de19 termining the percentage by which green20 house gas emissions are reduced under 

21 subparagraph (A), the Corporation shall 

22 use the aggregate estimated greenhouse 

23 gas emissions for projects in the Corpora24 tion’s portfolio. 


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1 ‘‘(ii) SIGNIFICANT GREENHOUSE GAS

2 EMISSIONS PROJECTS.—For purposes of 

3 this paragraph, projects that have signifi4 cant greenhouse gas emissions are projects 

5 that result in the emission of more than 

6 100,000 tons of CO2 equivalent each year. 

7 ‘‘(C) REPORTING REQUIREMENTS.—The 

8 Corporation shall include, in each annual report 

9 required under section 240A, the following in10 formation with respect to the period covered by 

11 the report: 

12 ‘‘(i) The annual greenhouse gas emis13 sions attributable to each project in the 

14 Corporation’s active portfolio that has sig15 nificant greenhouse gas emissions. 

16 ‘‘(ii) The estimated greenhouse gas 

17 emissions for each new project that has 

18 significant greenhouse gas emissions for 

19 which the Corporation provided insurance, 

20 reinsurance, a guaranty, or financing, 

21 since the previous report. 

22 ‘‘(iii) The extent to which the Cor23 poration is meeting the goals described in 

24 subparagraph (A) for reducing greenhouse 

25 gas emissions. 


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1 ‘‘(iv) Each new project for which the 

2 Corporation provided insurance, reinsur3 ance, a guaranty, or financing, that in4 volves renewable energy and environ5 mentally beneficial products and services, 

6 including increased clean energy tech7 nology. 

8 ‘‘(b) EXTRACTION INVESTMENTS.— 

9 ‘‘(1) PRIOR NOTIFICATION TO CONGRESSIONAL

10 COMMITTEES.— 

11 ‘‘(A) IN GENERAL.—The Corporation shall 

12 provide notice of consideration of approval of a 

13 project described in subparagraph (B) to the 

14 Committees on Foreign Relations and Appro15 priations of the Senate and the Committees on 

16 Foreign Affairs and Appropriations of the 

17 House of Representatives not later than 60 

18 days before approval of such project. 

19 ‘‘(B) PROJECT DESCRIBED.—A project de20 scribed in this subparagraph is a Category A 

21 project (as defined in section 237(q)(3)) relat22 ing to an extractive industry project or any ex23 tractive industry project for which the assist24 ance to be provided by the Corporation is valVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ued at $10,000,000 or more (including contin2 gent liability). 

3 ‘‘(2) COMMITMENT TO EITI PRINCIPLES.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the Corporation may ap6 prove a contract of insurance, reinsurance, a 

7 guaranty, or enter into an agreement to provide 

8 financing to an eligible investor for a project 

9 that significantly involves an extractive industry 

10 only if— 

11 ‘‘(i) the eligible investor has agreed to 

12 implement the Extractive Industries 

13 Transparency Initiative principles and cri14 teria, or substantially similar principles 

15 and criteria related to the specific project 

16 to be carried out; and 

17 ‘‘(ii)(I) the host country where the 

18 project is to be carried out has committed 

19 to the Extractive Industries Transparency 

20 Initiative principles and criteria, or sub21 stantially similar principles and criteria; or 

22 ‘‘(II) the host country where the 

23 project is to be carried out has in place or 

24 is taking the necessary steps to establish 

25 functioning systems for— 


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1 ‘‘(aa) accurately accounting for 

2 revenues and expenditures in connec3 tion with the extraction and export of 

4 the type of natural resource to be ex5 tracted or exported; 

6 ‘‘(bb) the independent audit of 

7 such revenues and expenditures and 

8 the widespread public dissemination of 

9 the finding of the audit; and 

10 ‘‘(cc) verifying government re11 ceipts against company payments, in12 cluding widespread dissemination of 

13 such payment information, and disclo14 sure of such documents as host gov15 ernment agreements, concession 

16 agreements, and bidding documents, 

17 and allowing in any such dissemina18 tion or disclosure for the redaction of, 

19 or exceptions for, information that is 

20 commercially proprietary or that 

21 would create a competitive disadvan22 tage. 

23 ‘‘(B) EXCEPTION.—If a host country does 

24 not meet the requirements of subparagraph 

25 (A)(ii) (I) or (II), the Corporation may approve 


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1 a contract of insurance, reinsurance, or a guar2 anty, or enter into an agreement to provide fi3 nancing for a project in the host country if the 

4 Corporation determines it is in the foreign pol5 icy interest of the United States for the Cor6 poration to provide support for the project in 

7 the host country and the host country does not 

8 prevent an eligible investor from complying with 

9 subparagraph (A)(i). 

10 ‘‘(3) PREFERENCE FOR CERTAIN PROJECTS.— 

11 With respect to all projects that significantly involve 

12 an extractive industry, the Corporation, to the extent 

13 practicable and consistent with the Corporation’s de14 velopment objectives, shall give preference to a 

15 project in which the eligible investor has agreed to 

16 implement the Extractive Industries Transparency 

17 Initiative principles and criteria, or substantially 

18 similar principles and criteria, and the host country 

19 where the project is to be carried out has committed 

20 to the Extractive Industries Transparency Initiative 

21 principles and criteria, or substantially similar prin22 ciples and criteria. 

23 ‘‘(4) EFFECT ON OTHER REQUIREMENTS.— 

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1 tions and prohibitions with respect to direct invest2 ments described in section 234(c). 

3 ‘‘(5) REPORTING REQUIREMENT.—The Cor4 poration shall include in its annual report required 

5 under section 240A a description of its activities to 

6 carry out this subsection. 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) CLEAN ENERGY TECHNOLOGY.—The term 

9 ‘clean energy technology’ means an energy supply or 

10 end-use technology that, compared to a similar tech11 nology already in widespread commercial use in a 

12 host country, will— 

13 ‘‘(A) reduce emissions of greenhouse gases; 

14 or 

15 ‘‘(B) decrease the intensity of energy 

16 usage. 

17 ‘‘(2) GREENHOUSE GAS.—The term ‘greenhouse 

18 gas’ means— 

19 ‘‘(A) carbon dioxide; 

20 ‘‘(B) methane; 

21 ‘‘(C) nitrous oxide; 

22 ‘‘(D) hydrofluorocarbons; 

23 ‘‘(E) perfluorocarbons; or 

24 ‘‘(F) sulfur hexafluoride. 


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1 ‘‘(3) EXTRACTIVE INDUSTRY.—The term ‘ex2 tractive industry’ refers to an enterprise engaged in 

3 the exploration, development, or extraction of oil and 

4 gas reserves, metal ores, gemstones, industrial min5 erals (except rock used for construction purposes), 

6 or coal.’’. 

7 SEC. 4206. INCREASED TRANSPARENCY. 

8 (a) IN GENERAL.—Paragraph (2) of section 231A(c) 

9 of the Foreign Assistance Act of 1961 (22 U.S.C. 

10 2191a(c)(2)) is amended to read as follows: 

11 ‘‘(2) In conjunction with each meeting of its Board 

12 of Directors, the Corporation shall hold a public hearing 

13 in order to afford an opportunity for any person to present 

14 views regarding the activities of the Corporation. The Cor15 poration shall notice such a hearing at least 20 days in 

16 advance. At least 15 days in advance of such hearing the 

17 Corporation shall make available a public summary of 

18 each project, including information related to workers 

19 rights, to be considered at the meeting. The Corporation 

20 shall not include any confidential business information in 

21 the summary made available under this subsection. Such 

22 views shall be made part of the record.’’. 

23 (b) ADDITIONAL TRANSPARENCY.—Section 237 of 

24 the Foreign Assistance Act of 1961 (22 U.S.C. 2197) is 


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1 amended by adding at the end the following new sub2 sections: 

3 ‘‘(p) REVIEW OF METHODOLOGY.—Not later than 

4 180 days after the date of the enactment of the Overseas 

5 Private Investment Corporation Reauthorization Act of 

6 2008, the Corporation shall make available to the public 

7 the methodology, including relevant regulations, used to 

8 assess and monitor the impact of projects supported by 

9 the Corporation on employment in the United States and 

10 on the development, the environment, and the protection 

11 of internationally recognized worker rights, as well as the 

12 elimination of discrimination with respect to employment 

13 and occupation, in host countries. 

14 ‘‘(q) PUBLIC NOTICE PRIOR TO PROJECT AP15 PROVAL.— 

16 ‘‘(1) PUBLIC NOTICE.— 

17 ‘‘(A) IN GENERAL.—The Board of Direc18 tors of the Corporation may not vote in favor 

19 of any action proposed to be taken by the Cor20 poration on a Category A project before the 

21 date that is 60 days after the Corporation— 

22 ‘‘(i) makes available for public com23 ment a summary of the project and rel24 evant information about the project; and 


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1 ‘‘(ii) such summary and information 

2 described in clause (i) has been made 

3 available to groups in the area that may be 

4 impacted by the proposed project and to 

5 nongovernmental organizations in the host 

6 country. 

7 ‘‘(B) EXCEPTION.—The Corporation shall 

8 not include any confidential business informa9 tion in the summary and information made 

10 available under clauses (i) and (ii) of subpara11 graph (A). 

12 ‘‘(2) PUBLISHED RESPONSE.—To the extent 

13 practicable, the Corporation shall publish responses 

14 to the comments received under paragraph (1)(A)(i) 

15 with respect to a Category A project and submit the 

16 responses to the Board not later than 7 days before 

17 a vote is to be taken on any action proposed by the 

18 Corporation on the project. 

19 ‘‘(3) CATEGORY A PROJECT DEFINED.—The 

20 term ‘Category A project’ means any project or 

21 other activity for which the Corporation proposes to 

22 provide insurance, reinsurance, a guaranty, financ23 ing, or other assistance under this title and which is 

24 likely to have a significant adverse environmental 

25 impact.’’. 


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1 (c) OFFICE OF ACCOUNTABILITY.—Section 237 of 

2 the Foreign Assistance Act of 1961 (22 U.S.C. 2197), as 

3 amended by subsection (b) of this section, is amended by 

4 adding at the end the following new subsection: 

5 ‘‘(r) OFFICE OF ACCOUNTABILITY.—The Corporation 

6 shall maintain an Office of Accountability to provide, to 

7 the maximum extent practicable, upon request, problem8 solving services for projects supported by the Corporation 

9 and review of the Corporation’s compliance with its envi10 ronmental, social, internationally recognized worker 

11 rights, human rights, and transparency policies and proce12 dures. The Office of Accountability shall operate in a man13 ner that is fair, objective, and transparent.’’. 

14 SEC. 4207. TRANSPARENCY AND ACCOUNTABILITY OF IN15 VESTMENT FUNDS. 

16 (a) IN GENERAL.—Section 239 of the Foreign Assist17 ance Act of 1961 (22 U.S.C. 2199) is amended by adding 

18 at the end the following: 

19 ‘‘(l) TRANSPARENCY AND ACCOUNTABILITY OF IN20 VESTMENT FUNDS.— 

21 ‘‘(1) COMPETITIVE SELECTION OF INVESTMENT

22 FUND MANAGEMENT.—With respect to any invest23 ment fund that the Corporation creates on or after 

24 the date of the enactment of the Overseas Private 

25 Investment Corporation Reauthorization Act of 


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1 2008, the Corporation may select persons to manage 

2 the fund only by contract using competitive proce3 dures that are full and open. 

4 ‘‘(2) CRITERIA FOR SELECTION.—In assessing 

5 proposals for investment fund management pro6 posals, the Corporation shall consider, in addition to 

7 other factors, the following: 

8 ‘‘(A) The prospective fund management’s 

9 experience, depth, and cohesiveness. 

10 ‘‘(B) The prospective fund management’s 

11 track record in investing risk capital in emerg12 ing markets. 

13 ‘‘(C) The prospective fund management’s 

14 experience, management record, and monitoring 

15 capabilities in the countries in which the man16 agement operates, including details of local 

17 presence (directly or through local alliances). 

18 ‘‘(D) The prospective fund management’s 

19 experience as a fiduciary in managing institu20 tional capital, meeting reporting requirements, 

21 and administration. 

22 ‘‘(E) The prospective fund management’s 

23 record in avoiding investments in companies 

24 that would be disqualified under section 

25 239(m). 


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1 ‘‘(3) ANNUAL REPORT.—The Corporation shall 

2 include in each annual report under section 240A an 

3 analysis of the investment fund portfolio of the Cor4 poration, including the following: 

5 ‘‘(A) FUND PERFORMANCE.—An analysis 

6 of the aggregate financial performance of the 

7 investment fund portfolio grouped by region 

8 and maturity. 

9 ‘‘(B) STATUS OF LOAN GUARANTIES.—The 

10 amount of guaranties committed by the Cor11 poration to support investment funds, including 

12 the percentage of such amount that has been 

13 disbursed to the investment funds. 

14 ‘‘(C) RISK RATINGS.—The definition of 

15 risk ratings, and the current aggregate risk rat16 ings for the investment fund portfolio, including 

17 the number of investment funds in each of the 

18 Corporation’s rating categories. 

19 ‘‘(D) COMPETITIVE SELECTION OF INVEST20 MENT FUND MANAGEMENT.—The number of 

21 proposals received and evaluated for each newly 

22 established investment fund.’’. 

23 (b) GAO REVIEW.—Not later than 1 year after the 

24 submission of the first report to Congress under section 

25 240A of the Foreign Assistance Act of 1961 that includes 


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1 the information required by section 239(l)(3) of that Act 

2 (as added by subsection (a) of this section), the Comp3 troller General of the United States shall prepare and sub4 mit to the Committee on Foreign Relations of the Senate 

5 and the Committee on Foreign Affairs of the House of 

6 Representatives an independent assessment of the invest7 ment fund portfolio of the Overseas Private Investment 

8 Corporation, covering the items required to be addressed 

9 under such section 239(l)(3). 

10 SEC. 4208. PROHIBITION ON ASSISTANCE TO DEVELOP OR 

11 PROMOTE CERTAIN RAILWAY CONNECTIONS 

12 AND RAILWAY-RELATED CONNECTIONS. 

13 Section 237 of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2197), as amended by section 4206, is amend15 ed by adding at the end the following: 

16 ‘‘(s) PROHIBITION ON ASSISTANCE FOR CERTAIN

17 RAILWAY PROJECTS.—The Corporation may not provide 

18 insurance, reinsurance, a guaranty, financing, or other as19 sistance to support the development or promotion of a rail20 way connection or railway-related connection that connects 

21 Azerbaijan and Turkey without connecting or traversing 

22 with Armenia.’’. 


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1 SEC. 4209. INELIGIBILITY OF PERSONS DOING CERTAIN 

2 BUSINESS WITH STATE SPONSORS OF TER3 RORISM. 

4 (a) IN GENERAL.—Section 231 of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2191) is amended by— 

6 (1) striking ‘‘and’’ at the end of division (m); 

7 (2) by striking the period at the end of division 

8 (n) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(o) to decline to issue any contract of insurance or 

11 reinsurance, or any guaranty, or to enter into any agree12 ment to provide financing or any other assistance for a 

13 prospective eligible investor who enters, directly or 

14 through an affiliate, into certain discouraged transactions 

15 with a state sponsor of terrorism.’’. 

16 (b) GENERAL PROVISIONS AND POWERS.—Section 

17 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2199), as amended by section 4207, is amended by adding 

19 at the end the following: 

20 ‘‘(m) STATE SPONSOR OF TERRORISM.— 

21 ‘‘(1) IN GENERAL.—In order to carry out the 

22 policy set forth in section 231(o) of this Act, the 

23 Corporation shall require a certification from an of24 ficer of a prospective OPIC-supported United States 

25 investor that the investor and all affiliates of the inVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 vestor are not engaged in a discouraged transaction 

2 with a state sponsor of terrorism. 

3 ‘‘(2) DISCOURAGED TRANSACTION.—In this 

4 subsection, the term ‘discouraged transaction’ means 

5 any of the following activities: 

6 ‘‘(A) An investment commitment of 

7 $20,000,000 or more by the investor in the en8 ergy sector in a state sponsor of terrorism. 

9 ‘‘(B) Any loan, or an extension of credit, 

10 to the government of a state sponsor of ter11 rorism by the investor that— 

12 ‘‘(i) is outstanding on the date the 

13 Corporation enters into a contract with the 

14 investor; and 

15 ‘‘(ii) that has a value of more than 

16 $5,000,000, including the sale of goods for 

17 which payment is not required by the pur18 chaser within 45 days. 

19 ‘‘(C) The transfer by the investor of goods 

20 that are included on the United States Muni21 tions List, referred to in section 38(a)(1) of the 

22 Arms Export Control Act (22 U.S.C. 

23 2778(a)(1)) to a state sponsor of terrorism 

24 within the 3-year period preceding the date the 


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1 Corporation enters into a contract with the in2 vestor. 

3 ‘‘(3) EXCEPTION.—An officer of a prospective 

4 OPIC-supported United States investor may provide 

5 a certification under this subsection notwithstanding 

6 the fact that an affiliate of the investor is engaged 

7 in a discouraged transaction if the transaction is 

8 carried out under a contract or other obligation of 

9 the affiliate that was entered into or incurred before 

10 the acquisition of such affiliate by the prospective 

11 OPIC-supported United States investor or the par12 ent company of the OPIC-supported United States 

13 investor. 

14 ‘‘(4) DEFINITIONS.—In this subsection: 

15 ‘‘(A) AFFILIATE.—The term ‘affiliate’ 

16 means any person that is directly or indirectly 

17 controlled by, under common control with, or 

18 controls a prospective OPIC-supported United 

19 States investor or the parent company of such 

20 investor. 

21 ‘‘(B) INVESTMENT COMMITMENT IN THE

22 ENERGY SECTOR OF A STATE SPONSOR OF TER23 RORISM.—The term ‘investment commitment in 

24 the energy sector of a state sponsor of ter25 rorism’ means any of the following activities if 


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1 such activity is undertaken pursuant to a com2 mitment, or pursuant to the exercise of rights 

3 under a commitment, that was entered into 

4 with the government of a state sponsor of ter5 rorism or a nongovernmental entity in a coun6 try that is a state sponsor of terrorism: 

7 ‘‘(i) The entry into a contract that in8 cludes responsibility for the development or 

9 transportation of petroleum or natural gas 

10 resources located in a country that is a 

11 state sponsor of terrorism, or the entry 

12 into a contract providing for the general 

13 supervision or guaranty of another per14 son’s performance of such a contract. 

15 ‘‘(ii) The purchase of a share of own16 ership, including an equity interest, in the 

17 development of petroleum or natural re18 sources described in clause (i). 

19 ‘‘(iii) The entry into a contract pro20 viding for the participation in royalties, 

21 earnings, or profits in the development of 

22 petroleum or natural resources described in 

23 clause (i), without regard to the form of 

24 the participation. 


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1 ‘‘(C) STATE SPONSOR OF TERRORISM.— 

2 The term ‘state sponsor of terrorism’ — 

3 ‘‘(i) means any country the govern4 ment of which the Secretary of State has 

5 determined has repeatedly provided sup6 port for acts of international terrorism 

7 pursuant to section 6(j) of the Export Ad8 ministration Act of 1979, section 620A of 

9 this Act, or section 40 of the Arms Export 

10 Control Act; and 

11 ‘‘(ii) does not include Southern 

12 Sudan, Southern Kordofan/Nuba Moun13 tains State, Blue Nile State, and Abyei, 

14 Darfur, if the Corporation, with the con15 currence of the Secretary of State, deter16 mines that providing assistance for 

17 projects in such regions will provide emer18 gency relief, promote economic self-suffi19 ciency, or implement a nonmilitary pro20 gram in support of a viable peace agree21 ment in Sudan, such as the Comprehensive 

22 Peace Agreement for Sudan and the 

23 Darfur Peace Agreement.’’. 


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1 SEC. 4210. CONGRESSIONAL NOTIFICATION REGARDING 

2 MAXIMUM CONTINGENT LIABILITY. 

3 Section 239 of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2199), as amended by sections 4207 and 4209, 

5 is amended by adding at the end the following: 

6 ‘‘(n) CONGRESSIONAL NOTIFICATION OF INCREASE

7 IN MAXIMUM CONTINGENT LIABILITY.—The Corporation 

8 shall notify the Committee on Foreign Relations of the 

9 Senate and the Committee on Foreign Affairs of the 

10 House of Representatives not later than 15 days after the 

11 date on which the Corporation’s maximum contingent li12 ability outstanding at any one time pursuant to insurance 

13 issued under section 234(a), and the amount of financing 

14 issued under sections 234(b) and (c), exceeds the Corpora15 tion’s maximum contingent liability for the preceding fis16 cal year by 25 percent or more.’’. 

17 SEC. 4211. EXTENSION OF AUTHORITY TO OPERATE IN 

18 IRAQ. 

19 Section 239 of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2199), as amended by sections 4207, 4209, 

21 and 4210, is amended by adding at the end the following: 

22 ‘‘(o) OPERATIONS IN IRAQ.—Notwithstanding sub23 sections (a) and (b) of section 237, the Corporation is au24 thorized to undertake in Iraq any program authorized by 

25 this title.’’. 


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1 SEC. 4212. LOW-INCOME HOUSING. 

2 Not later than 1 year after the date of the enactment 

3 of this Act, the Corporation shall submit a report to the 

4 Committee on Foreign Relations of the Senate and the 

5 Committee on Foreign Affairs of the House of Representa6 tives, in consultation with appropriate departments, agen7 cies, and instrumentalities of the United States, as well 

8 as private entities, on the feasibility of broadening the as9 sistance the Corporation provides to projects that provide 

10 support to low-income home buyers. If the Corporation 

11 finds such assistance is feasible, the Corporation shall 

12 identify and begin to implement steps to proceed to pro13 vide such assistance. 

14 SEC. 4213. ASSISTANCE FOR SMALL BUSINESSES AND ENTI15 TIES. 

16 Section 240 of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2200) is amended by adding at the end the 

18 following: 

19 ‘‘(c) RESOURCES DEDICATED TO SMALL BUSI20 NESSES, COOPERATIVES, AND OTHER SMALL UNITED

21 STATES INVESTORS.—The Corporation shall ensure that 

22 adequate personnel and resources, including senior offi23 cers, are dedicated to assist United States small busi24 nesses, cooperatives, and other small United States inves25 tors in obtaining insurance, reinsurance, financing, and 

26 other assistance under this title. The Corporation shall inVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 clude, in each annual report under section 240A, the fol2 lowing information with respect to the period covered by 

3 the report: 

4 ‘‘(1) A description of such personnel and re5 sources. 

6 ‘‘(2) The number of United States small busi7 nesses, cooperatives, and other small United States 

8 investors that received insurance, reinsurance, fi9 nancing, and other assistance from the Corporation, 

10 and the dollar value of such insurance, reinsurance, 

11 financing, and other assistance. 

12 ‘‘(3) A description of the projects for which the 

13 insurance, reinsurance, financing, and other assist14 ance was provided.’’. 

15 SEC. 4214. TECHNICAL CORRECTIONS. 

16 (a) PILOT EQUITY FINANCE PROGRAM.—Section 234 

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194) 

18 is amended— 

19 (1) by striking subsection (g); and 

20 (2) by redesignating subsection (h) as sub21 section (g). 

22 (b) TRANSFER AUTHORITY.—Section 235 of the For23 eign Assistance Act of 1961 (22 U.S.C. 2195) is amend24 ed— 

25 (1) by striking subsection (e); and 


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1 (2) by redesignating subsection (f) as sub2 section (e). 

3 (c) GUARANTY CONTRACT.—Section 237(j) of the 

4 Foreign Assistance Act of 1961 (22 U.S.C. 2197(j)) is 

5 amended by inserting ‘‘insurance, reinsurance, and’’ after 

6 ‘‘Each’’. 

7 (d) TRANSFER OF PREDECESSOR PROGRAMS AND

8 AUTHORITIES.— 

9 (1) TRANSFER.—Section 239 of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 2199), as amend11 ed by sections 4207, 4209, 4210, and 4211, is 

12 amended— 

13 (A) by striking subsection (b); and 

14 (B) by redesignating subsections (c) 

15 through (o) as subsections (b) through (n), re16 spectively. 

17 (2) CONFORMING AMENDMENTS.— 

18 (A) Section 237(m)(1) of the Foreign As19 sistance Act of 1961 (22 U.S.C. 2197(m)(1)) is 

20 amended by striking ‘‘239(g)’’ and inserting 

21 ‘‘239(f)’’. 

22 (B) Section 240A(a) of the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2200A(a)) is 

24 amended— 


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1 (i) in paragraph (1), by striking 

2 ‘‘239(h)’’ and inserting ‘‘239(g)’’; and 

3 (ii) in paragraph (2)(A), by striking 

4 ‘‘239(i)’’ and inserting ‘‘239(h)’’. 

5 (C) Section 209(e)(16) of the Admiral 

6 James W. Nance and Meg Donovan Foreign 

7 Relations Authorization Act, Fiscal Years 2000 

8 and 2001 (as enacted into law by section 

9 1000(a)(7) of Public Law 106–113; 31 U.S.C. 

10 1113 note) is amended by striking ‘‘239(c)’’ 

11 and ‘‘2199(c)’’ and inserting ‘‘239(b)’’ and 

12 ‘‘2199(b)’’, respectively. 

13 (e) ADDITIONAL CLERICAL AMENDMENTS.—Section 

14 234(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2194(b)) is amended by striking ‘‘235(a)(2)’’ and insert16 ing ‘‘235(a)(1)’’. 

17 Subtitle D—Tropical Forest and 

18 Coral Conservation Reauthor19 ization Act of 2008 

20 SEC. 4301. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Tropical Forest 

22 and Coral Conservation Reauthorization Act of 2008’’. 


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1 SEC. 4302. AMENDMENT TO SHORT TITLE OF ACT TO EN2 COMPASS EXPANDED SCOPE. 

3 (a) IN GENERAL.—Section 801 of the Tropical For4 est Conservation Act of 1998 (Public Law 87–195; 22 

5 U.S.C. 2151 note) is amended by striking ‘‘Tropical For6 est Conservation Act of 1998’’ and inserting ‘‘Tropical 

7 Forest and Coral Conservation Act of 2008’’. 

8 (b) REFERENCES.—Any reference in any other provi9 sion of law, regulation, document, paper, or other record 

10 of the United States to the ‘‘Tropical Forest Conservation 

11 Act of 1998’’ shall be deemed to be a reference to the 

12 ‘‘Tropical Forest and Coral Conservation Act of 2008’’. 

13 SEC. 4303. EXPANSION OF SCOPE OF ACT TO PROTECT FOR14 ESTS AND CORAL REEFS. 

15 (a) IN GENERAL.—Section 802 of the Tropical For16 est and Coral Conservation Act of 2008 (22 U.S.C. 2431), 

17 as renamed by section 2(a), is amended— 

18 (1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), 

19 (b)(3), and (b)(4), by striking ‘‘tropical forests’’ 

20 each place it appears and inserting ‘‘tropical forests 

21 and coral reefs and associated coastal marine eco22 systems’’; 

23 (2) in subsection (a)(2)— 

24 (A) in subparagraph (A), by striking ‘‘re25 sources, which are the basis for developing 


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1 pharmaceutical products and revitalizing agri2 cultural crops’’ and inserting ‘‘resources’’; and 

3 (B) in subparagraph (C), by striking ‘‘far4 flung’’; and 

5 (3) in subsection (b)(2)— 

6 (A) by striking ‘‘tropical forests’’ the first 

7 place it appears and inserting ‘‘tropical forests 

8 and coral reefs and associated coastal marine 

9 ecosystems’’; 

10 (B) by striking ‘‘tropical forests’’ the sec11 ond place it appears and inserting ‘‘areas’’; 

12 (C) by striking ‘‘tropical forests’’ the third 

13 place it appears and inserting ‘‘tropical forests 

14 and coral reefs and their associated coastal ma15 rine ecosystems’’; and 

16 (D) by striking ‘‘that have led to deforest17 ation’’ and inserting ‘‘on such countries’’. 

18 (b) AMENDMENTS RELATED TO DEFINITIONS.—Sec19 tion 803 of such Act (22 U.S.C. 2431a) is amended— 

20 (1) in paragraph (5)— 

21 (A) in the heading, by striking ‘‘TROPICAL

22 FOREST’’ and inserting ‘‘TROPICAL FOREST OR

23 CORAL REEF’’; 


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1 (B) in the matter preceding subparagraph 

2 (A), by striking ‘‘tropical forest’’ and inserting 

3 ‘‘tropical forest or coral reef’’; and 

4 (C) in subparagraph (B), by striking 

5 ‘‘tropical forest’’ and inserting ‘‘tropical forest 

6 or coral reef’’. 

7 (2) by adding at the end the following new 

8 paragraphs: 

9 ‘‘(10) CORAL.—The term ‘coral’ means species 

10 of the phylum Cnidaria, including— 

11 ‘‘(A) all species of the orders Antipatharia 

12 (black corals), Scleractinia (stony corals), 

13 Alcyonacea (soft corals), Gorgonacea (horny 

14 corals), Stolonifera (organpipe corals and oth15 ers), and Coenothecalia (blue coral), of the class 

16 Anthoza; and 

17 ‘‘(B) all species of the order 

18 Hydrocorallina (fire corals and hydrocorals) of 

19 the class Hydrozoa. 

20 ‘‘(11) CORAL REEF.—The term ‘coral reef’ 

21 means any reef or shoal composed primarily of coral. 

22 ‘‘(12) ASSOCIATED COASTAL MARINE ECO23 SYSTEM.—The term ‘associated coastal marine eco24 system’ means any coastal marine ecosystem sur25 rounding, or directly related to, a coral reef and imVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 portant to maintaining the ecological integrity of 

2 that coral reef, such as seagrasses, mangroves, 

3 sandy seabed communities, and immediately adja4 cent coastal areas.’’. 

5 SEC. 4304. CHANGE TO NAME OF FACILITY. 

6 (a) IN GENERAL.—Section 804 of the Tropical For7 est and Coral Conservation Act of 2008 (22 U.S.C. 

8 2431b), as renamed by section 4302(a), is amended by 

9 striking ‘‘Tropical Forest Facility’’ and inserting ‘‘Con10 servation Facility’’. 

11 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

12 Section 803(8) of such Act (22 U.S.C. 2431a(8)) is 

13 amended— 

14 (1) in the heading, by striking ‘‘TROPICAL FOR15 EST FACILITY’’ and inserting ‘‘CONSERVATION FA16 CILITY’’; and 

17 (2) by striking ‘‘Tropical Forest Facility’’ both 

18 places it appears and inserting ‘‘Conservation Facil19 ity’’. 

20 (c) REFERENCES.—Any reference in any other provi21 sion of law, regulation, document, paper, or other record 

22 of the United States to the ‘‘Tropical Forest Facility’’ 

23 shall be deemed to be a reference to the ‘‘Conservation 

24 Facility’’. 


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1 SEC. 4305. ELIGIBILITY FOR BENEFITS. 

2 Section 805(a) of the Tropical Forest and Coral Con3 servation Act of 2008 (22 U.S.C. 2431c(a)), as renamed 

4 by section 4302(a), is amended by striking ‘‘tropical for5 est’’ and inserting ‘‘tropical forest or coral reef’’. 

6 SEC. 4306. UNITED STATES GOVERNMENT REPRESENTA7 TION ON OVERSIGHT BODIES FOR GRANTS 

8 FROM DEBT-FOR-NATURE SWAPS AND DEBT9 BUYBACKS. 

10 Section 808(a)(5) of the Tropical Forest and Coral 

11 Conservation Act of 2008 (22 U.S.C. 2431f(a)(5)), as re12 named by section 4302(a), is amended by adding at the 

13 end the following new subparagraph: 

14 ‘‘(C) UNITED STATES GOVERNMENT REP15 RESENTATION ON THE ADMINISTERING

16 BODY.—One or more individuals appointed by 

17 the United States Government may serve in an 

18 official capacity on the administering body that 

19 oversees the implementation of grants arising 

20 from a debt-for-nature swap or debt buy-back 

21 regardless of whether the United States is a 

22 party to any agreement between the eligible 

23 purchaser and the government of the bene24 ficiary country.’’. 


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1 SEC. 4307. CONSERVATION AGREEMENTS. 

2 (a) RENAMING OF AGREEMENTS.—Section 809 of 

3 the Tropical Forest and Coral Conservation Act of 2008 

4 (22 U.S.C. 2431g), as renamed by section 4302(a), is 

5 amended— 

6 (1) in the section heading, by striking ‘‘TROP7 ICAL FOREST AGREEMENT’’ and inserting ‘‘CON8 SERVATION AGREEMENT’’; and 

9 (2) in subsection (a)— 

10 (A) by striking ‘‘AUTHORITY’’ and all that 

11 follows through ‘‘(1) IN GENERAL.—The Sec12 retary’’ and inserting ‘‘AUTHORITY.—The Sec13 retary’’; and 

14 (B) by striking ‘‘Tropical Forest Agree15 ment’’ and inserting ‘‘Conservation Agree16 ment’’. 

17 (b) ELIMINATION OF REQUIREMENT TO CONSULT

18 WITH THE ENTERPRISE FOR THE AMERICAS BOARD.— 

19 Such subsection is further amended by striking paragraph 

20 (2). 

21 (c) ROLE OF BENEFICIARY COUNTRIES.—Such sec22 tion is further amended— 

23 (1) in subsection (e)(1)(C), by striking ‘‘in ex24 ceptional circumstances, the government of the bene25 ficiary country’’ and inserting ‘‘in limited cir26 cumstances, the government of the beneficiary counVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 try when needed to improve governance and enhance 

2 management of tropical forests or coral reefs or as3 sociated coastal marine ecosystems, without replac4 ing existing levels of financial efforts by the govern5 ment of the beneficiary country and with priority 

6 given to projects that complement grants made 

7 under subparagraphs (A) and (B)’’; and 

8 (2) by amending subsection (f) to read as fol9 lows: 

10 ‘‘(f) REVIEW OF LARGER GRANTS.—Any grant of 

11 more than $250,000 from a Fund must be approved by 

12 the Government of the United States and the government 

13 of the beneficiary country.’’. 

14 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 Such section is further amended— 

16 (1) in subsection (c)(2)(A)(i), by inserting ‘‘to 

17 serve in an official capacity’’ after ‘‘Government’’; 

18 (2) in subsection (d)— 

19 (A) in the matter preceding paragraph (1), 

20 by striking ‘‘tropical forests’’ and inserting 

21 ‘‘tropical forests and coral reefs and associated 

22 coastal marine ecosystems related to such coral 

23 reefs’’; 

24 (B) in paragraph (5), by striking ‘‘tropical 

25 forest’’; and 


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1 (C) in paragraph (6), by striking ‘‘living in 

2 or near a tropical forest in a manner consistent 

3 with protecting such tropical forest’’ and insert4 ing ‘‘dependent on a tropical forest or coral reef 

5 or an associated coastal marine ecosystem re6 lated to such coral reef and related resources in 

7 a manner consistent with conserving such re8 sources’’. 

9 (e) CONFORMING AMENDMENTS TO DEFINITIONS.— 

10 Section 803(7) of such Act (22 U.S.C. 2431a(7)) is 

11 amended— 

12 (1) in the heading, by striking ‘‘TROPICAL FOR13 EST AGREEMENT’’ and inserting ‘‘CONSERVATION

14 AGREEMENT’’; and 

15 (2) by striking ‘‘Tropical Forest Agreement’’ 

16 both places it appears and inserting ‘‘Conservation 

17 Agreement’’. 

18 SEC. 4308. CONSERVATION FUND. 

19 (a) IN GENERAL.—Section 810 of the Tropical For20 est and Coral Conservation Act of 2008 (22 U.S.C. 

21 2431h), as renamed by section 4302(a), is amended— 

22 (1) in the section heading, by striking ‘‘TROP23 ICAL FOREST FUND’’ and inserting ‘‘CONSERVA24 TION FUND’’; and 

25 (2) in subsection (a)— 


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1 (A) by striking ‘‘Tropical Forest Agree2 ment’’ and inserting ‘‘Conservation Agree3 ment’’; and 

4 (B) by striking ‘‘Tropical Forest Fund’’ 

5 and inserting ‘‘Conservation Fund’’. 

6 (b) CONFORMING AMENDMENTS TO DEFINITIONS.— 

7 Such Act is further amended— 

8 (1) in section 803(9) (22 U.S.C. 2431a(9))— 

9 (A) in the heading, by striking ‘‘TROPICAL

10 FOREST FUND’’ and inserting ‘‘CONSERVATION

11 FUND’’; and 

12 (B) by striking ‘‘Tropical Forest Fund’’ 

13 both places it appears and inserting ‘‘Conserva14 tion Fund’’; 

15 (2) in section 806(c)(2) (22 U.S.C. 

16 2431d(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

17 and inserting ‘‘Conservation Fund’’; and 

18 (3) in section 807(c)(2) (22 U.S.C. 

19 2431e(c)(2)), by striking ‘‘Tropical Forest Fund’’ 

20 and inserting ‘‘Conservation Fund’’. 


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1 SEC. 4309. REPEAL OF AUTHORITY OF THE ENTERPRISE 

2 FOR THE AMERICAS BOARD TO CARRY OUT 

3 ACTIVITIES UNDER THE FOREST AND CORAL 

4 CONSERVATION ACT OF 2008. 

5 (a) IN GENERAL.—Section 811 of the Tropical For6 est and Coral Conservation Act of 2008 (22 U.S.C. 

7 2431i), as renamed by section 4302(a), is repealed. 

8 (b) CONFORMING AMENDMENTS.—Section 803 of 

9 such Act (22 U.S.C. 2431a), as renamed by section 

10 4302(a), is amended— 

11 (1) by striking paragraph (4); and 

12 (2) by redesignating paragraphs (5), (6), (7), 

13 (8), and (9) as paragraphs (4), (5), (6), (7), and 

14 (8), respectively. 

15 SEC. 4310. CHANGES TO DUE DATES OF ANNUAL REPORTS 

16 TO CONGRESS. 

17 Section 813 of the Tropical Forest and Coral Con18 servation Act of 2008 (22 U.S.C. 2431k), as renamed by 

19 section 4302(a), is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘(a) IN GENERAL.—Not 

22 later than December 31’’ and inserting ‘‘Not 

23 later than April 15’’; 

24 (B) by striking ‘‘Facility’’ both places it 

25 appears and inserting ‘‘Conservation Facility’’; 

26 and 


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1 (C) by striking ‘‘fiscal year’’ both places it 

2 appears and inserting ‘‘calendar year’’; and 

3 (2) by striking subsection (b). 

4 SEC. 4311. CHANGES TO INTERNATIONAL MONETARY FUND 

5 CRITERION FOR COUNTRY ELIGIBILITY. 

6 Section 703(a)(5) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2430b(a)(5)) is amended— 

8 (1) by striking ‘‘or, as appropriate in excep9 tional circumstances,’’ and inserting ‘‘or’’; 

10 (2) in subparagraph (A)— 

11 (A) by striking ‘‘or in exceptional cir12 cumstances, a Fund monitored program or its 

13 equivalent,’’ and inserting ‘‘or a Fund mon14 itored program, or is implementing sound mac15 roeconomic policies,’’; and 

16 (B) by striking ‘‘(after consultation with 

17 the Enterprise for the Americas Board)’’; and 

18 (3) in subparagraph (B), by striking ‘‘(after 

19 consultation with the Enterprise for Americas 

20 Board)’’. 


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1 SEC. 4312. NEW AUTHORIZATION OF APPROPRIATIONS FOR 

2 THE REDUCTION OF DEBT AND AUTHORIZA3 TION FOR AUDIT, EVALUATION, MONITORING, 

4 AND ADMINISTRATION EXPENSES. 

5 Section 806 of the Tropical Forest and Coral Con6 servation Act of 2008 (22 U.S.C. 2431d), as renamed by 

7 section 4302(a), is amended— 

8 (1) in subsection (d), by adding at the end the 

9 following new paragraphs: 

10 ‘‘(7) $30,000,000 for fiscal year 2008. 

11 ‘‘(8) $30,000,000 for fiscal year 2009. 

12 ‘‘(9) $30,000,000 for fiscal year 2010.’’; and 

13 (2) by amending subsection (e) to read as fol14 lows: 

15 ‘‘(e) USE OF FUNDS TO CONDUCT PROGRAM AU16 DITS, EVALUATIONS, MONITORING, AND ADMINISTRA17 TION.—Of the amounts made available to carry out this 

18 part for a fiscal year, $300,000 is authorized to be made 

19 available to carry out audits, evaluations, monitoring, and 

20 administration of programs under this part, including per21 sonnel costs associated with such audits, evaluations, mon22 itoring and administration.’’ 


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1 Subtitle E—Torture Victims Relief 

2 Reauthorization Act of 2008 

3 SEC. 4401. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Torture Victims 

5 Relief Reauthorization Act of 2008’’. 

6 SEC. 4402. AUTHORIZATION OF APPROPRIATIONS FOR DO7 MESTIC TREATMENT CENTERS FOR VICTIMS 

8 OF TORTURE. 

9 Section 5(b)(1) of the Torture Victims Relief Act of 

10 1998 (22 U.S.C. 2152 note) is amended to read as follows: 

11 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Of 

12 the amounts authorized to be appropriated for the 

13 Department of Health and Human Services for fis14 cal years 2008 and 2009, there are authorized to be 

15 appropriated to carry out subsection (a) 

16 $25,000,000 for each of the fiscal years 2008 and 

17 2009.’’. 

18 SEC. 4403. AUTHORIZATION OF APPROPRIATIONS FOR FOR19 EIGN TREATMENT CENTERS FOR VICTIMS OF 

20 TORTURE. 

21 Section 4(b)(1) of the Torture Victims Relief Act of 

22 1998 (22 U.S.C. 2152 note) is amended to read as follows: 

23 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—Of 

24 the amounts authorized to be appropriated for fiscal 

25 years 2008 and 2009 pursuant to chapter 1 of part 


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1 I of the Foreign Assistance Act of 1961 (22 U.S.C. 

2 2151 et seq.), there are authorized to be appro3 priated to the President to carry out section 130 of 

4 such Act $12,000,000 for each of the fiscal years 

5 2008 and 2009.’’. 

6 SEC. 4404. AUTHORIZATION OF APPROPRIATIONS FOR THE 

7 UNITED STATES CONTRIBUTION TO THE 

8 UNITED NATIONS VOLUNTARY FUND FOR 

9 VICTIMS OF TORTURE. 

10 Section 6(a) of the Torture Victims Relief Act of 

11 1998 (22 U.S.C. 2152 note) is amended to read as follows: 

12 ‘‘(a) FUNDING.—Of the amounts authorized to be ap13 propriated for fiscal years 2008 and 2009 pursuant to 

14 chapter 3 of part I of the Foreign Assistance Act of 1961 

15 (22 U.S.C. 2221 et seq.), there are authorized to be appro16 priated to the President for a voluntary contribution to 

17 the United Nations Voluntary Fund for Victims of Tor18 ture $12,000,000 for each of the fiscal years 2008 and 

19 2009.’’. 

20 Subtitle F—Support for the Mu21 seum of the History of Polish 

22 Jews Act of 2008 

23 SEC. 4501. SHORT TITLE. 

24 This subtitle may be cited as the ‘‘Support for the 

25 Museum of the History of Polish Jews Act of 2008’’. 


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1 SEC. 4502. FINDINGS. 

2 Congress finds the following: 

3 (1) Current and future generations benefit 

4 greatly by visible reminders and documentation of 

5 the historical and cultural roots of their society. 

6 (2) It is in the national interest of the United 

7 States to encourage the preservation and protection 

8 of artifacts associated with the heritage of United 

9 States citizens who trace their forbearers to other 

10 countries and to encourage the collection and dis11 semination of knowledge about that heritage. 

12 (3) According to the 2000 United States Cen13 sus, nearly 9,000,000 Americans are of Polish an14 cestry. 

15 (4) At the beginning of World War II, Poland 

16 had the largest Jewish population in Europe. 

17 (5) In 1996, Yeshayahu Weinberg, a founding 

18 director of Tel Aviv’s Diaspora Museum and the 

19 United States Holocaust Memorial Museum, created 

20 an international team of experts with the goal of es21 tablishing a Museum of the History of Polish Jews. 

22 (6) The Museum of the History of Polish Jews 

23 will preserve and present the history of the Jewish 

24 people in Poland and the wealth of their culture 

25 spanning a period of 1,000 years. 


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1 (7) In 1997, the City of Warsaw donated a par2 cel of land, opposite the Warsaw Ghetto Uprising 

3 Memorial, for the explicit use for the Museum of the 

4 History of Polish Jews. 

5 (8) In 2005, the Government of Poland and the 

6 City of Warsaw agreed to provide 40,000,000 Polish 

7 zlotys for the construction of the Museum of the 

8 History of Polish Jews. 

9 (9) In 2005, an international architectural com10 petition selected a Finnish firm to design the build11 ing for the Museum of the History of Polish Jews. 

12 (10) In 2006, the building for the Museum of 

13 the History of Polish Jews moved into the last phase 

14 of project design. 

15 SEC. 4503. ASSISTANCE FOR THE MUSEUM OF THE HISTORY 

16 OF POLISH JEWS. 

17 (a) AUTHORITY.—The Secretary of State is author18 ized to provide not more than $5,000,000 in assistance, 

19 on such terms and conditions as the Secretary may speci20 fy, to fund the establishment of, and maintain the perma21 nent collection of, the Museum of the History of Polish 

22 Jews. 

23 (b) EXPIRATION.—The authority under subsection 

24 (a) shall expire on October 1, 2010. 


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1 TITLE V—COMMERCE, SCIENCE, 

2 AND TRANSPORTATION PRO3 VISIONS 

4 Subtitle A—Communications 

5 PART I—BROADBAND DATA IMPROVEMENT ACT 

6 SEC. 5101. SHORT TITLE. 

7 This part may be cited as the ‘‘Broadband Data Im8 provement Act’’. 

9 SEC. 5102. FINDINGS. 

10 The Congress finds the following: 

11 (1) The deployment and adoption of broadband 

12 technology has resulted in enhanced economic devel13 opment and public safety for communities across the 

14 Nation, improved health care and educational oppor15 tunities, and a better quality of life for all Ameri16 cans. 

17 (2) Continued progress in the deployment and 

18 adoption of broadband technology is vital to ensur19 ing that our Nation remains competitive and con20 tinues to create business and job growth. 

21 (3) Improving Federal data on the deployment 

22 and adoption of broadband service will assist in the 

23 development of broadband technology across all re24 gions of the Nation. 


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1 (4) The Federal Government should also recog2 nize and encourage complementary State efforts to 

3 improve the quality and usefulness of broadband 

4 data and should encourage and support the partner5 ship of the public and private sectors in the contin6 ued growth of broadband services and information 

7 technology for the residents and businesses of the 

8 Nation. 

9 SEC. 5103. IMPROVING FEDERAL DATA ON BROADBAND. 

10 (a) IMPROVING SECTION 706 INQUIRY.—Section 706 

11 of the Telecommunications Act of 1996 (47 U.S.C. 157 

12 note) is amended— 

13 (1) by striking ‘‘regularly’’ in subsection (b) 

14 and inserting ‘‘annually’’; 

15 (2) by redesignating subsection (c) as sub16 section (d); and 

17 (3) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) DEMOGRAPHIC INFORMATION FOR UNSERVED

20 AREAS.—As part of the inquiry required by subsection (b), 

21 the Commission shall compile a list of geographical areas 

22 that are not served by any provider of advanced tele23 communications capability (as defined by section 

24 706(c)(1) of the Telecommunications Act of 1996 (47 

25 U.S.C. 157 note)) and to the extent that data from the 


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1 Census Bureau is available, determine, for each such 

2 unserved area— 

3 ‘‘(1) the population; 

4 ‘‘(2) the population density; and 

5 ‘‘(3) the average per capita income.’’. 

6 (b) INTERNATIONAL COMPARISON.— 

7 (1) IN GENERAL.—As part of the assessment 

8 and report required by section 706 of the Tele9 communications Act of 1996 (47 U.S.C. 157 note), 

10 the Federal Communications Commission shall in11 clude information comparing the extent of 

12 broadband service capability (including data trans13 mission speeds and price for broadband service capa14 bility) in a total of 75 communities in at least 25 

15 countries abroad for each of the data rate bench16 marks for broadband service utilized by the Commis17 sion to reflect different speed tiers. 

18 (2) CONTENTS.—The Commission shall choose 

19 communities for the comparison under this sub20 section in a manner that will offer, to the extent 

21 possible, communities of a population size, popu22 lation density, topography, and demographic profile 

23 that are comparable to the population size, popu24 lation density, topography, and demographic profile 

25 of various communities within the United States. 


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1 The Commission shall include in the comparison 

2 under this subsection— 

3 (A) a geographically diverse selection of 

4 countries; and 

5 (B) communities including the capital cit6 ies of such countries. 

7 (3) SIMILARITIES AND DIFFERENCES.—The 

8 Commission shall identify relevant similarities and 

9 differences in each community, including their mar10 ket structures, the number of competitors, the num11 ber of facilities-based providers, the types of tech12 nologies deployed by such providers, the applications 

13 and services those technologies enable, the regu14 latory model under which broadband service capa15 bility is provided, the types of applications and serv16 ices used, business and residential use of such serv17 ices, and other media available to consumers. 

18 (c) CONSUMER SURVEY OF BROADBAND SERVICE

19 CAPABILITY.— 

20 (1) IN GENERAL.—For the purpose of evalu21 ating, on a statistically significant basis, the national 

22 characteristics of the use of broadband service capa23 bility, the Commission shall conduct and make pub24 lic periodic surveys of consumers in urban, subur25 ban, and rural areas in the large business, small 


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1 business, and residential consumer markets to deter2 mine— 

3 (A) the types of technology used to provide 

4 the broadband service capability to which con5 sumers subscribe; 

6 (B) the amounts consumers pay per month 

7 for such capability; 

8 (C) the actual data transmission speeds of 

9 such capability; 

10 (D) the types of applications and services 

11 consumers most frequently use in conjunction 

12 with such capability; 

13 (E) for consumers who have declined to 

14 subscribe to broadband service capability, the 

15 reasons given by such consumers for declining 

16 such capability; 

17 (F) other sources of broadband service ca18 pability which consumers regularly use or on 

19 which they rely; and 

20 (G) any other information the Commission 

21 deems appropriate for such purpose. 

22 (2) PUBLIC AVAILABILITY.—The Commission 

23 shall make publicly available the results of surveys 

24 conducted under this subsection at least once per 

25 year. 


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1 (d) IMPROVING CENSUS DATA ON BROADBAND.— 

2 The Secretary of Commerce, in consultation with the Fed3 eral Communications Commission, shall expand the Amer4 ican Community Survey conducted by the Bureau of the 

5 Census to elicit information for residential households, in6 cluding those located on native lands, to determine wheth7 er persons at such households own or use a computer at 

8 that address, whether persons at that address subscribe 

9 to Internet service and, if so, whether such persons sub10 scribe to dial-up or broadband Internet service at that ad11 dress. 

12 (e) PROPRIETARY INFORMATION.—Nothing in this 

13 part shall reduce or remove any obligation the Commission 

14 has to protect proprietary information, nor shall this part 

15 be construed to compel the Commission to make publicly 

16 available any proprietary information. 

17 SEC. 5104. STUDY ON ADDITIONAL BROADBAND METRICS 

18 AND STANDARDS. 

19 (a) IN GENERAL.—The Comptroller General shall 

20 conduct a study to consider and evaluate additional 

21 broadband metrics or standards that may be used by in22 dustry and the Federal Government to provide users with 

23 more accurate information about the cost and capability 

24 of their broadband connection, and to better compare the 

25 deployment and penetration of broadband in the United 


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1 States with other countries. At a minimum, such study 

2 shall consider potential standards or metrics that may be 

3 used— 

4 (1) to calculate the average price per megabit 

5 per second of broadband offerings; 

6 (2) to reflect the average actual speed of 

7 broadband offerings compared to advertised poten8 tial speeds and to consider factors affecting speed 

9 that may be outside the control of a broadband pro10 vider; 

11 (3) to compare, using comparable metrics and 

12 standards, the availability and quality of broadband 

13 offerings in the United States with the availability 

14 and quality of broadband offerings in other industri15 alized nations, including countries that are members 

16 of the Organization for Economic Cooperation and 

17 Development; and 

18 (4) to distinguish between complementary and 

19 substitutable broadband offerings in evaluating de20 ployment and penetration. 

21 (b) REPORT.—Not later than 1 year after the date 

22 of enactment of this Act, the Comptroller General shall 

23 submit a report to the Senate Committee on Commerce, 

24 Science, and Transportation and the House of Represent25 atives Committee on Energy and Commerce on the results 


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1 of the study, with recommendations for how industry and 

2 the Federal Communications Commission can use such 

3 metrics and comparisons to improve the quality of 

4 broadband data and to better evaluate the deployment and 

5 penetration of comparable broadband service at com6 parable rates across all regions of the Nation. 

7 SEC. 5105. STUDY ON THE IMPACT OF BROADBAND SPEED 

8 AND PRICE ON SMALL BUSINESSES. 

9 (a) IN GENERAL.—The Small Business Administra10 tion Office of Advocacy shall conduct a study evaluating 

11 the impact of broadband speed and price on small busi12 nesses. 

13 (b) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Office shall submit a report 

15 to the Senate Committee on Commerce, Science, and 

16 Transportation, the Senate Committee on Small Business 

17 and Entrepreneurship, the House of Representatives Com18 mittee on Energy and Commerce, and the House of Rep19 resentatives Committee on Small Business on the results 

20 of the study, including— 

21 (1) a survey of broadband speeds available to 

22 small businesses; 

23 (2) a survey of the cost of broadband speeds 

24 available to small businesses; 


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1 (3) a survey of the type of broadband tech2 nology used by small businesses; and 

3 (4) any policy recommendations that may im4 prove small businesses access to comparable 

5 broadband services at comparable rates in all regions 

6 of the Nation. 

7 SEC. 5106. ENCOURAGING STATE INITIATIVES TO IMPROVE 

8 BROADBAND. 

9 (a) PURPOSES.—The purposes of any grant under 

10 subsection (b) are— 

11 (1) to ensure that all citizens and businesses in 

12 a State have access to affordable and reliable 

13 broadband service; 

14 (2) to achieve improved technology literacy, in15 creased computer ownership, and broadband use 

16 among such citizens and businesses; 

17 (3) to establish and empower local grassroots 

18 technology teams in each State to plan for improved 

19 technology use across multiple community sectors; 

20 and 

21 (4) to establish and sustain an environment 

22 ripe for broadband services and information tech23 nology investment. 

24 (b) ESTABLISHMENT OF STATE BROADBAND DATA

25 AND DEVELOPMENT GRANT PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary of Commerce 

2 shall award grants, taking into account the results 

3 of the peer review process under subsection (d), to 

4 eligible entities for the development and implementa5 tion of statewide initiatives to identify and track the 

6 availability and adoption of broadband services with7 in each State. 

8 (2) COMPETITIVE BASIS.—Any grant under 

9 subsection (b) shall be awarded on a competitive 

10 basis. 

11 (c) ELIGIBILITY.—To be eligible to receive a grant 

12 under subsection (b), an eligible entity shall— 

13 (1) submit an application to the Secretary of 

14 Commerce, at such time, in such manner, and con15 taining such information as the Secretary may re16 quire; 

17 (2) contribute matching non-Federal funds in 

18 an amount equal to not less than 20 percent of the 

19 total amount of the grant; and 

20 (3) agree to comply with confidentiality require21 ments in subsection (h)(2) of this section. 

22 (d) PEER REVIEW; NONDISCLOSURE.— 

23 (1) IN GENERAL.—The Secretary shall by regu24 lation require appropriate technical and scientific 


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1 peer review of applications made for grants under 

2 this section. 

3 (2) REVIEW PROCEDURES.—The regulations re4 quired under paragraph (1) shall require that any 

5 technical and scientific peer review group— 

6 (A) be provided a written description of 

7 the grant to be reviewed; 

8 (B) provide the results of any review by 

9 such group to the Secretary of Commerce; and 

10 (C) certify that such group will enter into 

11 voluntary nondisclosure agreements as nec12 essary to prevent the unauthorized disclosure of 

13 confidential and proprietary information pro14 vided by broadband service providers in connec15 tion with projects funded by any such grant. 

16 (e) USE OF FUNDS.—A grant awarded to an eligible 

17 entity under subsection (b) shall be used— 

18 (1) to provide a baseline assessment of 

19 broadband service deployment in each State; 

20 (2) to identify and track— 

21 (A) areas in each State that have low lev22 els of broadband service deployment; 

23 (B) the rate at which residential and busi24 ness users adopt broadband service and other 

25 related information technology services; and 


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1 (C) possible suppliers of such services; 

2 (3) to identify barriers to the adoption by indi3 viduals and businesses of broadband service and re4 lated information technology services, including 

5 whether or not— 

6 (A) the demand for such services is absent; 

7 and 

8 (B) the supply for such services is capable 

9 of meeting the demand for such services; 

10 (4) to identify the speeds of broadband connec11 tions made available to individuals and businesses 

12 within the State, and, at a minimum, to rely on the 

13 data rate benchmarks for broadband service utilized 

14 by the Commission to reflect different speed tiers, to 

15 promote greater consistency of data among the 

16 States; 

17 (5) to create and facilitate in each county or 

18 designated region in a State a local technology plan19 ning team— 

20 (A) with members representing a cross sec21 tion of the community, including representatives 

22 of business, telecommunications labor organiza23 tions, K–12 education, health care, libraries, 

24 higher education, community-based organizaVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 tions, local government, tourism, parks and 

2 recreation, and agriculture; and 

3 (B) which shall— 

4 (i) benchmark technology use across 

5 relevant community sectors; 

6 (ii) set goals for improved technology 

7 use within each sector; and 

8 (iii) develop a tactical business plan 

9 for achieving its goals, with specific rec10 ommendations for online application devel11 opment and demand creation; 

12 (6) to work collaboratively with broadband serv13 ice providers and information technology companies 

14 to encourage deployment and use, especially in 

15 unserved areas and areas in which broadband pene16 tration is significantly below the national average, 

17 through the use of local demand aggregation, map18 ping analysis, and the creation of market intelligence 

19 to improve the business case for providers to deploy; 

20 (7) to establish programs to improve computer 

21 ownership and Internet access for unserved areas 

22 and areas in which broadband penetration is signifi23 cantly below the national average; 


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1 (8) to collect and analyze detailed market data 

2 concerning the use and demand for broadband serv3 ice and related information technology services; 

4 (9) to facilitate information exchange regarding 

5 the use and demand for broadband services between 

6 public and private sectors; and 

7 (10) to create within each State a geographic 

8 inventory map of broadband service, including the 

9 data rate benchmarks for broadband service utilized 

10 by the Commission to reflect different speed tiers, 

11 which shall— 

12 (A) identify gaps in such service through a 

13 method of geographic information system map14 ping of service availability based on the geo15 graphic boundaries of where service is available 

16 or unavailable among residential or business 

17 customers; and 

18 (B) provide a baseline assessment of state19 wide broadband deployment in terms of house20 holds with high-speed availability. 

21 (f) PARTICIPATION LIMIT.—For each State, an eligi22 ble entity may not receive a new grant under this section 

23 to fund the activities described in subsection (d) within 

24 such State if such organization obtained prior grant 


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1 awards under this section to fund the same activities in 

2 that State in each of the previous 4 consecutive years. 

3 (g) REPORTING; BROADBAND INVENTORY MAP.— 

4 The Secretary of Commerce shall— 

5 (1) require each recipient of a grant under sub6 section (b) to submit a report on the use of the 

7 funds provided by the grant; and 

8 (2) create a web page on the Department of 

9 Commerce website that aggregates relevant informa10 tion made available to the public by grant recipients, 

11 including, where appropriate, hypertext links to any 

12 geographic inventory maps created by grant recipi13 ents under subsection (e)(10). 

14 (h) ACCESS TO AGGREGATE DATA.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 the Commission shall provide eligible entities access, 

17 in electronic form, to aggregate data collected by the 

18 Commission based on the Form 477 submissions of 

19 broadband service providers. 

20 (2) LIMITATION.—Notwithstanding any provi21 sion of Federal or State law to the contrary, an eli22 gible entity shall treat any matter that is a trade se23 cret, commercial or financial information, or privi24 leged or confidential, as a record not subject to pub25 lic disclosure except as otherwise mutually agreed to 


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1 by the broadband service provider and the eligible 

2 entity. This paragraph applies only to information 

3 submitted by the Commission or a broadband pro4 vider to carry out the provisions of this part and 

5 shall not otherwise limit or affect the rules gov6 erning public disclosure of information collected by 

7 any Federal or State entity under any other Federal 

8 or State law or regulation. 

9 (i) DEFINITIONS.—In this section: 

10 (1) COMMISSION.—The term ‘‘Commission’’ 

11 means the Federal Communications Commission. 

12 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti13 ty’’ means— 

14 (A) an entity that is either— 

15 (i) an agency or instrumentality of a 

16 State, or a municipality or other subdivi17 sion (or agency or instrumentality of a mu18 nicipality or other subdivision) of a State; 

19 (ii) a nonprofit organization that is 

20 described in section 501(c)(3) of the Inter21 nal Revenue Code of 1986 and that is ex22 empt from taxation under section 501(a) 

23 of such Code; or 


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1 (iii) an independent agency or com2 mission in which an office of a State is a 

3 member on behalf of the State; and 

4 (B) is the single eligible entity in the State 

5 that has been designated by the State to receive 

6 a grant under this section. 

7 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to carry out this section 

9 $40,000,000 for each of fiscal years 2008 through 2012. 

10 (k) NO REGULATORY AUTHORITY.—Nothing in this 

11 section shall be construed as giving any public or private 

12 entity established or affected by this part any regulatory 

13 jurisdiction or oversight authority over providers of 

14 broadband services or information technology. 

15 PART II—TRAINING FOR REALTIME WRITERS 

16 ACT OF 2007 

17 SEC. 5111. SHORT TITLE. 

18 This part may be cited as the ‘‘Training for Realtime 

19 Writers Act of 2007’’. 

20 SEC. 5112. FINDINGS. 

21 Congress makes the following findings: 

22 (1) As directed by Congress in section 713 of 

23 the Communications Act of 1934 (47 U.S.C. 613), 

24 as added by section 305 of the Telecommunications 

25 Act of 1996 (Public Law 104–104; 110 Stat. 126), 


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1 the Federal Communications Commission began en2 forcing rules requiring full closed captioning of most 

3 English television programming on January 1, 2006. 

4 (2) The Federal Communications Commission 

5 rules also require that video programming be fully 

6 captioned in Spanish by 2010. 

7 (3) More than 30,000,000 Americans are con8 sidered deaf or hard of hearing, and many require 

9 captioning services to participate in mainstream ac10 tivities. 

11 (4) The National Institute on Deafness and 

12 other Communication Disorders estimates that 1 in 

13 3 Americans over the age of 60 has already experi14 enced hearing loss. The 79,000,000 Americans who 

15 are identified as ‘‘baby boomers’’ represent 39 per16 cent of the population of the United States and most 

17 baby boomers began to reach age 60 just in the last 

18 few years. 

19 (5) Closed captioning is a continuous source of 

20 emergency information for people in mass transit 

21 and other congregate settings. 

22 (6) Empirical research studies since 1988 dem23 onstrate that captions improve the performance of 

24 individuals learning to read English. 


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1 SEC. 5113. AUTHORIZATION OF GRANT PROGRAM TO PRO2 MOTE TRAINING AND JOB PLACEMENT OF 

3 REALTIME WRITERS. 

4 (a) IN GENERAL.—The Assistant Secretary for Infor5 mation and Communications of the Department of Com6 merce shall make competitive grants to eligible entities 

7 under subsection (b) to promote training and placement 

8 of individuals, including individuals who have completed 

9 a court reporting training program, as realtime writers in 

10 order to meet the requirements for closed captioning of 

11 video programming set forth in section 713 of the Commu12 nications Act of 1934 (47 U.S.C. 613) and the rules pre13 scribed thereunder. 

14 (b) ELIGIBLE ENTITIES.—For purposes of this part, 

15 an eligible entity is a court reporting program that— 

16 (1) can document and demonstrate to the As17 sistant Secretary that it meets minimum standards 

18 of educational and financial accountability, with a 

19 curriculum capable of training realtime writers 

20 qualified to provide captioning services; 

21 (2) is accredited by an accrediting agency rec22 ognized by the Department of Education; and 

23 (3) is participating in student aid programs 

24 under title IV of the Higher Education Act of 1965. 

25 (c) PRIORITY IN GRANTS.—In determining whether 

26 to make grants under this section, the Assistant Secretary 


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1 shall give a priority to eligible entities that, as determined 

2 by the Assistant Secretary— 

3 (1) possess the most substantial capability to 

4 increase their capacity to train realtime writers; 

5 (2) demonstrate the most promising collabora6 tion with local educational institutions, businesses, 

7 labor organizations, or other community groups hav8 ing the potential to train or provide job placement 

9 assistance to realtime writers; or 

10 (3) propose the most promising and innovative 

11 approaches for initiating or expanding training or 

12 job placement assistance efforts with respect to 

13 realtime writers. 

14 (d) DURATION OF GRANT.—A grant under this sec15 tion shall be for a period of 2 years. 

16 (e) MAXIMUM AMOUNT OF GRANT.—The amount of 

17 a grant provided under subsection (a) to an entity eligible 

18 may not exceed $1,500,000 for the 2-year period of the 

19 grant under subsection (d). 

20 SEC. 5114. APPLICATION. 

21 (a) IN GENERAL.—To receive a grant under section 

22 5113, an eligible entity shall submit an application to the 

23 Assistant Secretary at such time and in such manner as 

24 the Assistant Secretary may require. The application shall 

25 contain the information set forth under subsection (b). 


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1 (b) INFORMATION.—Information in the application of 

2 an eligible entity under subsection (a) for a grant under 

3 section 5113 shall include the following: 

4 (1) A description of the training and assistance 

5 to be funded using the grant amount, including how 

6 such training and assistance will increase the num7 ber of realtime writers. 

8 (2) A description of performance measures to 

9 be utilized to evaluate the progress of individuals re10 ceiving such training and assistance in matters relat11 ing to enrollment, completion of training, and job 

12 placement and retention. 

13 (3) A description of the manner in which the el14 igible entity will ensure that recipients of scholar15 ships, if any, funded by the grant will be employed 

16 and retained as realtime writers. 

17 (4) A description of the manner in which the el18 igible entity intends to continue providing the train19 ing and assistance to be funded by the grant after 

20 the end of the grant period, including any partner21 ships or arrangements established for that purpose. 

22 (5) A description of how the eligible entity will 

23 work with local workforce investment boards to en24 sure that training and assistance to be funded with 

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1 ing the creation of educational opportunities for in2 dividuals who are from economically disadvantaged 

3 backgrounds or are displaced workers. 

4 (6) Additional information, if any, of the eligi5 bility of the eligible entity for priority in the making 

6 of grants under section 5113(c). 

7 (7) Such other information as the Assistant 

8 Secretary may require. 

9 SEC. 5115. USE OF FUNDS. 

10 (a) IN GENERAL.—An eligible entity receiving a 

11 grant under section 5113 shall use the grant amount for 

12 purposes relating to the recruitment, training and assist13 ance, and job placement of individuals, including individ14 uals who have completed a court reporting training pro15 gram, as realtime writers, including— 

16 (1) recruitment; 

17 (2) subject to subsection (b), the provision of 

18 scholarships; 

19 (3) distance learning; 

20 (4) further developing and implementing both 

21 English and Spanish curriculum to more effectively 

22 train realtime writing skills, and education in the 

23 knowledge necessary for the delivery of high-quality 

24 closed captioning services; 


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1 (5) mentoring students to ensure successful 

2 completion of the realtime training and provide as3 sistance in job placement; 

4 (6) encouraging individuals with disabilities to 

5 pursue a career in realtime writing; and 

6 (7) the employment and payment of personnel 

7 for all such purposes. 

8 (b) SCHOLARSHIPS.— 

9 (1) AMOUNT.—The amount of a scholarship 

10 under subsection (a)(2) shall be based on the 

11 amount of need of the recipient of the scholarship 

12 for financial assistance, as determined in accordance 

13 with part F of title IV of the Higher Education Act 

14 of 1965 (20 U.S.C. 1087kk). 

15 (2) AGREEMENT.—Each recipient of a scholar16 ship under subsection (a)(2) shall enter into an 

17 agreement with the school in which the recipient is 

18 enrolled to provide realtime writing services for a pe19 riod of time appropriate (as determined by the As20 sistant Secretary or the Assistant Secretary’s des21 ignee) for the amount of the scholarship received. 

22 (3) COURSEWORK AND EMPLOYMENT.—The As23 sistant Secretary or the Assistant Secretary’s des24 ignee shall establish requirements for coursework 

25 and employment for recipients of scholarships under 


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1 subsection (a)(2), including requirements for repay2 ment of scholarship amounts in the event of failure 

3 to meet such requirements for coursework and em4 ployment or other material terms under subsection 

5 (b)(2). Requirements for repayment of scholarship 

6 amounts shall take into account the effect of eco7 nomic conditions on the capacity of scholarship re8 cipients to find work as realtime writers. 

9 (c) ADMINISTRATIVE COSTS.—The recipient of a 

10 grant under section 5113 may not use more than 5 per11 cent of the grant amount to pay administrative costs asso12 ciated with activities funded by the grant. The Assistant 

13 Secretary shall use not more than 5 percent of the amount 

14 available for grants under this part in any fiscal year for 

15 administrative costs of the program. 

16 (d) SUPPLEMENT NOT SUPPLANT.—Grants amounts 

17 under this part shall supplement and not supplant other 

18 Federal or non-Federal funds of the grant recipient for 

19 purposes of promoting the training and placement of indi20 viduals as realtime writers. 

21 SEC. 5116. REPORTS. 

22 (a) ANNUAL REPORTS.—Each eligible entity receiv23 ing a grant under section 5113 shall submit to the Assist24 ant Secretary, at the end of each year of the grant period, 


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1 a report on the activities of such entity with respect to 

2 the use of grant amounts during such year. 

3 (b) REPORT INFORMATION.— 

4 (1) IN GENERAL.—Each report of an entity for 

5 a year under subsection (a) shall include a descrip6 tion of the use of grant amounts by the entity dur7 ing such year, including an assessment by the entity 

8 of the effectiveness of activities carried out using 

9 such funds in increasing the number of realtime 

10 writers. The assessment shall utilize the performance 

11 measures submitted by the entity in the application 

12 for the grant under section 5114(b). 

13 (2) FINAL REPORT.—The final report of an en14 tity on a grant under subsection (a) shall include a 

15 description of the best practices identified by the en16 tity as a result of the grant for increasing the num17 ber of individuals who are trained, employed, and re18 tained in employment as realtime writers. 

19 (c) ANNUAL REVIEW.—The Inspector General of the 

20 Department of Commerce shall conduct an annual review 

21 of the management, efficiency, and effectiveness of the 

22 grants made under this part. 


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1 SEC. 5117. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to the Sec3 retary of Commerce to carry out this part $20,000,000 

4 for each of fiscal years 2008, 2009, 2010, 2011, and 2012. 

5 SEC. 5118. SUNSET. 

6 This part is repealed 5 years after the date of the 

7 enactment of this Act. 

8 Subtitle B—Oceans 

9 PART I—HYDROGRAPHIC SERVICES 

10 IMPROVEMENT ACT AMENDMENTS OF 2008 

11 SEC. 5201. SHORT TITLE. 

12 This part may be cited as the ‘‘Hydrographic Services 

13 Improvement Act Amendments of 2008’’. 

14 SEC. 5202. DEFINITIONS. 

15 Section 303 of the Hydrographic Services Improve16 ment Act of 1998 (33 U.S.C. 892) is amended by striking 

17 paragraphs (3), (4), and (5) and inserting the following: 

18 ‘‘(3) HYDROGRAPHIC DATA.—The term ‘hydro19 graphic data’ means information that— 

20 ‘‘(A) is acquired through— 

21 ‘‘(i) hydrographic, bathymetric, photo22 grammetric, lidar, radar, remote sensing, 

23 or shoreline and other ocean- and coastal24 related surveying; 

25 ‘‘(ii) geodetic, geospatial, or geo26 magnetic measurements; 


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1 ‘‘(iii) tide, water level, and current ob2 servations; or 

3 ‘‘(iv) other methods; and 

4 ‘‘(B) is used in providing hydrographic 

5 services. 

6 ‘‘(4) HYDROGRAPHIC SERVICES.—The term ‘hy7 drographic services’ means—— 

8 ‘‘(A) the management, maintenance, inter9 pretation, certification, and dissemination of 

10 bathymetric, hydrographic, shoreline, geodetic, 

11 geospatial, geomagnetic, and tide, water level, 

12 and current information, including the produc13 tion of nautical charts, nautical information 

14 databases, and other products derived from hy15 drographic data; 

16 ‘‘(B) the development of nautical informa17 tion systems; and 

18 ‘‘(C) related activities. 

19 ‘‘(5) COAST AND GEODETIC SURVEY ACT.—The 

20 term ‘Coast and Geodetic Survey Act’ means the Act 

21 entitled ‘An Act to define the functions and duties 

22 of the Coast and Geodetic Survey, and for other pur23 poses’, approved August 6, 1947 (33 U.S.C. 883a et 

24 seq.).’’. 


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1 SEC. 5203. FUNCTIONS OF THE ADMINISTRATOR. 

2 Section 303 of the Hydrographic Services Improve3 ment Act of 1998 (33 U.S.C. 892a) is amended— 

4 (1) by striking ‘‘the Act of 1947,’’ in subsection 

5 (a) and inserting ‘‘the Coast and Geodetic Survey 

6 Act, promote safe, efficient and environmentally 

7 sound marine transportation, and otherwise fulfill 

8 the purposes of this Act,’’; 

9 (2) by striking ‘‘data;’’ in subsection (a)(1) and 

10 inserting ‘‘data and provide hydrographic services;’’ 

11 and 

12 (3) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) AUTHORITIES.—To fulfill the data gathering 

15 and dissemination duties of the Administration under the 

16 Coast and Geodetic Survey Act, promote safe, efficient, 

17 and environmentally sound marine transportation, and 

18 otherwise fulfill the purposes of this Act, subject to the 

19 availability of appropriations, the Administrator— 

20 ‘‘(1) may procure, lease, evaluate, test, develop, 

21 and operate vessels, equipment, and technologies 

22 necessary to ensure safe navigation and maintain 

23 operational expertise in hydrographic data acquisi24 tion and hydrographic services; 

25 ‘‘(2) shall, subject to the availability of appro26 priations, design, install, maintain, and operate realVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 time hydrographic monitoring systems to enhance 

2 navigation safety and efficiency; and 

3 ‘‘(3) where appropriate and to the extent that 

4 it does not detract from the promotion of safe and 

5 efficient navigation, may acquire hydrographic data 

6 and provide hydrographic services to support the 

7 conservation and management of coastal and ocean 

8 resources; 

9 ‘‘(4) where appropriate, may acquire hydro10 graphic data and provide hydrographic services to 

11 save and protect life and property and support the 

12 resumption of commerce in response to emergencies, 

13 natural and man-made disasters, and homeland se14 curity and maritime domain awareness needs, in15 cluding obtaining mission assignments (as defined in 

16 section 641 of the Post-Katrina Emergency Manage17 ment Reform Act of 2006 (6 U.S.C. 741)); 

18 ‘‘(5) may create, support, and maintain such 

19 joint centers with other Federal agencies and other 

20 entities as the Administrator deems appropriate or 

21 necessary to carry out the purposes of this Act; and 

22 ‘‘(6) notwithstanding the existence of such joint 

23 centers, shall award contracts for the acquisition of 

24 hydrographic data in accordance with subchapter VI 

25 of chapter 10 of title 40, United States Code.’’. 


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1 SEC. 5204. HYDROGRAPHIC SERVICES REVIEW PANEL. 

2 Section 305(c)(1)(A) of the Hydrographic Services 

3 Improvement Act of 1998 (33 U.S.C. 892c(c)(1)(A)) is 

4 amended to read as follows: ‘‘(A) The panel shall consist 

5 of 15 voting members who shall be appointed by the Ad6 ministrator. The Co-directors of the Center for Coastal 

7 and Ocean Mapping/Joint Hydrographic Center and no 

8 more than 2 employees of the National Oceanic and At9 mospheric Administration appointed by the Administrator 

10 shall serve as nonvoting members of the panel. The voting 

11 members of the panel shall be individuals who, by reason 

12 of knowledge, experience, or training, are especially quali13 fied in 1 or more of the disciplines and fields relating to 

14 hydrographic data and hydrographic services, marine 

15 transportation, port administration, vessel pilotage, coast16 al and fishery management, and other disciplines as deter17 mined appropriate by the Administrator.’’. 

18 SEC. 5205. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 306 of the Hydrographic Services Improve20 ment Act of 1998 (33 U.S.C. 892d) is amended to read 

21 as follows: 

22 ‘‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There are authorized to be appropriated to the Ad24 ministrator the following: 


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1 ‘‘(1) To carry out nautical mapping and chart2 ing functions under sections 304 and 305, except for 

3 conducting hydrographic surveys— 

4 ‘‘(A) $55,000,000 for fiscal year 2009; 

5 ‘‘(B) $56,000,000 for fiscal year 2010; 

6 ‘‘(C) $57,000,000 for fiscal year 2011; and 

7 ‘‘(D) $58,000,000 for fiscal year 2012. 

8 ‘‘(2) To contract for hydrographic surveys 

9 under section 304(b)(1), including the leasing or 

10 time chartering of vessels— 

11 ‘‘(A) $32,130,000 for fiscal year 2009; 

12 ‘‘(B) $32,760,000 for fiscal year 2010; 

13 ‘‘(C) $33,390,000 for fiscal year 2011; and 

14 ‘‘(D) $34,020,000 for fiscal year 2012. 

15 ‘‘(3) To operate hydrographic survey vessels 

16 owned by the United States and operated by the Ad17 ministration— 

18 ‘‘(A) $25,900,000 for fiscal year 2009; 

19 ‘‘(B) $26,400,000 for fiscal year 2010; 

20 ‘‘(C) $26,900,000 for fiscal year 2011; and 

21 ‘‘(D) $27,400,000 for fiscal year 2012. 

22 ‘‘(4) To carry out geodetic functions under this 

23 title— 

24 ‘‘(A) $32,640,000 for fiscal year 2009; 

25 ‘‘(B) $33,280,000 for fiscal year 2010; 


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1 ‘‘(C) $33,920,000 for fiscal year 2011; and 

2 ‘‘(D) $34,560,000 for fiscal year 2012. 

3 ‘‘(5) To carry out tide and current measure4 ment functions under this title— 

5 ‘‘(A) $27,000,000 for fiscal year 2009; 

6 ‘‘(B) $27,500,000 for fiscal year 2010; 

7 ‘‘(C) $28,000,000 for fiscal year 2011; and 

8 ‘‘(D) $28,500,000 for fiscal year 2012. 

9 ‘‘(6) To acquire a replacement hydrographic 

10 survey vessel capable of staying at sea continuously 

11 for at least 30 days $75,000,000.’’. 

12 SEC. 5206. AUTHORIZED NOAA CORPS STRENGTH. 

13 Section 215 of the National Oceanic and Atmospheric 

14 Administration Commissioned Officer Corps Act of 2002 

15 (33 U.S.C. 3005) is amended to read as follows: 

16 ‘‘SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFI17 CERS. 

18 ‘‘Effective October 1, 2009, the total number of au19 thorized commissioned officers on the lineal list of the 

20 commissioned corps of the National Oceanic and Atmos21 pheric Administration shall be increased from 321 to 379 

22 if— 

23 ‘‘(1) the Secretary has submitted to the Con24 gress— 


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1 ‘‘(A) the Administration’s ship recapital2 ization plan for fiscal years 2010 through 2024; 

3 ‘‘(B) the Administration’s aircraft remod4 ernization plan; and 

5 ‘‘(C) supporting workforce management 

6 plans; 

7 ‘‘(2) appropriated funding is available; and 

8 ‘‘(3) the Secretary has justified organizational 

9 needs for the commissioned corps for each such fis10 cal year.’’ 

11 PART II—OCEAN EXPLORATION 

12 Subpart A—Exploration 

13 SEC. 5211. PURPOSE. 

14 The purpose of this subpart is to establish the na15 tional ocean exploration program and the national under16 sea research program within the National Oceanic and At17 mospheric Administration. 

18 SEC. 5212. PROGRAM ESTABLISHED. 

19 The Administrator or the National Oceanic and At20 mospheric Administration shall, in consultation with the 

21 National Science Foundation and other appropriate Fed22 eral agencies, establish a coordinated national ocean explo23 ration program within the National Oceanic and Atmos24 pheric Administration that promotes collaboration with 

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1 ration programs. To the extent appropriate, the Adminis2 trator shall seek to facilitate coordination of data and in3 formation management systems, outreach and education 

4 programs to improve public understanding of ocean and 

5 coastal resources, and development and transfer of tech6 nologies to facilitate ocean and undersea research and ex7 ploration. 

8 SEC. 5213. POWERS AND DUTIES OF THE ADMINISTRATOR. 

9 (a) IN GENERAL.—In carrying out the program au10 thorized by section 5212, the Administrator of the Na11 tional Oceanic and Atmospheric Administration shall— 

12 (1) conduct interdisciplinary voyages or other 

13 scientific activities in conjunction with other Federal 

14 agencies or academic or educational institutions, to 

15 explore and survey little known areas of the marine 

16 environment, inventory, observe, and assess living 

17 and nonliving marine resources, and report such 

18 findings; 

19 (2) give priority attention to deep ocean re20 gions, with a focus on deep water marine systems 

21 that hold potential for important scientific discov22 eries, such as hydrothermal vent communities and 

23 seamounts; 

24 (3) conduct scientific voyages to locate, define, 

25 and document historic shipwrecks, submerged sites, 


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1 and other ocean exploration activities that combine 

2 archaeology and oceanographic sciences; 

3 (4) develop and implement, in consultation with 

4 the National Science Foundation, a transparent, 

5 competitive process for merit-based peer-review and 

6 approval of proposals for activities to be conducted 

7 under this program, taking into consideration advice 

8 of the Board established under section 5215; 

9 (5) enhance the technical capability of the 

10 United States marine science community by pro11 moting the development of improved oceanographic 

12 research, communication, navigation, and data col13 lection systems, as well as underwater platforms and 

14 sensor and autonomous vehicles; and 

15 (6) establish an ocean exploration forum to en16 courage partnerships and promote communication 

17 among experts and other stakeholders in order to 

18 enhance the scientific and technical expertise and 

19 relevance of the national program. 

20 (b) DONATIONS.—The Administrator may accept do21 nations of property, data, and equipment to be applied for 

22 the purpose of exploring the oceans or increasing knowl23 edge of the oceans. 


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1 SEC. 5214. OCEAN EXPLORATION AND UNDERSEA RE2 SEARCH TECHNOLOGY AND INFRASTRUC3 TURE TASK FORCE. 

4 (a) IN GENERAL.—The Administrator of the Na5 tional Oceanic and Atmospheric Administration, in coordi6 nation with the National Science Foundation, the National 

7 Aeronautics and Space Administration, the United States 

8 Geological Survey, the Department of the Navy, the Min9 eral Management Service, and relevant governmental, 

10 non-governmental, academic, industry, and other experts, 

11 shall convene an ocean exploration and undersea research 

12 technology and infrastructure task force to develop and 

13 implement a strategy— 

14 (1) to facilitate transfer of new exploration and 

15 undersea research technology to the programs au16 thorized under this subpart and subpart B of this 

17 part; 

18 (2) to improve availability of communications 

19 infrastructure, including satellite capabilities, to 

20 such programs; 

21 (3) to develop an integrated, workable, and 

22 comprehensive data management information proc23 essing system that will make information on unique 

24 and significant features obtained by such programs 

25 available for research and management purposes; 


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1 (4) to conduct public outreach activities that 

2 improve the public understanding of ocean science, 

3 resources, and processes, in conjunction with rel4 evant programs of the National Oceanic and Atmos5 pheric Administration, the National Science Founda6 tion, and other agencies; and 

7 (5) to encourage cost-sharing partnerships with 

8 governmental and nongovernmental entities that will 

9 assist in transferring exploration and undersea re10 search technology and technical expertise to the pro11 grams. 

12 (b) BUDGET COORDINATION.—The task force shall 

13 coordinate the development of agency budgets and identify 

14 the items in their annual budget that support the activities 

15 identified in the strategy developed under subsection (a). 

16 SEC. 5215. OCEAN EXPLORATION ADVISORY BOARD. 

17 (a) ESTABLISHMENT.—The Administrator of the Na18 tional Oceanic and Atmospheric Administration shall ap19 point an Ocean Exploration Advisory Board composed of 

20 experts in relevant fields— 

21 (1) to advise the Administrator on priority 

22 areas for survey and discovery; 

23 (2) to assist the program in the development of 

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1 rine, and Great Lakes science, exploration, and dis2 covery; 

3 (3) to annually review the quality and effective4 ness of the proposal review process established under 

5 section 5213(a)(4); and 

6 (4) to provide other assistance and advice as re7 quested by the Administrator. 

8 (b) FEDERAL ADVISORY COMMITTEE ACT.—Section 

9 14 of the Federal Advisory Committee Act (5 U.S.C. 

10 App.) shall not apply to the Board appointed under sub11 section (a). 

12 (c) APPLICATION WITH OUTER CONTINENTAL

13 SHELF LANDS ACT.—Nothing in subpart supersedes, or 

14 limits the authority of the Secretary of the Interior under 

15 the Outer Continental Shelf Lands Act (43 U.S.C. 1331 

16 et seq.). 

17 SEC. 5216. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Na19 tional Oceanic and Atmospheric Administration to carry 

20 out this subpart— 

21 (1) $33,550,000 for fiscal year 2009; 

22 (2) $36,905,000 for fiscal year 2010; 

23 (3) $40,596,000 for fiscal year 2011; 

24 (4) $44,655,000 for fiscal year 2012; 

25 (5) $49,121,000 for fiscal year 2013; 


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1 (6) $54,033,000 for fiscal year 2014; and 

2 (7) $59,436,000 for fiscal year 2015. 

3 Subpart B—NOAA Undersea Research Program Act 

4 of 2008 

5 SEC. 5221. SHORT TITLE. 

6 This subpart may be cited as the ‘‘NOAA Undersea 

7 Research Program Act of 2008’’. 

8 SEC. 5222. PROGRAM ESTABLISHED. 

9 (a) IN GENERAL.—The Administrator of the Na10 tional Oceanic and Atmospheric Administration shall es11 tablish and maintain an undersea research program and 

12 shall designate a Director of that program. 

13 (b) PURPOSE.—The purpose of the program is to in14 crease scientific knowledge essential for the informed man15 agement, use, and preservation of oceanic, marine, and 

16 coastal areas and the Great Lakes. 

17 SEC. 5223. POWERS OF PROGRAM DIRECTOR. 

18 The Director of the program, in carrying out the pro19 gram, shall— 

20 (1) cooperate with institutions of higher edu21 cation and other educational marine and ocean 

22 science organizations, and shall make available un23 dersea research facilities, equipment, technologies, 

24 information, and expertise to support undersea re25 search efforts by these organizations; 


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1 (2) enter into partnerships, as appropriate and 

2 using existing authorities, with the private sector to 

3 achieve the goals of the program and to promote 

4 technological advancement of the marine industry; 

5 and 

6 (3) coordinate the development of agency budg7 ets and identify the items in their annual budget 

8 that support the activities described in paragraphs 

9 (1) and (2). 

10 SEC. 5224. ADMINISTRATIVE STRUCTURE. 

11 (a) IN GENERAL.—The program shall be conducted 

12 through a national headquarters, a network of extramural 

13 regional undersea research centers that represent all rel14 evant National Oceanic and Atmospheric Administration 

15 regions, and the National Institute for Undersea Science 

16 and Technology. 

17 (b) DIRECTION.—The Director shall develop the over18 all direction of the program in coordination with a Council 

19 of Center Directors comprised of the directors of the ex20 tramural regional centers and the National Institute for 

21 Undersea Science and Technology. The Director shall pub22 lish a draft program direction document not later than 

23 1 year after the date of enactment of this Act in the Fed24 eral Register for a public comment period of not less than 

25 120 days. The Director shall publish a final program diVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 rection, including responses to the comments received dur2 ing the public comment period, in the Federal Register 

3 within 90 days after the close of the comment period. The 

4 program director shall update the program direction, with 

5 opportunity for public comment, at least every 5 years. 

6 SEC. 5225. RESEARCH, EXPLORATION, EDUCATION, AND 

7 TECHNOLOGY PROGRAMS. 

8 (a) IN GENERAL.—The following research, explo9 ration, education, and technology programs shall be con10 ducted through the network of regional centers and the 

11 National Institute for Undersea Science and Technology: 

12 (1) Core research and exploration based on na13 tional and regional undersea research priorities. 

14 (2) Advanced undersea technology development 

15 to support the National Oceanic and Atmospheric 

16 Administration’s research mission and programs. 

17 (3) Undersea science-based education and out18 reach programs to enrich ocean science education 

19 and public awareness of the oceans and Great 

20 Lakes. 

21 (4) Development, testing, and transition of ad22 vanced undersea technology associated with ocean 

23 observatories, submersibles, advanced diving tech24 nologies, remotely operated vehicles, autonomous unVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 derwater vehicles, and new sampling and sensing 

2 technologies. 

3 (5) Discovery, study, and development of nat4 ural resources and products from ocean, coastal, and 

5 aquatic systems. 

6 (b) OPERATIONS.—The Director of the program, 

7 through operation of the extramural regional centers and 

8 the National Institute for Undersea Science and Tech9 nology, shall leverage partnerships and cooperative re10 search with academia and private industry. 

11 SEC. 5226. COMPETITIVENESS. 

12 (a) DISCRETIONARY FUND.—The Program shall allo13 cate no more than 10 percent of its annual budget to a 

14 discretionary fund that may be used only for program ad15 ministration and priority undersea research projects iden16 tified by the Director but not covered by funding available 

17 from centers. 

18 (b) COMPETITIVE SELECTION.—The Administrator 

19 shall conduct an initial competition to select the regional 

20 centers that will participate in the program 90 days after 

21 the publication of the final program direction under sec22 tion 5224 and every 5 years thereafter. Funding for 

23 projects conducted through the regional centers shall be 

24 awarded through a competitive, merit-reviewed process on 


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1 the basis of their relevance to the goals of the program 

2 and their technical feasibility. 

3 SEC. 5227. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Na5 tional Oceanic and Atmospheric Administration— 

6 (1) for fiscal year 2009— 

7 (A) $13,750,000 for the regional centers, 

8 of which 50 percent shall be for West Coast re9 gional centers and 50 percent shall be for East 

10 Coast regional centers; and 

11 (B) $5,500,000 for the National Tech12 nology Institute; 

13 (2) for fiscal year 2010— 

14 (A) $15,125,000 for the regional centers, 

15 of which 50 percent shall be for West Coast re16 gional centers and 50 percent shall be for East 

17 Coast regional centers; and 

18 (B) $6,050,000 for the National Tech19 nology Institute; 

20 (3) for fiscal year 2011— 

21 (A) $16,638,000 for the regional centers, 

22 of which 50 percent shall be for West Coast re23 gional centers and 50 percent shall be for East 

24 Coast regional centers; and 


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1 (B) $6,655,000 for the National Tech2 nology Institute; 

3 (4) for fiscal year 2012— 

4 (A) $18,301,000 for the regional centers, 

5 of which 50 percent shall be for West Coast re6 gional centers and 50 percent shall be for East 

7 Coast regional centers; and 

8 (B) $7,321,000 for the National Tech9 nology Institute; 

10 (5) for fiscal year 2013— 

11 (A) $20,131,000 for the regional centers, 

12 of which 50 percent shall be for West Coast re13 gional centers and 50 percent shall be for East 

14 Coast regional centers; and 

15 (B) $8,053,000 for the National Tech16 nology Institute; 

17 (6) for fiscal year 2014— 

18 (A) $22,145,000 for the regional centers, 

19 of which 50 percent shall be for West Coast re20 gional centers and 50 percent shall be for East 

21 Coast regional centers; and 

22 (B) $8,859,000 for the National Tech23 nology Institute; and 

24 (7) for fiscal year 2015— 


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1 (A) $24,359,000 for the regional centers, 

2 of which 50 percent shall be for West Coast re3 gional centers and 50 percent shall be for East 

4 Coast regional centers; and 

5 (B) $9,744,000 for the National Tech6 nology Institute. 

7 PART III—OCEAN AND COASTAL MAPPING 

8 INTEGRATION ACT 

9 SEC. 5231. SHORT TITLE. 

10 This part may be cited as the ‘‘Ocean and Coastal 

11 Mapping Integration Act’’. 

12 SEC. 5232. ESTABLISHMENT OF PROGRAM. 

13 (a) IN GENERAL.—The President, in coordination 

14 with the Interagency Committee on Ocean and Coastal 

15 Mapping and affected coastal states, shall establish a pro16 gram to develop a coordinated and comprehensive Federal 

17 ocean and coastal mapping plan for the Great Lakes and 

18 coastal state waters, the territorial sea, the exclusive eco19 nomic zone, and the continental shelf of the United States 

20 that enhances ecosystem approaches in decision-making 

21 for conservation and management of marine resources and 

22 habitats, establishes research and mapping priorities, sup23 ports the siting of research and other platforms, and ad24 vances ocean and coastal science. 


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1 (b) MEMBERSHIP.—The Committee shall be com2 prised of high-level representatives of the Department of 

3 Commerce, through the National Oceanic and Atmos4 pheric Administration, the Department of Interior, the 

5 National Science Foundation, the Department of Defense, 

6 the Environmental Protection Agency, the Department of 

7 Homeland Security, the National Aeronautics and Space 

8 Administration, and other appropriate Federal agencies 

9 involved in ocean and coastal mapping. 

10 (c) PROGRAM PARAMETERS.—In developing such a 

11 program, the President, through the Committee, shall— 

12 (1) identify all Federal and federally-funded 

13 programs conducting shoreline delineation and ocean 

14 or coastal mapping, noting geographic coverage, fre15 quency, spatial coverage, resolution, and subject 

16 matter focus of the data and location of data ar17 chives; 

18 (2) facilitate cost-effective, cooperative mapping 

19 efforts that incorporate policies for contracting with 

20 non-governmental entities among all Federal agen21 cies conducting ocean and coastal mapping, by in22 creasing data sharing, developing appropriate data 

23 acquisition and metadata standards, and facilitating 

24 the interoperability of in situ data collection systems, 


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1 data processing, archiving, and distribution of data 

2 products; 

3 (3) facilitate the adaptation of existing tech4 nologies as well as foster expertise in new ocean and 

5 coastal mapping technologies, including through re6 search, development, and training conducted among 

7 Federal agencies and in cooperation with non-gov8 ernmental entities; 

9 (4) develop standards and protocols for testing 

10 innovative experimental mapping technologies and 

11 transferring new technologies between the Federal 

12 Government, coastal state, and non-governmental 

13 entities; 

14 (5) provide for the archiving, management, and 

15 distribution of data sets through a national registry 

16 as well as provide mapping products and services to 

17 the general public in service of statutory require18 ments; 

19 (6) develop data standards and protocols con20 sistent with standards developed by the Federal Geo21 graphic Data Committee for use by Federal, coastal 

22 state, and other entities in mapping and otherwise 

23 documenting locations of federally permitted activi24 ties, living and nonliving coastal and marine re25 sources, marine ecosystems, sensitive habitats, subVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 merged cultural resources, undersea cables, offshore 

2 aquaculture projects, offshore energy projects, and 

3 any areas designated for purposes of environmental 

4 protection or conservation and management of living 

5 and nonliving coastal and marine resources; 

6 (7) identify the procedures to be used for co7 ordinating the collection and integration of Federal 

8 ocean and coastal mapping data with coastal state 

9 and local government programs; 

10 (8) facilitate, to the extent practicable, the col11 lection of real-time tide data and the development of 

12 hydrodynamic models for coastal areas to allow for 

13 the application of V-datum tools that will facilitate 

14 the seamless integration of onshore and offshore 

15 maps and charts; 

16 (9) establish a plan for the acquisition and col17 lection of ocean and coastal mapping data; and 

18 (10) set forth a timetable for completion and 

19 implementation of the plan. 

20 SEC. 5233. INTERAGENCY COMMITTEE ON OCEAN AND 

21 COASTAL MAPPING. 

22 (a) IN GENERAL.—The Administrator of the Na23 tional Oceanic and Atmospheric Administration, within 30 

24 days after the date of enactment of this Act, shall convene 


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1 or utilize an existing interagency committee on ocean and 

2 coastal mapping to implement section 5232. 

3 (b) MEMBERSHIP.—The committee shall be com4 prised of senior representatives from Federal agencies 

5 with ocean and coastal mapping and surveying responsibil6 ities. The representatives shall be high-ranking officials of 

7 their respective agencies or departments and, whenever 

8 possible, the head of the portion of the agency or depart9 ment that is most relevant to the purposes of this part. 

10 Membership shall include senior representatives from the 

11 National Oceanic and Atmospheric Administration, the 

12 Chief of Naval Operations, the United States Geological 

13 Survey, the Minerals Management Service, the National 

14 Science Foundation, the National Geospatial-Intelligence 

15 Agency, the United States Army Corps of Engineers, the 

16 Coast Guard, the Environmental Protection Agency, the 

17 Federal Emergency Management Agency, the National 

18 Aeronautics and Space Administration, and other appro19 priate Federal agencies involved in ocean and coastal map20 ping. 

21 (c) CO-CHAIRMEN.—The Committee shall be co22 chaired by the representative of the Department of Com23 merce and a representative of the Department of the Inte24 rior. 


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1 (d) SUBCOMMITTEE.—The co-chairmen shall estab2 lish a subcommittee to carry out the day-to-day work of 

3 the Committee, comprised of senior representatives of any 

4 member agency of the committee. Working groups may 

5 be formed by the full Committee to address issues of short 

6 duration. The subcommittee shall be chaired by the rep7 resentative from the National Oceanic and Atmospheric 

8 Administration. The chairmen of the Committee may cre9 ate such additional subcommittees and working groups as 

10 may be needed to carry out the work of Committee. 

11 (e) MEETINGS.—The committee shall meet on a 

12 quarterly basis, but each subcommittee and each working 

13 group shall meet on an as-needed basis. 

14 (f) COORDINATION.—The committee shall coordinate 

15 activities when appropriate, with— 

16 (1) other Federal efforts, including the Digital 

17 Coast, Geospatial One-Stop, and the Federal Geo18 graphic Data Committee; 

19 (2) international mapping activities; 

20 (3) coastal states; 

21 (4) user groups through workshops and other 

22 appropriate mechanisms; and 

23 (5) representatives of nongovernmental entities. 

24 (g) ADVISORY PANEL.—The Administrator may con25 vene an ocean and coastal mapping advisory panel conVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 sisting of representatives from non-governmental entities 

2 to provide input regarding activities of the committee in 

3 consultation with the interagency committee. 

4 SEC. 5234. BIANNUAL REPORTS. 

5 No later than 18 months after the date of enactment 

6 of this Act, and biannually thereafter, the co-chairmen of 

7 the Committee shall transmit to the Committee on Com8 merce, Science, and Transportation of the Senate and the 

9 Committee on Natural Resources of the House of Rep10 resentatives a report detailing progress made in imple11 menting this part, including— 

12 (1) an inventory of ocean and coastal mapping 

13 data within the territorial sea and the exclusive eco14 nomic zone and throughout the Continental Shelf of 

15 the United States, noting the age and source of the 

16 survey and the spatial resolution (metadata) of the 

17 data; 

18 (2) identification of priority areas in need of 

19 survey coverage using present technologies; 

20 (3) a resource plan that identifies when priority 

21 areas in need of modern ocean and coastal mapping 

22 surveys can be accomplished; 

23 (4) the status of efforts to produce integrated 

24 digital maps of ocean and coastal areas; 


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1 (5) a description of any products resulting from 

2 coordinated mapping efforts under this part that im3 prove public understanding of the coasts and oceans, 

4 or regulatory decisionmaking; 

5 (6) documentation of minimum and desired 

6 standards for data acquisition and integrated 

7 metadata; 

8 (7) a statement of the status of Federal efforts 

9 to leverage mapping technologies, coordinate map10 ping activities, share expertise, and exchange data; 

11 (8) a statement of resource requirements for or12 ganizations to meet the goals of the program, includ13 ing technology needs for data acquisition, proc14 essing, and distribution systems; 

15 (9) a statement of the status of efforts to de16 classify data gathered by the Navy, the National 

17 Geospatial-Intelligence Agency, and other agencies 

18 to the extent possible without jeopardizing national 

19 security, and make it available to partner agencies 

20 and the public; 

21 (10) a resource plan for a digital coast inte22 grated mapping pilot project for the northern Gulf 

23 of Mexico that will— 

24 (A) cover the area from the authorized 

25 coastal counties through the territorial sea; 


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1 (B) identify how such a pilot project will 

2 leverage public and private mapping data and 

3 resources, such as the United States Geological 

4 Survey National Map, to result in an oper5 ational coastal change assessment program for 

6 the subregion; 

7 (11) the status of efforts to coordinate Federal 

8 programs with coastal state and local government 

9 programs and leverage those programs; 

10 (12) a description of efforts of Federal agencies 

11 to increase contracting with nongovernmental enti12 ties; and 

13 (13) an inventory and description of any new 

14 Federal or federally funded programs conducting 

15 shoreline delineation and ocean or coastal mapping 

16 since the previous reporting cycle. 

17 SEC. 5235. PLAN. 

18 (a) IN GENERAL.—Not later than 6 months after the 

19 date of enactment of this Act, the Administrator, in con20 sultation with the Committee, shall develop and submit to 

21 the Congress a plan for an integrated ocean and coastal 

22 mapping initiative within the National Oceanic and At23 mospheric Administration. 

24 (b) PLAN REQUIREMENTS.—The plan shall— 


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1 (1) identify and describe all ocean and coastal 

2 mapping programs within the agency, including 

3 those that conduct mapping or related activities in 

4 the course of existing missions, such as hydrographic 

5 surveys, ocean exploration projects, living marine re6 source conservation and management programs, 

7 coastal zone management projects, and ocean and 

8 coastal observations and science projects; 

9 (2) establish priority mapping programs and es10 tablish and periodically update priorities for geo11 graphic areas in surveying and mapping across all 

12 missions of the National Oceanic and Atmospheric 

13 Administration, as well as minimum data acquisition 

14 and metadata standards for those programs; 

15 (3) encourage the development of innovative 

16 ocean and coastal mapping technologies and applica17 tions, through research and development through co18 operative or other agreements with joint or coopera19 tive research institutes or centers and with other 

20 non-governmental entities; 

21 (4) document available and developing tech22 nologies, best practices in data processing and dis23 tribution, and leveraging opportunities with other 

24 Federal agencies, coastal states, and non-govern25 mental entities; 


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1 (5) identify training, technology, and other re2 source requirements for enabling the National Oce3 anic and Atmospheric Administration’s programs, 

4 vessels, and aircraft to support a coordinated ocean 

5 and coastal mapping program; 

6 (6) identify a centralized mechanism or office 

7 for coordinating data collection, processing, 

8 archiving, and dissemination activities of all such 

9 mapping programs within the National Oceanic and 

10 Atmospheric Administration that meets Federal 

11 mandates for data accuracy and accessibility and 

12 designate a repository that is responsible for 

13 archiving and managing the distribution of all ocean 

14 and coastal mapping data to simplify the provision 

15 of services to benefit Federal and coastal state pro16 grams; and 

17 (7) set forth a timetable for implementation 

18 and completion of the plan, including a schedule for 

19 submission to the Congress of periodic progress re20 ports and recommendations for integrating ap21 proaches developed under the initiative into the 

22 interagency program. 

23 (c) NOAA JOINT OCEAN AND COASTAL MAPPING

24 CENTERS.—The Administrator may maintain and operate 

25 up to 3 joint ocean and coastal mapping centers, including 


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1 a joint hydrographic center, which shall each be co-located 

2 with an institution of higher education. The centers shall 

3 serve as hydrographic centers of excellence and may con4 duct activities necessary to carry out the purposes of this 

5 part, including— 

6 (1) research and development of innovative 

7 ocean and coastal mapping technologies, equipment, 

8 and data products; 

9 (2) mapping of the United States Outer Conti10 nental Shelf and other regions; 

11 (3) data processing for nontraditional data and 

12 uses; 

13 (4) advancing the use of remote sensing tech14 nologies, for related issues, including mapping and 

15 assessment of essential fish habitat and of coral re16 sources, ocean observations, and ocean exploration; 

17 and 

18 (5) providing graduate education and training 

19 in ocean and coastal mapping sciences for members 

20 of the National Oceanic and Atmospheric Adminis21 tration Commissioned Officer Corps, personnel of 

22 other agencies with ocean and coastal mapping pro23 grams, and civilian personnel. 

24 (d) NOAA REPORT.—The Administrator shall con25 tinue developing a strategy for expanding contracting with 


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1 non-governmental entities to minimize duplication and 

2 take maximum advantage of nongovernmental capabilities 

3 in fulfilling the Administration’s mapping and charting re4 sponsibilities. Within 120 days after the date of enactment 

5 of this Act, the Administrator shall transmit a report de6 scribing the strategy developed under this subsection to 

7 the Committee on Commerce, Science, and Transportation 

8 of the Senate and the Committee on Natural Resources 

9 of the House of Representatives. 

10 SEC. 5236. EFFECT ON OTHER LAWS. 

11 Nothing in this part shall be construed to supersede 

12 or alter the existing authorities of any Federal agency with 

13 respect to ocean and coastal mapping. 

14 SEC. 5237. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—In addition to the amounts au16 thorized by section 306 of the Hydrographic Services Im17 provement Act of 1998 (33 U.S.C. 892d), there are au18 thorized to be appropriated to the Administrator to carry 

19 out this part— 

20 (1) $26,000,000 for fiscal year 2009; 

21 (2) $32,000,000 for fiscal year 2010; 

22 (3) $38,000,000 for fiscal year 2011; and 

23 (4) $45,000,000 for each of fiscal years 2012 

24 through 2015. 


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1 (b) JOINT OCEAN AND COASTAL MAPPING CEN2 TERS.—Of the amounts appropriated pursuant to sub3 section (a), the following amounts shall be used to carry 

4 out section 5235(c) of this part: 

5 (1) $11,000,000 for fiscal year 2009. 

6 (2) $12,000,000 for fiscal year 2010. 

7 (3) $13,000,000 for fiscal year 2011. 

8 (4) $15,000,000 for each of fiscal years 2012 

9 through 2015. 

10 (c) COOPERATIVE AGREEMENTS.—To carry out 

11 interagency activities under section 5233 of this part, the 

12 head of any department or agency may execute a coopera13 tive agreement with the Administrator, including those au14 thorized by section 5 of the Act of August 6, 1947 (33 

15 U.S.C. 883e). 

16 SEC. 5238. DEFINITIONS. 

17 In this part: 

18 (1) ADMINISTRATOR.—The term ‘‘Adminis19 trator’ ’’ means the Administrator of the National 

20 Oceanic and Atmospheric Administration. 

21 (2) COASTAL STATE.—The term ‘‘coastal state’’ 

22 has the meaning given that term by section 304(4) 

23 of the Coastal Zone Management Act of 1972 (16 

24 U.S.C. 1453(4). 


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1 (3) COMMITTEE.—The term ‘‘Committee’’ 

2 means the Interagency Ocean Mapping Committee 

3 established by section 5233. 

4 (4) EXCLUSIVE ECONOMIC ZONE.—The term 

5 ‘‘exclusive economic zone’’ means the exclusive eco6 nomic zone of the United States established by Pres7 idential Proclamation No. 5030, of March 10, 1983. 

8 (5) OCEAN AND COASTAL MAPPING.—The term 

9 ‘‘ocean and coastal mapping’’ means the acquisition, 

10 processing, and management of physical, biological, 

11 geological, chemical, and archaeological characteris12 tics and boundaries of ocean and coastal areas, re13 sources, and sea beds through the use of acoustics, 

14 satellites, aerial photogrammetry, light and imaging, 

15 direct sampling, and other mapping technologies. 

16 (6) TERRITORIAL SEA.—The term ‘‘territorial 

17 sea’’ means the belt of sea measured from the base18 line of the United States determined in accordance 

19 with international law, as set forth in Presidential 

20 Proclamation Number 5928, dated December 27, 

21 1988. 

22 (7) NONGOVERNMENTAL ENTITIES.—The term 

23 ‘‘nongovernmental entities’’ includes nongovern24 mental organizations, members of the academic com25 munity, and private sector organizations that proVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 vide products and services associated with meas2 uring, locating, and preparing maps, charts, surveys, 

3 aerial photographs, satellite imagines, or other 

4 graphical or digital presentations depicting natural 

5 or manmade physical features, phenomena, and legal 

6 boundaries of the Earth. 

7 (8) OUTER CONTINENTAL SHELF.—The term 

8 ‘‘Outer Continental Shelf’’ means all submerged 

9 lands lying seaward and outside of lands beneath 

10 navigable waters (as that term is defined in section 

11 2 of the Submerged Lands Act (43 U.S.C. 1301)), 

12 and of which the subsoil and seabed appertain to the 

13 United States and are subject to its jurisdiction and 

14 control. 

15 PART IV—NATIONAL SEA GRANT COLLEGE 

16 PROGRAM AMENDMENTS ACT OF 2008 

17 SEC. 5241. SHORT TITLE. 

18 This part may be cited as the ‘‘National Sea Grant 

19 College Program Amendments Act of 2008’’. 

20 SEC. 5242. REFERENCES. 

21 Except as otherwise expressly provided therein, when22 ever in this part an amendment or repeal is expressed in 

23 terms of an amendment to, or repeal of, a section or other 

24 provision, the reference shall be considered to be made to 


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1 a section or other provision of the National Sea Grant Col2 lege Program Act (33 U.S.C. 1121 et seq.). 

3 SEC. 5243. FINDINGS AND PURPOSE. 

4 (a) FINDINGS.—Section 202(a) (33 U.S.C. 1121(a)) 

5 is amended— 

6 (1) by striking subparagraphs (D) and (E) of 

7 paragraph (1) and inserting the following: 

8 ‘‘(D) encourage the development of prepa9 ration, forecast, analysis, mitigation, response, 

10 and recovery systems for coastal hazards; 

11 ‘‘(E) understand global environmental 

12 processes and their impacts on ocean, coastal, 

13 and Great Lakes resources; and’’; 

14 (2) by striking ‘‘program of research, edu15 cation,’’ in paragraph (2) and inserting ‘‘program of 

16 integrated research, education, extension,’’; and 

17 (3) by striking paragraph (6) and inserting the 

18 following: 

19 ‘‘(6) The National Oceanic and Atmospheric 

20 Administration, through the national sea grant col21 lege program, offers the most suitable locus and 

22 means for such commitment and engagement 

23 through the promotion of activities that will result in 

24 greater such understanding, assessment, develop25 ment, management, utilization, and conservation of 


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1 ocean, coastal, and Great Lakes resources. The most 

2 cost-effective way to promote such activities is 

3 through continued and increased Federal support of 

4 the establishment, development, and operation of 

5 programs and projects by sea grant colleges, sea 

6 grant institutes, and other institutions, including 

7 strong collaborations between Administration sci8 entists and research and outreach personnel at aca9 demic institutions.’’. 

10 (b) PURPOSE.—Section 202(c) (33 U.S.C. 1121(c)) 

11 is amended by striking ‘‘to promote research, education, 

12 training, and advisory service activities’’ and inserting ‘‘to 

13 promote integrated research, education, training, and ex14 tension services and activities’’. 

15 (c) TERMINOLOGY.—Subsections (a) and (b) of sec16 tion 202 (15 U.S.C. 1121(a) and (b)) are amended by in17 serting ‘‘management,’’ after ‘‘development,’’ each place 

18 it appears. 

19 SEC. 5244. DEFINITIONS. 

20 (a) IN GENERAL.—Section 203 (33 U.S.C. 1122) is 

21 amended— 

22 (1) in paragraph (4) by inserting ‘‘manage23 ment,’’ after ‘‘development,’’; 

24 (2) in paragraph (11) by striking ‘‘advisory 

25 services’’ and inserting ‘‘extension services’’; and 


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1 (3) in each of paragraphs (12) and (13) by 

2 striking ‘‘(33 U.S.C. 1126)’’. 

3 (b) REPEAL.—Section 307 of the Act entitled ‘‘An 

4 Act to provide for the designation of the Flower Garden 

5 Banks National Marine Sanctuary’’ (Public Law 102– 

6 251; 106 Stat. 66) is repealed. 

7 SEC. 5245. NATIONAL SEA GRANT COLLEGE PROGRAM. 

8 (a) PROGRAM ELEMENTS.—Section 204(b) (33 

9 U.S.C. 1123(b)) is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) sea grant programs that comprise a na13 tional sea grant college program network, including 

14 international projects conducted within such pro15 grams and regional and national projects conducted 

16 among such programs;’’; 

17 (2) by amending paragraph (2) to read as fol18 lows: 

19 ‘‘(2) administration of the national sea grant 

20 college program and this title by the national sea 

21 grant office and the Administration;’’; and 

22 (3) by amending paragraph (4) to read as fol23 lows: 

24 ‘‘(4) any regional or national strategic invest25 ments in fields relating to ocean, coastal, and Great 


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1 Lakes resources developed in consultation with the 

2 Board and with the approval of the sea grant col3 leges and the sea grant institutes.’’. 

4 (b) TECHNICAL CORRECTION.—Section 204(c)(2) 

5 (33 U.S.C. 1123(c)(2)) is amended by striking ‘‘Within 

6 6 months of the date of enactment of the National Sea 

7 Grant College Program Reauthorization Act of 1998, the’’ 

8 and inserting ‘‘The’’. 

9 (c) FUNCTIONS OF DIRECTOR OF NATIONAL SEA

10 GRANT COLLEGE PROGRAM.—Section 204(d) (33 U.S.C. 

11 1123(d)) is amended— 

12 (1) in paragraph (2)(A), by striking ‘‘long 

13 range’’; 

14 (2) in paragraph (3)(A)— 

15 (A) by striking ‘‘(A)(i) evaluate’’ and in16 serting ‘‘(A) evaluate and assess’’; 

17 (B) by striking ‘‘activities; and’’ and in18 serting ‘‘activities;’’; and 

19 (C) by striking clause (ii); and 

20 (3) in paragraph (3)(B)— 

21 (A) by redesignating clauses (ii) through 

22 (iv) as clauses (iii) through (v), respectively, 

23 and by inserting after clause (i) the following: 

24 ‘‘(ii) encourage collaborations among 

25 sea grant colleges and sea grant institutes 


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1 to address regional and national priorities 

2 established under subsection (c)(1);’’; 

3 (B) in clause (iii) (as so redesignated) by 

4 striking ‘‘encourage’’ and inserting ‘‘ensure’’; 

5 (C) in clause (iv) (as so redesignated) by 

6 striking ‘‘and’’ after the semicolon; 

7 (D) by inserting after clause (v) (as so re8 designated) the following: 

9 ‘‘(vi) encourage cooperation with Minority 

10 Serving Institutions to enhance collaborative re11 search opportunities and increase the number of 

12 such students graduating in NOAA science 

13 areas; and’’. 

14 SEC. 5246. PROGRAM OR PROJECT GRANTS AND CON15 TRACTS. 

16 Section 205 (33 U.S.C. 1124) is amended— 

17 (1) by striking ‘‘204(c)(4)(F).’’ in subsection 

18 (a) and inserting ‘‘204(c)(4)(F) or that are appro19 priated under section 208(b).’’; and 

20 (2) by striking the matter following paragraph 

21 (3) in subsection (b) and inserting the following: 

22 ‘‘The total amount that may be provided for grants 

23 under this subsection during any fiscal year shall not ex24 ceed an amount equal to 5 percent of the total funds ap25 propriated for such year under section 212.’’. 


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1 SEC. 5247. EXTENSION SERVICES BY SEA GRANT COLLEGES 

2 AND SEA GRANT INSTITUTES. 

3 Section 207(a) (33 U.S.C. 1126(a)) is amended in 

4 each of paragraphs (2)(B) and (3)(B) by striking ‘‘advi5 sory services’’ and inserting ‘‘extension services’’. 

6 SEC. 5248. FELLOWSHIPS. 

7 Section 208(a) (33 U.S.C. 1127) is amended— 

8 (1) by striking ‘‘Not later than 1 year after the 

9 date of the enactment of the National Sea Grant 

10 College Program Act Amendments of 2002, and 

11 every 2 years thereafter,’’ in subsection (a) and in12 serting ‘‘Every 2 years,’’; and 

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

14 ‘‘(c) Restriction on Use of Funds.—Amounts avail15 able for fellowships under this section, including amounts 

16 accepted under section 204(c)(4)(F) or appropriated 

17 under section 212 to implement this section, shall be used 

18 only for award of such fellowships and administrative costs 

19 of implementing this section.’’ 

20 SEC. 5249. NATIONAL SEA GRANT ADVISORY BOARD. 

21 (a) REDESIGNATION OF SEA GRANT REVIEW PANEL

22 AS BOARD.— 

23 (1) REDESIGNATION.—The sea grant review 

24 panel established by section 209 of the National Sea 

25 Grant College Program Act (33 U.S.C. 1128), as in 

26 effect before the date of the enactment of this Act, 


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1 is redesignated as the National Sea Grant Advisory 

2 Board. 

3 (2) MEMBERSHIP NOT AFFECTED.—An indi4 vidual serving as a member of the sea grant review 

5 panel immediately before date of the enactment of 

6 this Act may continue to serve as a member of the 

7 National Sea Grant Advisory Board until the expira8 tion of such member’s term under section 209(c) of 

9 such Act (33 U.S.C. 1128(c)). 

10 (3) REFERENCES.—Any reference in a law, 

11 map, regulation, document, paper, or other record of 

12 the United States to such sea grant review panel is 

13 deemed to be a reference to the National Sea Grant 

14 Advisory Board. 

15 (4) CONFORMING AMENDMENTS.— 

16 (A) IN GENERAL.—Section 209 (33 U.S.C. 

17 1128) is amended by striking so much as pre18 cedes subsection (b) and inserting the following: 

19 ‘‘SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD. 

20 ‘‘(a) ESTABLISHMENT.—There shall be an inde21 pendent committee to be known as the National Sea Grant 

22 Advisory Board.’’. 

23 (B) DEFINITION.—Section 203(9) (33 

24 U.S.C. 1122(9)) is amended to read as follows: 


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1 ‘‘(9) The term ‘Board’ means the National Sea 

2 Grant Advisory Board established under section 

3 209.’’; 

4 (C) OTHER PROVISIONS.—The following 

5 provisions are each amended by striking 

6 ‘‘panel’’ each place it appears and inserting 

7 ‘‘Board’’: 

8 (i) Section 204 (33 U.S.C. 1123). 

9 (ii) Section 207 (33 U.S.C. 1126). 

10 (iii) Section 209 (33 U.S.C. 1128). 

11 (b) DUTIES.—Section 209(b) (33 U.S.C. 1128(b)) is 

12 amended to read as follows: 

13 ‘‘(b) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Board shall advise the 

15 Secretary and the Director concerning— 

16 ‘‘(A) strategies for utilizing the sea grant 

17 college program to address the Nation’s highest 

18 priorities regarding the understanding, assess19 ment, development, management, utilization, 

20 and conservation of ocean, coastal, and Great 

21 Lakes resources; 

22 ‘‘(B) the designation of sea grant colleges 

23 and sea grant institutes; and 

24 ‘‘(C) such other matters as the Secretary 

25 refers to the Board for review and advice. 


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1 ‘‘(2) BIENNIAL REPORT.—The Board shall re2 port to the Congress every two years on the state of 

3 the national sea grant college program. The Board 

4 shall indicate in each such report the progress made 

5 toward meeting the priorities identified in the stra6 tegic plan in effect under section 204(c). The Sec7 retary shall make available to the Board such infor8 mation, personnel, and administrative services and 

9 assistance as it may reasonably require to carry out 

10 its duties under this title.’’. 

11 (c) MEMBERSHIP, TERMS, AND POWERS.—Section 

12 209(c)(1) (33 U.S.C. 1128(c)(1)) is amended— 

13 (1) by inserting ‘‘coastal management,’’ after 

14 ‘‘resource management,’’; and 

15 (2) by inserting ‘‘management,’’ after ‘‘develop16 ment,’’. 

17 (d) EXTENSION OF TERM.—Section 209(c)(3) (33 

18 U.S.C. 1128(c)(3)) is amended by striking the second sen19 tence and inserting the following: ‘‘The Director may ex20 tend the term of office of a voting member of the Board 

21 once by up to 1 year.’’. 

22 (e) ESTABLISHMENT OF SUBCOMMITTEES.—Section 

23 209(c) (33 U.S.C. 1128(c)) is amended by adding at the 

24 end the following: 


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1 ‘‘(8) The Board may establish such subcommittees as 

2 are reasonably necessary to carry out its duties under sub3 section (b). Such subcommittees may include individuals 

4 who are not Board members.’’. 

5 SEC. 5250. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 212 of the National Sea Grant College Pro7 gram Act (33 U.S.C. 1131) is amended— 

8 (1) by striking subsection (a)(1) and inserting 

9 the following: ‘‘ 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to the Secretary to carry out this 

12 title— 

13 ‘‘(A) $72,000,000 for fiscal year 2009; 

14 ‘‘(B) $75,600,000 for fiscal year 2010; 

15 ‘‘(C) $79,380,000 for fiscal year 2011; 

16 ‘‘(D) $83,350,000 for fiscal year 2012; 

17 ‘‘(E) $87,520,000 for fiscal year 2013; and 

18 ‘‘(F) $91,900,000 for fiscal year 2014.’’; 

19 (2) in subsection (a)(2)— 

20 (A) by striking ‘‘fiscal years 2003 through 

21 2008—’’ and inserting ‘‘fiscal years 2009 

22 through 2014—’’; 

23 (B) by striking ‘‘biology and control of 

24 zebra mussels and other important aquatic’’ in 


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1 subparagraph (A) and inserting ‘‘biology, pre2 vention, and control of aquatic’’; and 

3 (C) by striking ‘‘blooms, including 

4 Pfiesteria piscicida; and’’ in subparagraph (C) 

5 and inserting ‘‘blooms; and’’; 

6 (3) in subsection (c)(1) by striking ‘‘rating 

7 under section 204(d)(3)(A)’’ and inserting ‘‘perform8 ance assessments’’; and 

9 (4) by striking subsection (c)(2) and inserting 

10 the following: 

11 ‘‘(2) regional or national strategic investments au12 thorized under section 204(b)(4);’’. 

13 PART V—INTEGRATED COASTAL AND OCEAN 

14 OBSERVATION SYSTEM ACT OF 2008 

15 SEC. 5261. SHORT TITLE. 

16 This part may be cited as the ‘‘Integrated Coastal 

17 and Ocean Observation System Act of 2008’’. 

18 SEC. 5262. PURPOSES. 

19 The purposes of this part are to— 

20 (1) establish a national integrated System of 

21 ocean, coastal, and Great Lakes observing systems, 

22 comprised of Federal and non-Federal components 

23 coordinated at the national level by the National 

24 Ocean Research Leadership Council and at the re25 gional level by a network of regional information coVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ordination entities, and that includes in situ, remote, 

2 and other coastal and ocean observation, tech3 nologies, and data management and communication 

4 systems, and is designed to address regional and na5 tional needs for ocean information, to gather specific 

6 data on key coastal, ocean, and Great Lakes vari7 ables, and to ensure timely and sustained dissemina8 tion and availability of these data to— 

9 (A) support national defense, marine com10 merce, navigation safety, weather, climate, and 

11 marine forecasting, energy siting and produc12 tion, economic development, ecosystem-based 

13 marine, coastal, and Great Lakes resource man14 agement, public safety, and public outreach 

15 training and education; 

16 (B) promote greater public awareness and 

17 stewardship of the Nation’s ocean, coastal, and 

18 Great Lakes resources and the general public 

19 welfare; and 

20 (C) enable advances in scientific under21 standing to support the sustainable use, con22 servation, management, and understanding of 

23 healthy ocean, coastal, and Great Lakes re24 sources; 


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1 (2) improve the Nation’s capability to measure, 

2 track, explain, and predict events related directly 

3 and indirectly to weather and climate change, nat4 ural climate variability, and interactions between the 

5 oceanic and atmospheric environments, including the 

6 Great Lakes; and 

7 (3) authorize activities to promote basic and ap8 plied research to develop, test, and deploy innova9 tions and improvements in coastal and ocean obser10 vation technologies, modeling systems, and other sci11 entific and technological capabilities to improve our 

12 conceptual understanding of weather and climate, 

13 ocean-atmosphere dynamics, global climate change, 

14 physical, chemical, and biological dynamics of the 

15 ocean, coastal and Great Lakes environments, and 

16 to conserve healthy and restore degraded coastal 

17 ecosystems. 

18 SEC. 5263. DEFINITIONS. 

19 In this part: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Under Secretary of Commerce for 

22 Oceans and Atmosphere in the Under Secretary’s 

23 capacity as Administrator of the National Oceanic 

24 and Atmospheric Administration. 


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1 (2) COUNCIL.—The term ‘‘Council’’ means the 

2 National Ocean Research Leadership Council estab3 lished by section 7902 of title 10, United States 

4 Code. 

5 (3) FEDERAL ASSETS.—The term ‘‘Federal as6 sets’’ means all relevant non-classified civilian coast7 al and ocean observations, technologies, and related 

8 modeling, research, data management, basic and ap9 plied technology research and development, and pub10 lic education and outreach programs, that are man11 aged by member agencies of the Council. 

12 (4) INTERAGENCY OCEAN OBSERVATION COM13 MITTEE.—The term ‘‘Interagency Ocean Observa14 tion Committee’’ means the committee established 

15 under section 5264(c)(2). 

16 (5) NON-FEDERAL ASSETS.—The term ‘‘non17 Federal assets’’ means all relevant coastal and ocean 

18 observation technologies, related basic and applied 

19 technology research and development, and public 

20 education and outreach programs that are integrated 

21 into the System and are managed through States, 

22 regional organizations, universities, nongovernmental 

23 organizations, or the private sector. 

24 (6) REGIONAL INFORMATION COORDINATION

25 ENTITIES.— 


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1 (A) IN GENERAL.—The term ‘‘regional in2 formation coordination entity’’ means an orga3 nizational body that is certified or established 

4 by contract or memorandum by the lead Fed5 eral agency designated in section 5264(c)(3) of 

6 this part and coordinates State, Federal, local, 

7 and private interests at a regional level with the 

8 responsibility of engaging the private and public 

9 sectors in designing, operating, and improving 

10 regional coastal and ocean observing systems in 

11 order to ensure the provision of data and infor12 mation that meet the needs of user groups from 

13 the respective regions. 

14 (B) CERTAIN INCLUDED ASSOCIATIONS.— 

15 The term ‘‘regional information coordination 

16 entity’’ includes regional associations described 

17 in the System Plan. 

18 (7) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of Commerce, acting through the Na20 tional Oceanic and Atmospheric Administration. 

21 (8) SYSTEM.—The term ‘‘System’’ means the 

22 National Integrated Coastal and Ocean Observation 

23 System established under section 5264. 

24 (9) SYSTEM PLAN.—The term ‘‘System Plan’’ 

25 means the plan contained in the document entitled 


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1 ‘‘Ocean.US Publication No. 9, The First Integrated 

2 Ocean Observing System (IOOS) Development 

3 Plan’’, as updated by the Council under this part. 

4 SEC. 5264. INTEGRATED COASTAL AND OCEAN OBSERVING 

5 SYSTEM. 

6 (a) ESTABLISHMENT.—The President, acting 

7 through the Council, shall establish a National Integrated 

8 Coastal and Ocean Observation System to fulfill the pur9 poses set forth in section 5262 of this part and the System 

10 Plan and to fulfill the Nation’s international obligations 

11 to contribute to the Global Earth Observation System of 

12 Systems and the Global Ocean Observing System. 

13 (b) SYSTEM ELEMENTS.— 

14 (1) IN GENERAL.—In order to fulfill the pur15 poses of this part, the System shall be national in 

16 scope and consist of— 

17 (A) Federal assets to fulfill national and 

18 international observation missions and prior19 ities; 

20 (B) non-Federal assets, including a net21 work of regional information coordination enti22 ties identified under subsection (c)(4), to fulfill 

23 regional observation missions and priorities; 

24 (C) data management, communication, and 

25 modeling systems for the timely integration and 


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1 dissemination of data and information products 

2 from the System; 

3 (D) a research and development program 

4 conducted under the guidance of the Council, 

5 consisting of— 

6 (i) basic and applied research and 

7 technology development to improve under8 standing of coastal and ocean systems and 

9 their relationships to human activities and 

10 to ensure improvement of operational as11 sets and products, including related infra12 structure, observing technologies, and in13 formation and data processing and man14 agement technologies; and 

15 (ii) large scale computing resources 

16 and research to advance modeling of coast17 al and ocean processes. 

18 (2) ENHANCING ADMINISTRATION AND MAN19 AGEMENT.—The head of each Federal agency that 

20 has administrative jurisdiction over a Federal asset 

21 shall support the purposes of this part and may take 

22 appropriate actions to enhance internal agency ad23 ministration and management to better support, in24 tegrate, finance, and utilize observation data, prodVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 ucts, and services developed under this section to 

2 further its own agency mission and responsibilities. 

3 (3) AVAILABILITY OF DATA.—The head of each 

4 Federal agency that has administrative jurisdiction 

5 over a Federal asset shall make available data that 

6 are produced by that asset and that are not other7 wise restricted for integration, management, and dis8 semination by the System. 

9 (4) NON-FEDERAL ASSETS.—Non-Federal as10 sets shall be coordinated, as appropriate, by the 

11 Interagency Ocean Observing Committee or by re12 gional information coordination entities. 

13 (c) POLICY OVERSIGHT, ADMINISTRATION, AND RE14 GIONAL COORDINATION.— 

15 (1) COUNCIL FUNCTIONS.—The Council shall 

16 serve as the policy and coordination oversight body 

17 for all aspects of the System. In carrying out its re18 sponsibilities under this part, the Council shall— 

19 (A) approve and adopt comprehensive Sys20 tem budgets developed and maintained by the 

21 Interagency Ocean Observation Committee to 

22 support System operations, including operations 

23 of both Federal and non-Federal assets; 

24 (B) ensure coordination of the System with 

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1 ing activities including the Global Ocean Ob2 serving System and the Global Earth Observing 

3 System of Systems, and provide, as appropriate, 

4 support for and representation on United 

5 States delegations to international meetings on 

6 coastal and ocean observing programs; and 

7 (C) encourage coordinated intramural and 

8 extramural research and technology develop9 ment, and a process to transition developing 

10 technology and methods into operations of the 

11 System. 

12 (2) INTERAGENCY OCEAN OBSERVATION COM13 MITTEE.—The Council shall establish or designate 

14 an Interagency Ocean Observation Committee which 

15 shall— 

16 (A) prepare annual and long-term plans 

17 for consideration and approval by the Council 

18 for the integrated design, operation, mainte19 nance, enhancement and expansion of the Sys20 tem to meet the objectives of this part and the 

21 System Plan; 

22 (B) develop and transmit to Congress at 

23 the time of submission of the President’s an24 nual budget request an annual coordinated, 

25 comprehensive budget to operate all elements of 


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1 the System identified in subsection (b), and to 

2 ensure continuity of data streams from Federal 

3 and non-Federal assets; 

4 (C) establish required observation data 

5 variables to be gathered by both Federal and 

6 non-Federal assets and identify, in consultation 

7 with regional information coordination entities, 

8 priorities for System observations; 

9 (D) establish protocols and standards for 

10 System data processing, management, and com11 munication; 

12 (E) develop contract certification stand13 ards and compliance procedures for all non14 Federal assets, including regional information 

15 coordination entities, to establish eligibility for 

16 integration into the System and to ensure com17 pliance with all applicable standards and proto18 cols established by the Council, and ensure that 

19 regional observations are integrated into the 

20 System on a sustained basis; 

21 (F) identify gaps in observation coverage 

22 or needs for capital improvements of both Fed23 eral assets and non-Federal assets; 

24 (G) subject to the availability of appropria25 tions, establish through one or more particiVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 pating Federal agencies, in consultation with 

2 the System advisory committee established 

3 under subsection (d), a competitive matching 

4 grant or other programs— 

5 (i) to promote intramural and extra6 mural research and development of new, 

7 innovative, and emerging observation tech8 nologies including testing and field trials; 

9 and 

10 (ii) to facilitate the migration of new, 

11 innovative, and emerging scientific and 

12 technological advances from research and 

13 development to operational deployment; 

14 (H) periodically review and recommend to 

15 the Council, in consultation with the Adminis16 trator, revisions to the System Plan; 

17 (I) ensure collaboration among Federal 

18 agencies participating in the activities of the 

19 Committee; and 

20 (J) perform such additional duties as the 

21 Council may delegate. 

22 (3) LEAD FEDERAL AGENCY.—The National 

23 Oceanic and Atmospheric Administration shall func24 tion as the lead Federal agency for the implementa25 tion and administration of the System, in consultaVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 tion with the Council, the Interagency Ocean Obser2 vation Committee, other Federal agencies that main3 tain portions of the System, and the regional infor4 mation coordination entities, and shall— 

5 (A) establish an Integrated Ocean Observ6 ing Program Office within the National Oceanic 

7 and Atmospheric Administration utilizing to the 

8 extent necessary, personnel from member agen9 cies participating on the Interagency Ocean Ob10 servation Committee, to oversee daily operations 

11 and coordination of the System; 

12 (B) implement policies, protocols, and 

13 standards approved by the Council and dele14 gated by the Interagency Ocean Observing 

15 Committee; 

16 (C) promulgate program guidelines to cer17 tify and integrate non-Federal assets, including 

18 regional information coordination entities, into 

19 the System to provide regional coastal and 

20 ocean observation data that meet the needs of 

21 user groups from the respective regions; 

22 (D) have the authority to enter into and 

23 oversee contracts, leases, grants or cooperative 

24 agreements with non-Federal assets, including 

25 regional information coordination entities, to 


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1 support the purposes of this part on such terms 

2 as the Administrator deems appropriate; 

3 (E) implement a merit-based, competitive 

4 funding process to support non-Federal assets, 

5 including the development and maintenance of 

6 a network of regional information coordination 

7 entities, and develop and implement a process 

8 for the periodic review and evaluation of all 

9 non-Federal assets, including regional informa10 tion coordination entities; 

11 (F) provide opportunities for competitive 

12 contracts and grants for demonstration projects 

13 to design, develop, integrate, deploy, and sup14 port components of the System; 

15 (G) establish efficient and effective admin16 istrative procedures for allocation of funds 

17 among contractors, grantees, and non-Federal 

18 assets, including regional information coordina19 tion entities in a timely manner, and contingent 

20 on appropriations according to the budget 

21 adopted by the Council; 

22 (H) develop and implement a process for 

23 the periodic review and evaluation of regional 

24 information coordination entities; 


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1 (I) formulate an annual process by which 

2 gaps in observation coverage or needs for cap3 ital improvements of Federal assets and non4 Federal assets of the System are identified by 

5 the regional information coordination entities, 

6 the Administrator, or other members of the 

7 System and transmitted to the Interagency 

8 Ocean Observing Committee; 

9 (J) develop and be responsible for a data 

10 management and communication system, in ac11 cordance with standards and protocols estab12 lished by the Council, by which all data col13 lected by the System regarding ocean and 

14 coastal waters of the United States including 

15 the Great Lakes, are processed, stored, inte16 grated, and made available to all end-user com17 munities; 

18 (K) implement a program of public edu19 cation and outreach to improve public aware20 ness of global climate change and effects on the 

21 ocean, coastal, and Great Lakes environment; 

22 (L) report annually to the Interagency 

23 Ocean Observing Committee on the accomplish24 ments, operational needs, and performance of 

25 the System to contribute to the annual and 


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1 long-term plans developed pursuant to sub2 section (c)(2)(A)(i); and 

3 (M) develop a plan to efficiently integrate 

4 into the System new, innovative, or emerging 

5 technologies that have been demonstrated to be 

6 useful to the System and which will fulfill the 

7 purposes of this part and the System Plan. 

8 (4) REGIONAL INFORMATION COORDINATION

9 ENTITIES.— 

10 (A) IN GENERAL.—To be certified or es11 tablished under this part, a regional informa12 tion coordination entity shall be certified or es13 tablished by contract or agreement by the Ad14 ministrator, and shall agree to meet the certifi15 cation standards and compliance procedure 

16 guidelines issued by the Administrator and in17 formation needs of user groups in the region 

18 while adhering to national standards and 

19 shall— 

20 (i) demonstrate an organizational 

21 structure capable of gathering required 

22 System observation data, supporting and 

23 integrating all aspects of coastal and ocean 

24 observing and information programs within 

25 a region and that reflects the needs of 


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1 State and local governments, commercial 

2 interests, and other users and beneficiaries 

3 of the System and other requirements 

4 specified under this part and the System 

5 Plan; 

6 (ii) identify gaps in observation cov7 erage needs for capital improvements of 

8 Federal assets and non-Federal assets of 

9 the System, or other recommendations to 

10 assist in the development of the annual 

11 and long-term plans created pursuant to 

12 subsection (c)(2)(A)(i) and transmit such 

13 information to the Interagency Ocean Ob14 serving Committee via the Program Office; 

15 (iii) develop and operate under a stra16 tegic operational plan that will ensure the 

17 efficient and effective administration of 

18 programs and assets to support daily data 

19 observations for integration into the Sys20 tem, pursuant to the standards approved 

21 by the Council; 

22 (iv) work cooperatively with govern23 mental and non-governmental entities at 

24 all levels to identify and provide informa25 tion products of the System for multiple 


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1 users within the service area of the re2 gional information coordination entities; 

3 and 

4 (v) comply with all financial oversight 

5 requirements established by the Adminis6 trator, including requirements relating to 

7 audits. 

8 (B) PARTICIPATION.—For the purposes of 

9 this part, employees of Federal agencies may 

10 participate in the functions of the regional in11 formation coordination entities. 

12 (d) SYSTEM ADVISORY COMMITTEE.— 

13 (1) IN GENERAL.—The Administrator shall es14 tablish or designate a System advisory committee, 

15 which shall provide advice as may be requested by 

16 the Administrator or the Interagency Ocean Observ17 ing Committee. 

18 (2) PURPOSE.—The purpose of the System ad19 visory committee is to advise the Administrator and 

20 the Interagency Ocean Observing Committee on— 

21 (A) administration, operation, manage22 ment, and maintenance of the System, includ23 ing integration of Federal and non-Federal as24 sets and data management and communication 


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1 aspects of the System, and fulfillment of the 

2 purposes set forth in section 5262; 

3 (B) expansion and periodic modernization 

4 and upgrade of technology components of the 

5 System; 

6 (C) identification of end-user communities, 

7 their needs for information provided by the Sys8 tem, and the System’s effectiveness in dissemi9 nating information to end-user communities 

10 and the general public; and 

11 (D) any other purpose identified by the 

12 Administrator or the Interagency Ocean Ob13 serving Committee. 

14 (3) MEMBERS.— 

15 (A) IN GENERAL.—The System advisory 

16 committee shall be composed of members ap17 pointed by the Administrator. Members shall be 

18 qualified by education, training, and experience 

19 to evaluate scientific and technical information 

20 related to the design, operation, maintenance, 

21 or use of the System, or use of data products 

22 provided through the System. 

23 (B) TERMS OF SERVICE.—Members shall 

24 be appointed for 3-year terms, renewable once. 

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1 der of the unexpired term of the vacancy, and 

2 an individual so appointed may subsequently be 

3 appointed for 2 full 3-year terms if the remain4 der of the unexpired term is less than 1 year. 

5 (C) CHAIRPERSON.—The Administrator 

6 shall designate a chairperson from among the 

7 members of the System advisory committee. 

8 (D) APPOINTMENT.—Members of the Sys9 tem advisory committee shall be appointed as 

10 special Government employees for purposes of 

11 section 202(a) of title 18, United States Code. 

12 (4) ADMINISTRATIVE PROVISIONS.— 

13 (A) REPORTING.—The System advisory 

14 committee shall report to the Administrator and 

15 the Interagency Ocean Observing Committee, as 

16 appropriate. 

17 (B) ADMINISTRATIVE SUPPORT.—The Ad18 ministrator shall provide administrative support 

19 to the System advisory committee. 

20 (C) MEETINGS.—The System advisory 

21 committee shall meet at least once each year, 

22 and at other times at the call of the Adminis23 trator, the Interagency Ocean Observing Com24 mittee, or the chairperson. 


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1 (D) COMPENSATION AND EXPENSES.— 

2 Members of the System advisory committee 

3 shall not be compensated for service on that 

4 Committee, but may be allowed travel expenses, 

5 including per diem in lieu of subsistence, in ac6 cordance with subchapter I of chapter 57 of 

7 title 5, United States Code. 

8 (E) EXPIRATION.—Section 14 of the Fed9 eral Advisory Committee Act (5 U.S.C. App.) 

10 shall not apply to the System advisory com11 mittee. 

12 (e) CIVIL LIABILITY.—For purposes of determining 

13 liability arising from the dissemination and use of observa14 tion data gathered pursuant to this section, any non-Fed15 eral asset or regional information coordination entity in16 corporated into the System by contract, lease, grant, or 

17 cooperative agreement under subsection (c)(3)(D) that is 

18 participating in the System shall be considered to be part 

19 of the National Oceanic and Atmospheric Administration. 

20 Any employee of such a non-Federal asset or regional in21 formation coordination entity, while operating within the 

22 scope of his or her employment in carrying out the pur23 poses of this part, with respect to tort liability, is deemed 

24 to be an employee of the Federal Government. 


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1 (f) LIMITATION.—Nothing in this part shall be con2 strued to invalidate existing certifications, contracts, or 

3 agreements between regional information coordination en4 tities and other elements of the System. 

5 SEC. 5265. INTERAGENCY FINANCING AND AGREEMENTS. 

6 (a) IN GENERAL.—To carry out interagency activi7 ties under this part, the Secretary of Commerce may exe8 cute cooperative agreements, or any other agreements, 

9 with, and receive and expend funds made available by, any 

10 State or subdivision thereof, any Federal agency, or any 

11 public or private organization, or individual. 

12 (b) RECIPROCITY.—Member Departments and agen13 cies of the Council shall have the authority to create, sup14 port, and maintain joint centers, and to enter into and 

15 perform such contracts, leases, grants, and cooperative 

16 agreements as may be necessary to carry out the purposes 

17 of this part and fulfillment of the System Plan. 

18 SEC. 5266. APPLICATION WITH OTHER LAWS. 

19 Nothing in this part supersedes or limits the author20 ity of any agency to carry out its responsibilities and mis21 sions under other laws. 

22 SEC. 5267. REPORT TO CONGRESS. 

23 (a) REQUIREMENT.—Not later than 2 years after the 

24 date of the enactment of this Act and every 2 years there25 after, the Administrator shall prepare and the President 


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1 acting through the Council shall approve and transmit to 

2 the Congress a report on progress made in implementing 

3 this part. 

4 (b) CONTENTS.—The report shall include— 

5 (1) a description of activities carried out under 

6 this part and the System Plan; 

7 (2) an evaluation of the effectiveness of the 

8 System, including an evaluation of progress made by 

9 the Council to achieve the goals identified under the 

10 System Plan; 

11 (3) identification of Federal and non-Federal 

12 assets as determined by the Council that have been 

13 integrated into the System, including assets essential 

14 to the gathering of required observation data vari15 ables necessary to meet the respective missions of 

16 Council agencies; 

17 (4) a review of procurements, planned or initi18 ated, by each Council agency to enhance, expand, or 

19 modernize the observation capabilities and data 

20 products provided by the System, including data 

21 management and communication subsystems; 

22 (5) an assessment regarding activities to inte23 grate Federal and non-Federal assets, nationally and 

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1 ordination entities to coordinate regional observation 

2 operations; 

3 (6) a description of benefits of the program to 

4 users of data products resulting from the System 

5 (including the general public, industries, scientists, 

6 resource managers, emergency responders, policy 

7 makers, and educators); 

8 (7) recommendations concerning— 

9 (A) modifications to the System; and 

10 (B) funding levels for the System in subse11 quent fiscal years; and 

12 (8) the results of a periodic external inde13 pendent programmatic audit of the System. 

14 SEC. 5268. PUBLIC-PRIVATE USE POLICY. 

15 The Council shall develop a policy within 6 months 

16 after the date of the enactment of this Act that defines 

17 processes for making decisions about the roles of the Fed18 eral Government, the States, regional information coordi19 nation entities, the academic community, and the private 

20 sector in providing to end-user communities environmental 

21 information, products, technologies, and services related to 

22 the System. The Council shall publish the policy in the 

23 Federal Register for public comment for a period not less 

24 than 60 days. Nothing in this section shall be construed 


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1 to require changes in policy in effect on the date of enact2 ment of this Act. 

3 SEC. 5269. INDEPENDENT COST ESTIMATE. 

4 Within 1 year after the date of enactment of this Act, 

5 the Interagency Ocean Observation Committee, through 

6 the Administrator and the Director of the National 

7 Science Foundation, shall obtain an independent cost esti8 mate for operations and maintenance of existing Federal 

9 assets of the System, and planned or anticipated acquisi10 tion, operation, and maintenance of new Federal assets 

11 for the System, including operation facilities, observation 

12 equipment, modeling and software, data management and 

13 communication, and other essential components. The inde14 pendent cost estimate shall be transmitted unabridged and 

15 without revision by the Administrator to Congress. 

16 SEC. 5270. INTENT OF CONGRESS. 

17 It is the intent of Congress that funding provided to 

18 agencies of the Council to implement this part shall sup19 plement, and not replace, existing sources of funding for 

20 other programs. It is the further intent of Congress that 

21 agencies of the Council shall not enter into contracts or 

22 agreements for the development or procurement of new 

23 Federal assets for the System that are estimated to be 

24 in excess of $250,000,000 in life-cycle costs without first 


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1 providing adequate notice to Congress and opportunity for 

2 review and comment. 

3 SEC. 5271. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary of Commerce for fiscal years 2009 through 2013 

6 such sums as are necessary to fulfill the purposes of this 

7 part and support activities identified in the annual coordi8 nated System budget developed by the Interagency Ocean 

9 Observation Committee and submitted to the Congress. 

10 PART VI—FEDERAL OCEAN ACIDIFICATION 

11 RESEARCH AND MONITORING ACT OF 2008 

12 SEC. 5281. SHORT TITLE. 

13 This part may be cited as the ‘‘Federal Ocean Acidifi14 cation Research And Monitoring Act of 2008’’ or the 

15 ‘‘FOARAM Act’’. 

16 SEC. 5282. PURPOSES. 

17 (a) PURPOSES.—The purposes of this part are to pro18 vide for— 

19 (1) development and coordination of a com20 prehensive interagency plan to— 

21 (A) monitor and conduct research on the 

22 processes and consequences of ocean acidifica23 tion on marine organisms and ecosystems; and 

24 (B) establish an interagency research and 

25 monitoring program on ocean acidification; 


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1 (2) establishment of an ocean acidification pro2 gram within the National Oceanic and Atmospheric 

3 Administration; 

4 (3) assessment and consideration of regional 

5 and national ecosystem and socioeconomic impacts 

6 of increased ocean acidification; and 

7 (4) research adaptation strategies and tech8 niques for effectively conserving marine ecosystems 

9 as they cope with increased ocean acidification. 

10 SEC. 5283. DEFINITIONS. 

11 In this part: 

12 (1) OCEAN ACIDIFICATION.—The term ‘‘ocean 

13 acidification’’ means the decrease in pH of the 

14 Earth’s oceans and changes in ocean chemistry 

15 caused by chemical inputs from the atmosphere, in16 cluding carbon dioxide. 

17 (2) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Commerce, acting through the Ad19 ministrator of the National Oceanic and Atmos20 pheric Administration. 

21 (3) SUBCOMMITTEE.—The term ‘‘Sub22 committee’’ means the Joint Subcommittee on 

23 Ocean Science and Technology of the National 

24 Science and Technology Council. 


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1 SEC. 5284. INTERAGENCY SUBCOMMITTEE. 

2 (a) DESIGNATION.— 

3 (1) IN GENERAL.—The Joint Subcommittee on 

4 Ocean Science and Technology of the National 

5 Science and Technology Council shall coordinate 

6 Federal activities on ocean acidification and estab7 lish an interagency working group. 

8 (2) MEMBERSHIP.—The interagency working 

9 group on ocean acidification shall be comprised of 

10 senior representatives from the National Oceanic 

11 and Atmospheric Administration, the National 

12 Science Foundation, the National Aeronautics and 

13 Space Administration, the United States Geological 

14 Survey, the United States Fish and Wildlife Service, 

15 and such other Federal agencies as appropriate. 

16 (3) CHAIRMAN.—The interagency working 

17 group shall be chaired by the representative from 

18 the National Oceanic and Atmospheric Administra19 tion. 

20 (b) DUTIES.—The Subcommittee shall— 

21 (1) develop the strategic research and moni22 toring plan to guide Federal research on ocean acidi23 fication required under section 5285 of this part and 

24 oversee the implementation of the plan; 

25 (2) oversee the development of— 


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1 (A) an assessment of the potential impacts 

2 of ocean acidification on marine organisms and 

3 marine ecosystems; and 

4 (B) adaptation and mitigation strategies to 

5 conserve marine organisms and ecosystems ex6 posed to ocean acidification; 

7 (3) facilitate communication and outreach op8 portunities with nongovernmental organizations and 

9 members of the stakeholder community with inter10 ests in marine resources; 

11 (4) coordinate the United States Federal re12 search and monitoring program with research and 

13 monitoring programs and scientists from other na14 tions; and 

15 (5) establish or designate an Ocean Acidifica16 tion Information Exchange to make information on 

17 ocean acidification developed through or utilized by 

18 the interagency ocean acidification program acces19 sible through electronic means, including informa20 tion which would be useful to policymakers, re21 searchers, and other stakeholders in mitigating or 

22 adapting to the impacts of ocean acidification. 

23 (c) REPORTS TO CONGRESS.— 

24 (1) INITIAL REPORT.—Not later than 1 year 

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1 committee shall transmit a report to the Committee 

2 on Commerce, Science, and Transportation of the 

3 Senate and the Committee on Science and Tech4 nology and the Committee on Natural Resources of 

5 the House of Representatives that— 

6 (A) includes a summary of federally fund7 ed ocean acidification research and monitoring 

8 activities, including the budget for each of these 

9 activities; and 

10 (B) describes the progress in developing 

11 the plan required under section 5285 of this 

12 part. 

13 (2) BIENNIAL REPORT.—Not later than 2 years 

14 after the delivery of the initial report under para15 graph (1) and every 2 years thereafter, the Sub16 committee shall transmit a report to the Committee 

17 on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Science and Tech19 nology and the Committee on Natural Resources of 

20 the House of Representatives that includes— 

21 (A) a summary of federally funded ocean 

22 acidification research and monitoring activities, 

23 including the budget for each of these activities; 

24 and 


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1 (B) an analysis of the progress made to2 ward achieving the goals and priorities for the 

3 interagency research plan developed by the Sub4 committee under section 5285. 

5 (3) STRATEGIC RESEARCH PLAN.—Not later 

6 than 2 years after the date of enactment of this Act, 

7 the Subcommittee shall transmit the strategic re8 search plan developed under section 5285 to the 

9 Committee on Commerce, Science, and Transpor10 tation of the Senate and the Committee on Science 

11 and Technology and the Committee on Natural Re12 sources of the House of Representatives. A revised 

13 plan shall be submitted at least once every 5 years 

14 thereafter. 

15 SEC. 5285. STRATEGIC RESEARCH PLAN. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Subcommittee shall de18 velop a strategic plan for Federal research and monitoring 

19 on ocean acidification that will provide for an assessment 

20 of the impacts of ocean acidification on marine organisms 

21 and marine ecosystems and the development of adaptation 

22 and mitigation strategies to conserve marine organisms 

23 and marine ecosystems. In developing the plan, the Sub24 committee shall consider and use information, reports, and 

25 studies of ocean acidification that have identified research 


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1 and monitoring needed to better understand ocean acidifi2 cation and its potential impacts, and recommendations 

3 made by the National Academy of Sciences in the review 

4 of the plan required under subsection (d). 

5 (b) CONTENTS OF THE PLAN.—The plan shall— 

6 (1) provide for interdisciplinary research among 

7 the ocean sciences, and coordinated research and ac8 tivities to improve the understanding of ocean chem9 istry that will affect marine ecosystems; 

10 (2) establish, for the 10-year period beginning 

11 in the year the plan is submitted, the goals and pri12 orities for Federal research and monitoring which 

13 will— 

14 (A) advance understanding of ocean acidi15 fication and its physical, chemical, and biologi16 cal impacts on marine organisms and marine 

17 ecosystems; 

18 (B) improve the ability to assess the socio19 economic impacts of ocean acidification; and 

20 (C) provide information for the develop21 ment of adaptation and mitigation strategies to 

22 conserve marine organisms and marine eco23 systems; 

24 (3) describe specific activities, including— 

25 (A) efforts to determine user needs; 


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1 (B) research activities; 

2 (C) monitoring activities; 

3 (D) technology and methods development; 

4 (E) data collection; 

5 (F) database development; 

6 (G) modeling activities; 

7 (H) assessment of ocean acidification im8 pacts; and 

9 (I) participation in international research 

10 efforts; 

11 (4) identify relevant programs and activities of 

12 the Federal agencies that contribute to the inter13 agency program directly and indirectly and set forth 

14 the role of each Federal agency in implementing the 

15 plan; 

16 (5) consider and utilize, as appropriate, reports 

17 and studies conducted by Federal agencies, the Na18 tional Research Council, or other entities; 

19 (6) make recommendations for the coordination 

20 of the ocean acidification research and monitoring 

21 activities of the United States with such activities of 

22 other nations and international organizations; 

23 (7) outline budget requirements for Federal 

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1 sessment activities to be conducted by each agency 

2 under the plan; 

3 (8) identify the monitoring systems and sam4 pling programs currently employed in collecting data 

5 relevant to ocean acidification and prioritize addi6 tional monitoring systems that may be needed to en7 sure adequate data collection and monitoring of 

8 ocean acidification and its impacts; and 

9 (9) describe specific activities designed to facili10 tate outreach and data and information exchange 

11 with stakeholder communities. 

12 (c) PROGRAM ELEMENTS.—The plan shall include at 

13 a minimum the following program elements: 

14 (1) Monitoring of ocean chemistry and biologi15 cal impacts associated with ocean acidification at se16 lected coastal and open-ocean monitoring stations, 

17 including satellite-based monitoring to charac18 terize— 

19 (A) marine ecosystems; 

20 (B) changes in marine productivity; and 

21 (C) changes in surface ocean chemistry. 

22 (2) Research to understand the species specific 

23 physiological responses of marine organisms to ocean 

24 acidification, impacts on marine food webs of ocean 

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1 logical indices that track marine ecosystem re2 sponses to ocean acidification. 

3 (3) Modeling to predict changes in the ocean 

4 carbon cycle as a function of carbon dioxide and at5 mosphere-induced changes in temperature, ocean cir6 culation, biogeochemistry, ecosystem and terrestrial 

7 input, and modeling to determine impacts on marine 

8 ecosystems and individual marine organisms. 

9 (4) Technology development and standardiza10 tion of carbonate chemistry measurements on moor11 ings and autonomous floats. 

12 (5) Assessment of socioeconomic impacts of 

13 ocean acidification and development of adaptation 

14 and mitigation strategies to conserve marine orga15 nisms and marine ecosystems. 

16 (d) NATIONAL ACADEMY OF SCIENCES EVALUA17 TION.—The Secretary shall enter into an agreement with 

18 the National Academy of Sciences to review the plan. 

19 (e) PUBLIC PARTICIPATION.—In developing the plan, 

20 the Subcommittee shall consult with representatives of 

21 academic, State, industry and environmental groups. Not 

22 later than 90 days before the plan, or any revision thereof, 

23 is submitted to the Congress, the plan shall be published 

24 in the Federal Register for a public comment period of 

25 not less than 60 days. 


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1 SEC. 5286. NOAA OCEAN ACIDIFICATION ACTIVITIES. 

2 (a) IN GENERAL.—The Secretary shall establish and 

3 maintain an ocean acidification program within the Na4 tional Oceanic and Atmospheric Administration to conduct 

5 research, monitoring, and other activities consistent with 

6 the strategic research and implementation plan developed 

7 by the Subcommittee under section 5285 that— 

8 (1) includes— 

9 (A) interdisciplinary research among the 

10 ocean and atmospheric sciences, and coordi11 nated research and activities to improve under12 standing of ocean acidification; 

13 (B) the establishment of a long-term moni14 toring program of ocean acidification utilizing 

15 existing global and national ocean observing as16 sets, and adding instrumentation and sampling 

17 stations as appropriate to the aims of the re18 search program; 

19 (C) research to identify and develop adap20 tation strategies and techniques for effectively 

21 conserving marine ecosystems as they cope with 

22 increased ocean acidification; 

23 (D) as an integral part of the research 

24 programs described in this part, educational op25 portunities that encourage an interdisciplinary 


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1 and international approach to exploring the im2 pacts of ocean acidification; 

3 (E) as an integral part of the research pro4 grams described in this part, national public 

5 outreach activities to improve the under6 standing of current scientific knowledge of 

7 ocean acidification and its impacts on marine 

8 resources; and 

9 (F) coordination of ocean acidification 

10 monitoring and impacts research with other ap11 propriate international ocean science bodies 

12 such as the International Oceanographic Com13 mission, the International Council for the Ex14 ploration of the Sea, the North Pacific Marine 

15 Science Organization, and others; 

16 (2) provides grants for critical research projects 

17 that explore the effects of ocean acidification on eco18 systems and the socioeconomic impacts of increased 

19 ocean acidification that are relevant to the goals and 

20 priorities of the strategic research plan; and 

21 (3) incorporates a competitive merit-based proc22 ess for awarding grants that may be conducted 

23 jointly with other participating agencies or under the 

24 National Oceanographic Partnership Program under 

25 section 7901 of title 10, United States Code. 


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1 (b) ADDITIONAL AUTHORITY.—In conducting the 

2 Program, the Secretary may enter into and perform such 

3 contracts, leases, grants, or cooperative agreements as 

4 may be necessary to carry out the purposes of this part 

5 on such terms as the Secretary considers appropriate. 

6 SEC. 5287. NSF OCEAN ACIDIFICATION ACTIVITIES. 

7 (a) RESEARCH ACTIVITIES.—The Director of the Na8 tional Science Foundation shall continue to carry out re9 search activities on ocean acidification which shall support 

10 competitive, merit-based, peer-reviewed proposals for re11 search and monitoring of ocean acidification and its im12 pacts, including— 

13 (1) impacts on marine organisms and marine 

14 ecosystems; 

15 (2) impacts on ocean, coastal, and estuarine 

16 biogeochemistry; and 

17 (3) the development of methodologies and tech18 nologies to evaluate ocean acidification and its im19 pacts. 

20 (b) CONSISTENCY.—The research activities shall be 

21 consistent with the strategic research plan developed by 

22 the Subcommittee under section 5285. 

23 (c) COORDINATION.—The Director shall encourage 

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1 ties with such activities of other nations and international 

2 organizations. 

3 SEC. 5288. NASA OCEAN ACIDIFICATION ACTIVITIES. 

4 (a) OCEAN ACIDIFICATION ACTIVITIES.—The Ad5 ministrator of the National Aeronautics and Space Admin6 istration, in coordination with other relevant agencies, 

7 shall ensure that space-based monitoring assets are used 

8 in as productive a manner as possible for monitoring of 

9 ocean acidification and its impacts. 

10 (b) PROGRAM CONSISTENCY.—The Administrator 

11 shall ensure that the Agency’s research and monitoring 

12 activities on ocean acidification are carried out in a man13 ner consistent with the strategic research plan developed 

14 by the Subcommittee under section 5285. 

15 (c) COORDINATION.—The Administrator shall en16 courage coordination of the Agency’s ocean acidification 

17 activities with such activities of other nations and inter18 national organizations. 

19 SEC. 5289. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) NOAA.—There are authorized to be appropriated 

21 to the National Oceanic and Atmospheric Administration 

22 to carry out the purposes of this part— 

23 (1) $8,000,000 for fiscal year 2009; 

24 (2) $12,000,000 for fiscal year 2010; 

25 (3) $15,000,000 for fiscal year 2011; and 


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1 (4) $20,000,000 for fiscal year 2012. 

2 (b) NSF.—There are authorized to be appropriated 

3 to the National Science Foundation to carry out the pur4 poses of this part— 

5 (1) $6,000,000 for fiscal year 2009; 

6 (2) $8,000,000 for fiscal year 2010; 

7 (3) $12,000,000 for fiscal year 2011; and 

8 (4) $15,000,000 for fiscal year 2012. 

9 TITLE VI—HOMELAND SECURITY 

10 AND GOVERNMENTAL AF11 FAIRS PROVISIONS 

12 Subtitle A—National Capital Trans13 portation Amendments Act of 

14 2008 

15 SEC. 6101. SHORT TITLE; FINDINGS. 

16 (a) SHORT TITLE.—This subtitle may be cited as the 

17 ‘‘National Capital Transportation Amendments Act of 

18 2008’’. 

19 (b) FINDINGS.—Congress finds as follows: 

20 (1) Metro, the public transit system of the 

21 Washington metropolitan area, is essential for the 

22 continued and effective performance of the functions 

23 of the Federal Government, and for the orderly 

24 movement of people during major events and times 

25 of regional or national emergency. 


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1 (2) On 3 occasions, Congress has authorized 

2 appropriations for the construction and capital im3 provement needs of the Metrorail system. 

4 (3) Additional funding is required to protect 

5 these previous Federal investments and ensure the 

6 continued functionality and viability of the original 

7 103-mile Metrorail system. 

8 SEC. 6102. AUTHORIZATION FOR CAPITAL AND PREVEN9 TIVE MAINTENANCE PROJECTS FOR WASH10 INGTON METROPOLITAN AREA TRANSIT AU11 THORITY. 

12 (a) AUTHORIZATION.— 

13 (1) IN GENERAL.—Subject to the succeeding 

14 provisions of this section, the Secretary of Transpor15 tation is authorized to make grants to the Transit 

16 Authority, in addition to the contributions author17 ized under sections 3, 14, and 17 of the National 

18 Capital Transportation Act of 1969 (sec. 9— 

19 1101.01 et seq., D.C. Official Code), for the purpose 

20 of financing in part the capital and preventive main21 tenance projects included in the Capital Improve22 ment Program approved by the Board of Directors 

23 of the Transit Authority. 

24 (2) DEFINITIONS.—In this section— 


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1 (A) the term ‘‘Transit Authority’’ means 

2 the Washington Metropolitan Area Transit Au3 thority established under Article III of the 

4 Compact; and 

5 (B) the term ‘‘Compact’’ means the Wash6 ington Metropolitan Area Transit Authority 

7 Compact (80 Stat. 1324; Public Law 89—774). 

8 (b) USE OF FUNDS.—The Federal grants made pur9 suant to the authorization under this section shall be sub10 ject to the following limitations and conditions: 

11 (1) The work for which such Federal grants are 

12 authorized shall be subject to the provisions of the 

13 Compact (consistent with the amendments to the 

14 Compact described in subsection (d)). 

15 (2) Each such Federal grant shall be for 50 

16 percent of the net project cost of the project in17 volved, and shall be provided in cash from sources 

18 other than Federal funds or revenues from the oper19 ation of public mass transportation systems. Con20 sistent with the terms of the amendment to the 

21 Compact described in subsection (d)(1), any funds 

22 so provided shall be solely from undistributed cash 

23 surpluses, replacement or depreciation funds or re24 serves available in cash, or new capital. 


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1 (3) Such Federal grants may be used only for 

2 the maintenance and upkeep of the systems of the 

3 Transit Authority as of the date of the enactment of 

4 this Act and may not be used to increase the mile5 age of the rail system. 

6 (c) APPLICABILITY OF REQUIREMENTS FOR MASS

7 TRANSPORTATION CAPITAL PROJECTS RECEIVING FUNDS

8 UNDER FEDERAL TRANSPORTATION LAW.—Except as 

9 specifically provided in this section, the use of any 

10 amounts appropriated pursuant to the authorization under 

11 this section shall be subject to the requirements applicable 

12 to capital projects for which funds are provided under 

13 chapter 53 of title 49, United States Code, except to the 

14 extent that the Secretary of Transportation determines 

15 that the requirements are inconsistent with the purposes 

16 of this section. 

17 (d) AMENDMENTS TO COMPACT.—No amounts may 

18 be provided to the Transit Authority pursuant to the au19 thorization under this section until the Transit Authority 

20 notifies the Secretary of Transportation that each of the 

21 following amendments to the Compact (and any further 

22 amendments which may be required to implement such 

23 amendments) have taken effect: 

24 (1)(A) An amendment requiring that all pay25 ments by the local signatory governments for the 


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1 Transit Authority for the purpose of matching any 

2 Federal funds appropriated in any given year au3 thorized under subsection (a) for the cost of oper4 ating and maintaining the adopted regional system 

5 are made from amounts derived from dedicated 

6 funding sources. 

7 (B) For purposes of this paragraph, the term 

8 ‘‘dedicated funding source’’ means any source of 

9 funding which is earmarked or required under State 

10 or local law to be used to match Federal appropria11 tions authorized under this subtitle for payments to 

12 the Transit Authority. 

13 (2) An amendment establishing an Office of the 

14 Inspector General of the Transit Authority. 

15 (3) An amendment expanding the Board of Di16 rectors of the Transit Authority to include 4 addi17 tional Directors appointed by the Administrator of 

18 General Services, of whom 2 shall be nonvoting and 

19 2 shall be voting, and requiring one of the voting 

20 members so appointed to be a regular passenger and 

21 customer of the bus or rail service of the Transit 

22 Authority. 

23 (e) ACCESS TO WIRELESS SERVICE IN METRORAIL

24 SYSTEM.— 


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1 (1) REQUIRING TRANSIT AUTHORITY TO PRO2 VIDE ACCESS TO SERVICE.—No amounts may be 

3 provided to the Transit Authority pursuant to the 

4 authorization under this section unless the Transit 

5 Authority ensures that customers of the rail service 

6 of the Transit Authority have access within the rail 

7 system to services provided by any licensed wireless 

8 provider that notifies the Transit Authority (in ac9 cordance with such procedures as the Transit Au10 thority may adopt) of its intent to offer service to 

11 the public, in accordance with the following time12 table: 

13 (A) Not later than 1 year after the date of 

14 the enactment of this Act, in the 20 under15 ground rail station platforms with the highest 

16 volume of passenger traffic. 

17 (B) Not later than 4 years after such date, 

18 throughout the rail system. 

19 (2) ACCESS OF WIRELESS PROVIDERS TO SYS20 TEM FOR UPGRADES AND MAINTENANCE.—No 

21 amounts may be provided to the Transit Authority 

22 pursuant to the authorization under this section un23 less the Transit Authority ensures that each licensed 

24 wireless provider who provides service to the public 

25 within the rail system pursuant to paragraph (1) has 


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1 access to the system on an ongoing basis (subject to 

2 such restrictions as the Transit Authority may im3 pose to ensure that such access will not unduly im4 pact rail operations or threaten the safety of cus5 tomers or employees of the rail system) to carry out 

6 emergency repairs, routine maintenance, and up7 grades to the service. 

8 (3) PERMITTING REASONABLE AND CUSTOMARY

9 CHARGES.—Nothing in this subsection may be con10 strued to prohibit the Transit Authority from requir11 ing a licensed wireless provider to pay reasonable 

12 and customary charges for access granted under this 

13 subsection. 

14 (4) REPORTS.—Not later than 1 year after the 

15 date of the enactment of this Act, and each of the 

16 3 years thereafter, the Transit Authority shall sub17 mit to the Committee on Oversight and Government 

18 Reform of the House of Representatives and the 

19 Committee on Homeland Security and Governmental 

20 Affairs of the Senate a report on the implementation 

21 of this subsection. 

22 (5) DEFINITION.—In this subsection, the term 

23 ‘‘licensed wireless provider’’ means any provider of 

24 wireless services who is operating pursuant to a FedVerDate Aug 31 2005 01:33 Jul 24, 2008 Jkt 069200 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S3297.PCS S3297

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1 eral license to offer such services to the public for 

2 profit. 

3 (f) AMOUNT.—There are authorized to be appro4 priated to the Secretary of Transportation for grants 

5 under this section an aggregate amount not to exceed 

6 $1,500,000,000 to be available in increments over 10 fis7 cal years beginning in fiscal year 2009, or until expended. 

8 (g) AVAILABILITY.—Amounts appropriated pursuant 

9 to the authorization under this section shall remain avail10 able until expended. 

11 Subtitle B—Preservation of 

12 Records of Servitude, Emanci13 pation, and Post-Civil War Re14 construction Act 

15 SEC. 6201. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Preservation of 

17 Records of Servitude, Emancipation, and Post-Civil War 

18 Reconstruction Act’’. 

19 SEC. 6202. ESTABLISHMENT OF NATIONAL DATABASE. 

20 (a) IN GENERAL.—The Archivist of the United 

21 States shall preserve relevant records and establish, as 

22 part of the National Archives, an electronically searchable 

23 national database consisting of historic records of ser24 vitude, emancipation, and post-Civil War reconstruction, 

25 including Refugees, Freedman and Abandoned Lands 


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1 Records, the Southern Claims Commission Records, 

2 Records of the Freedmen’s Bank, Slave Impressments 

3 Records, Slave Payroll Records, Slave Manifest, and oth4 ers, contained within the agencies and departments of the 

5 Federal Government to assist African Americans and oth6 ers in conducting genealogical and historical research. 

7 (b) MAINTENANCE.—The database established under 

8 this section shall be maintained by the National Archives 

9 or an entity within the National Archives designated by 

10 the Archivist. 

11 SEC. 6203. GRANTS FOR ESTABLISHMENT OF STATE AND 

12 LOCAL DATABASES. 

13 (a) IN GENERAL.—The National Historical Publica14 tions and Records Commission of the National Archives 

15 shall provide grants to States, colleges and universities, 

16 museums, libraries, and genealogical associations to pre17 serve records and establish electronically searchable data18 bases consisting of local records of servitude, emanci19 pation, and post-Civil War reconstruction. 

20 (b) MAINTENANCE.—The databases established using 

21 grants provided under this section shall be maintained by 

22 appropriate agencies or institutions designated by the Na23 tional Historical Publications and Records Commission. 

24 SEC. 6204. AUTHORIZATION OF APPROPRIATIONS. 

25 There are authorized to be appropriated— 


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1 (1) $5,000,000 to implement section 6202; and 

2 (2) $5,000,000 to provide grants under section 

3 6203. 

4 Subtitle C—Predisaster Hazard 

5 Mitigation Act of 2008 

6 SEC. 6301. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Predisaster Haz8 ard Mitigation Act of 2008’’. 

9 SEC. 6302. PREDISASTER HAZARD MITIGATION. 

10 (a) ALLOCATION OF FUNDS.—Section 203(f) of the 

11 Robert T. Stafford Disaster Relief and Emergency Assist12 ance Act (42 U.S.C. 5133(f)) is amended to read as fol13 lows: 

14 ‘‘(f) ALLOCATION OF FUNDS.— 

15 ‘‘(1) IN GENERAL.—The President shall award 

16 financial assistance under this section on a competi17 tive basis and in accordance with the criteria in sub18 section (g). 

19 ‘‘(2) MINIMUM AND MAXIMUM AMOUNTS.—In 

20 providing financial assistance under this section, the 

21 President shall ensure that the amount of financial 

22 assistance made available to a State (including 

23 amounts made available to local governments of the 

24 State) for a fiscal year— 

25 ‘‘(A) is not less than the lesser of— 


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1 ‘‘(i) $575,000; or 

2 ‘‘(ii) the amount that is equal to 1 

3 percent of the total funds appropriated to 

4 carry out this section for the fiscal year; 

5 and 

6 ‘‘(B) does not exceed the amount that is 

7 equal to 15 percent of the total funds appro8 priated to carry out this section for the fiscal 

9 year.’’. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 203(m) of the Robert T. Stafford Disaster Relief and 

12 Emergency Assistance Act (42 U.S.C. 5133(m)) is amend13 ed to read as follows: 

14 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this sec16 tion— 

17 ‘‘(1) $210,000,000 for fiscal year 2009; 

18 ‘‘(2) $230,000,000 for fiscal year 2010; and 

19 ‘‘(3) $250,000,000 for fiscal year 2011.’’. 

20 SEC. 6303. FLOOD CONTROL PROJECTS. 

21 (a) DEFINITIONS.—In this section— 

22 (1) the term ‘‘Administrator’’ means the Ad23 ministrator of the Federal Emergency Management 

24 Agency; and 

25 (2) the term ‘‘flood control project’’— 


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1 (A) means a project relating to the repair 

2 or rehabilitation of a levee the construction of 

3 which has been completed before the date of en4 actment of this Act that is— 

5 (i) Federally constructed; or 

6 (ii) a non-Federal levee the owners of 

7 which are participating in the emergency 

8 response to natural disasters program es9 tablished under section 5 of the Act enti10 tled ‘‘An Act authorizing the construction 

11 of certain public works on rivers and har12 bors for flood control, and for other pur13 poses’’, approved August 18, 1941 (33 

14 U.S.C. 701n); and 

15 (B) does not include any project the main16 tenance of which is the responsibility of a Fed17 eral department or agency, including the Corps 

18 of Engineers. 

19 (b) REVIEW.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, the Adminis22 trator shall review the guidance issued by the Fed23 eral Emergency Management Agency relating to the 

24 eligibility of flood control projects under the 

25 predisaster mitigation program under section 203 of 


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1 the Robert T. Stafford Disaster Relief and Emer2 gency Assistance Act (42 U.S.C. 5133). 

3 (2) CONTENTS.—As part of the review under 

4 this subsection, the Administrator shall— 

5 (A) request proposals for potential flood 

6 control projects from not less than 5 States in 

7 which the President declared a major disaster 

8 (as that term is defined in section 102 of the 

9 Robert T. Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 5122)) relat11 ing to flooding during the 1-year period ending 

12 on the date of enactment of this Act; 

13 (B) develop additional criteria for selection 

14 of States under subparagraph (A), which shall 

15 be reviewed by the Government Accountability 

16 Office; 

17 (C) evaluate the cost-effectiveness of pro18 posals received under subparagraph (A); and 

19 (D) review the report by the Committee on 

20 Levee Safety required under section 9003(c)(2) 

21 of the Water Resources Development Act of 

22 2007 (33 U.S.C. 3302(c)(2)). 

23 (c) REPORTS.— 

24 (1) IN GENERAL.—Not later than 30 days after 

25 the date on which the Administrator completes the 


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1 review required under subsection (b)(1), the Admin2 istrator shall submit to the Committee on Homeland 

3 Security and Governmental Affairs of the Senate 

4 and the Committee on Transportation and Infra5 structure of the House of Representatives a report 

6 describing the results of the review under subsection 

7 (b)(1) of the suitability of using funds under the 

8 predisaster mitigation program for flood control 

9 projects, including any recommendations for changes 

10 to the administrative guidance of the Federal Emer11 gency Management Agency. 

12 (2) GAO REPORT.—Not later than 240 days 

13 after the date of enactment of this Act, the Comp14 troller General of the United States shall submit to 

15 the Committee on Homeland Security and Govern16 mental Affairs of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives a report assessing the criteria devel19 oped by the Administrator under subsection 

20 (b)(2)(B). 

21 (d) PILOT PROJECT.— 

22 (1) IN GENERAL.—After the Administrator 

23 completes the review required under subsection 

24 (b)(1), the Administrator may make grants for not 

25 more than 5 flood control projects during fiscal year 


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1 2010, selected from among proposals submitted to 

2 the Administrator in response to the request under 

3 subsection (b)(2)(A). The selection of projects under 

4 this subsection by the Administrator shall be con5 sistent with section 203(f) of the Robert T. Stafford 

6 Disaster Relief and Emergency Assistance Act, as 

7 amended by this Act. 

8 (2) OTHER CRITERIA.—The projects selected 

9 under this subsection shall meet the criteria under 

10 subsections (b), (e), and (g) of section 203 of the 

11 Robert T. Stafford Disaster Relief and Emergency 

12 Assistance Act (42 U.S.C. 5133). 

13 SEC. 6304. TECHNICAL AND CONFORMING AMENDMENTS. 

14 The Robert T. Stafford Disaster Relief and Emer15 gency Assistance Act (42 U.S.C. 5121 et seq.) is amend16 ed— 

17 (1) in section 602(a), by striking paragraph (7) 

18 and inserting the following: 

19 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis20 trator’ means the Administrator of the Federal 

21 Emergency Management Agency.’’; and 

22 (2) by striking ‘‘Director’’ each place it appears 

23 and inserting ‘‘Administrator’’, except— 

24 (A) the second and fourth place it appears 

25 in section 622(c); 


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1 (B) in section 622(d); and 

2 (C) in section 626(b). 

3 TITLE VII—RULES AND 

4 ADMINISTRATION PROVISIONS 

5 SEC. 7001. CONSTRUCTION OF GREENHOUSE FACILITY. 

6 (a) IN GENERAL.—The Board of Regents of the 

7 Smithsonian Institution is authorized to construct a 

8 greenhouse facility at its museum support facility in 

9 Suitland, Maryland, to maintain the horticultural oper10 ations of, and preserve the orchid collection held in trust 

11 by, the Smithsonian Institution. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated $12,000,000 to carry out 

14 this section. Such sums shall remain available until ex15 pended. 


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Calendar No. 894 

110TH CONGRESS 

2D SESSION S. 3297 

A BILL 

To advance America’s priorities. 

JULY 23, 2008 

Read the second time and placed on the calendar 


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