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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Prepare, Ready, Equip, and Prevent
Areas at Risk of Emergency Wildfires Act of 2015'' or the ''PREPARE Act
of 2015''.

SEC. 2. WILDFIRE MITIGATION.

Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after
section 203 the following:

''SEC. 203A. WILDFIRE MITIGATION.

''(a) Definitions.--In this section--
''(1) the term 'Administrator' means the Administrator of
the Federal Emergency Management Agency;
''(2) the term 'community wildfire protection plan' has the
meaning given the term in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511);
''(3) the term 'eligible recipient' means a State or an
Indian tribal government;
''(4) the term 'local multi-hazard mitigation plan' means a
mitigation plan developed by a local government under section
322(b) that addresses wildfire mitigation;
''(5) the term 'State mitigation plan' means a mitigation
plan developed by a State under section 322(c) that addresses
wildfire mitigation; and
''(6) the term 'tribal mitigation plan' means a mitigation
plan developed by a tribal government under section 322(b) that
addresses wildfire mitigation.
''(b) Establishment of Wildfire Mitigation Grant Program.--The
President, acting through the Administrator, shall establish a pilot
program to make grants to eligible recipients for wildfire mitigation.
''(c) Use of Funds.--A grant under this section may be used by an
eligible recipient--
''(1) to reduce the hazardous fuel load by reducing the use
of fuels that may contribute to catastrophic wildfires in high-
risk areas;
''(2) to invest in personnel and organizations to conduct
wildfire mitigation;
''(3) to invest in vehicles and other equipment to conduct
wildfire mitigation;
''(4) to mitigate against damage from runoff into waterways
and floods caused by erosion from wildfires;
''(5) to build essential community collaboration and
outline the necessary groundwork systems in anticipation of
future fires; and
''(6) at the discretion of the Governor of a State or the
Chief Executive of an Indian tribal government, and in
consultation with the Administrator, for any other wildfire
mitigation activities in the State or area under the
jurisdiction of the Indian tribal government, as applicable,
unless otherwise prohibited by law.
''(d) Eligibility for Assistance.--
''(1) In general.--
''(A) Eligibility.--An eligible recipient shall be
eligible for assistance under this section if the
section 420 grant ratio for the eligible recipient is
equal to or greater than 125 percent of the population
ratio of the eligible recipient.
''(B) Ratios.--For purposes of subparagraph (A)--
''(i) the section 420 grant ratio shall be
equal to the quotient of--
''(I) the number of declarations
for a grant under section 420 received
by the eligible recipient during the 10
years prior to the date on which an
application for assistance is submitted
under this section, divided by
''(II) the total number of
declarations for a grant under section
420 in the United States during the 10
years prior to the date on which an
application for assistance is submitted
under this section; and
''(ii) the population ratio of the eligible
recipient shall be equal to the quotient of--
''(I) the population of the State
or the area under the jurisdiction of
the Indian tribal government, as
applicable, based on the most recent
data available from the Bureau of the
Census on the date on which an
application for assistance is submitted
under this section, divided by
''(II) the population of the United
States, based on the most recent data
available from the Bureau of the Census
on the date on which an application for
assistance is submitted under this
section.
''(2) Waiver.--The President may waive the requirement of
paragraph (1) if an eligible recipient--
''(A) files a petition for waiver of the
requirement of paragraph (1); and
''(B) demonstrates that significant environmental
changes or shifts in forest health put the eligible
recipient at an elevated risk for catastrophic
wildfires, as determined by the President.
''(3) Local assistance.--The Governor of a State may award
funds received under this section, to be used solely for the
purposes set forth under subsection (c), to--
''(A) any county or municipality in that State with
a community wildfire protection plan or a local multi-
hazard mitigation plan;
''(B) any Indian tribal government in that State
with a tribal mitigation plan; or
''(C) any other entity that is explicitly
referenced in and central to, in the determination of
the Governor, the design of a community wildfire
protection plan or a local multi-hazard mitigation
plan.
''(e) Criteria for Assistance.--In determining whether to award a
grant to an eligible recipient under this section, the President
shall--
''(1) give preference to--
''(A) an eligible recipient with a high level of
need for assistance based on the best scientific data
available;
''(B) an eligible recipient that previously
received a grant under this section and effectively
used the Federal funds for wildfire mitigation
activities in the State or area under the jurisdiction
of the Indian tribal government, as applicable, as
determined by the President; and
''(2) consider environmental conditions in a State or an
area under the jurisdiction of an Indian tribal government, as
applicable, including environmental changes, deteriorating
forest health, and overall wildfire risk.
''(f) Application for Assistance.--
''(1) In general.--To request a grant under this section,
an eligible recipient shall submit an application to the
Administrator in such form, in such manner, and containing such
information as the Administrator may reasonably require.
''(2) Contents.--In addition to any other requirements that
may be specified by the Administrator, an eligible recipient
submitting an application for a grant under this section shall
demonstrate that--
''(A) in the case of an eligible recipient that is
a State--
''(i) the State has a State mitigation
plan;
''(ii) the State shall provide matching
non-Federal funds equal to not less than 25
percent of the amount of Federal funds made
available under this subsection;
''(iii) a county or municipality that may
receive funds from the grant has a community
wildfire protection plan or a local multi-
hazard mitigation plan; and
''(iv) an Indian tribal government that may
receive funds from the grant has a tribal
mitigation plan; and
''(B) in the case of an eligible recipient that is
an Indian tribal government--
''(i) the Indian tribal government has a
tribal mitigation plan; and
''(ii) the Indian tribal government shall--
''(I) provide matching non-Federal
funds equal to not less than 25 percent
of the amount of Federal funds made
available under this subsection; or
''(II) if the Indian tribal
government is a small impoverished
community, as defined in section
203(a), provide non-matching Federal
funds equal to not less than 10 percent
of the amount of Federal funds made
available under this subsection.
''(g) Report.--Not later than 1 year after the date of receipt of a
grant under this section, the recipient shall submit to the
Administrator a report, which shall be made publically available, on
the use of funds made available under the grant.
''(h) Funding for Assistance.--
''(1) Predisaster mitigation fund.--Subject to the
availability of funds in the National Predisaster Mitigation
Fund established under section 203(i), the Administrator shall
use not less than $20,000,000 and not more than $30,000,000
from unobligated amounts in the National Predisaster Mitigation
Fund for each of fiscal years 2016 through 2021 in carrying out
this section.
''(2) Rule of construction.--Nothing in this section shall
be construed to increase the amount of appropriations
authorized for the Department of Homeland Security in any given
fiscal year.''.

SEC. 3. WILDFIRE MITIGATION ASSISTANCE.

(a) In General.--Section 420 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5187) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
''(d) Hazard Mitigation Assistance.--Whether or not a major
disaster is declared, the President may provide hazard mitigation
assistance in accordance with section 404 in any area affected by a
fire for which assistance was provided under this section.''.
(b) Conforming Amendments.--The Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(1) in section 404(a) (42 U.S.C. 5170c(a))--
(A) by inserting before the first period '', or any
area in which assistance was provided under section
420''; and
(B) in the third sentence, by inserting ''or event
under section 420'' after ''major disaster'' each place
that term appears; and
(2) in section 322 (e)(1) (42 U.S.C. 5165(e)(1)), by
inserting ''or event under section 420'' after ''major
disaster'' each place that term appears.

SEC. 4. FACTORS TO CONSIDER FOR MAJOR DISASTER DECLARATION.

Not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Emergency Management Agency shall amend
subsection (a) of section 206.48 of title 44, Code of Federal
Regulations, to require the Federal Emergency Management Agency to
consider, in evaluating a Governor's request for major disaster
assistance under the Public Assistance Program, whether--
(1) post-fire flooding occurred within 5 years, and as a
result, of a single wildfire event in the State; and
(2) the State received fire management assistance under
section 420 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5187) related to the major
disaster for which the Governor is requesting assistance under
the Public Assistance Program.

SEC. 5. POST-FIRE FUNDING GUIDE.

(a) Creation and Distribution.--Not later than 1 year after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall create and make publically available
a post-fire recovery funding and resource guide for local communities.
(b) Involvement by Local Leaders.--The Administrator of the Federal
Emergency Management Agency shall create the guide under subsection (a)
in collaboration with local leaders who have experienced wildfires in
their communities and who understand the requirements for the use of
Federal disaster funds.
(c) Updates.--The Administrator of the Federal Emergency Management
Agency shall update the guide under subsection (a) as programs and
resources change.
Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2015 or the PREPARE Act of 2015 Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to establish a pilot program to make grants to states or Indian tribal governments for wildfire mitigation. Permits a grant to be used: (1) to reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) to invest in personnel, organizations, vehicles, and other equipment to conduct wildfire mitigation; (3) to mitigate against damage from runoff into waterways and floods caused by erosion from wildfires; (4) to build essential community collaboration and outline the necessary groundwork systems in anticipation of future fires; and (5) for other wildlife mitigation activities at the discretion of the governor of a state or the chief executive of an Indian tribal government. Sets forth a grant eligibility requirement based on specified ratios of the relative population of, and the relative number fire management assistance grants received in the previous 10 years by, a prospective recipient. Authorizes the President to waive that requirement if a recipient demonstrates that significant environmental changes or shifts in forest health put the recipient at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality with a community wildfire protection plan or a local multi-hazard mitigation plan, (2) any Indian tribal government with a tribal mitigation plan, or (3) any other entity that is explicitly referenced in and central to the design of a community wildfire protection plan or a local multi-hazard mitigation plan. Directs FEMA, in awarding such grants, to: (1) give preference to a recipient that has a high level of need for assistance based on the best scientific data available or that used previous grant funds efficiently and effectively for wildfire mitigation activities, and (2) consider environmental conditions in a state or area. Directs FEMA to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2016-FY2021 in carrying out this Act. Amends the Stafford Act to authorize the President, whether or not a major disaster is declared, to provide hazard mitigation assistance in any area affected by a fire for which assistance was otherwise provided. Directs FEMA to require FEMA, in evaluating a governor's request for major disaster assistance under the Public Assistance Program, to consider whether: (1) post-fire flooding occurred within five years of, and as a result of, a single wildfire event in the state; and (2) the state received fire management assistance related to the major disaster for which the governor is requesting assistance. Directs FEMA to create and make publicly available a post-fire recovery funding and resource guide for local communities.

67, and approved by
Congress, allow for such further authorizations.

TITLE II--GENERAL PROVISIONS

SEC. 201. ANNUAL REPORT.

Section 3(f) of the National Science Foundation Act of 1950 (42
U.S.C. 1862(f)) is amended to read as follows:
''(f) The Foundation shall provide an annual report to the
President which shall be submitted by the Director to the Congress at
the time of the President's annual budget submission. The report
shall--
''(1) contain a strategic plan, or an update to a previous
strategic plan, which--
''(A) defines for a three-year period the overall
goals for the Foundation and specific goals for each
major activity of the Foundation, including each
scientific directorate, the education directorate, and
the polar programs office; and
''(B) describe how the identified goals relate to
national needs and will exploit new opportunities in
science and technology;
''(2) identify the criteria and describe the procedures
which the Foundation will use to assess progress toward
achieving the goals identified in accordance with paragraph
(1);
''(3) review the activities of the Foundation during the
preceding year which have contributed toward achievement of
goals identified in accordance with paragraph (1) and summarize
planned activities for the coming three years in the context of
the identified goals, with particular emphasis on the
Foundation's planned contributions to major multi-agency
research and education initiatives;
''(4) contain such recommendations as the Foundation
considers appropriate; and
''(5) include information on the acquisition and
disposition by the Foundation of any patents and patent
rights.''.

SEC. 202. NATIONAL RESEARCH FACILITIES.

(a) Facilities Plan.--The Director shall provide to Congress
annually, as a part of the report required under section 3(f) of the
National Science Foundation Act of 1950, a plan for the proposed
construction of, and repair and upgrades to, national research
facilities. The plan shall include estimates of the cost for such
construction, repairs, and upgrades, and estimates of the cost for the
operation and maintenance of existing and proposed new facilities. For
proposed new construction and for major upgrades to existing
facilities, the plan shall include funding profiles by fiscal year and
milestones for major phases of the construction. The plan shall include
cost estimates in the categories of construction, repair, and upgrades
for the year in which the plan is submitted to Congress and for not
fewer than the succeeding 4 years.
(b) Limitation on Obligation of Unauthorized Appropriations.--No
funds appropriated for any project which involves construction of new
national research facilities or construction necessary for upgrading
the capabilities of existing national research facilities shall be
obligated unless the funds are specifically authorized for such purpose
by this Act or any other Act which is not an appropriations Act, or
unless the total estimated cost to the Foundation of the construction
project is less than $50,000,000. This subsection shall not apply to
construction projects approved by the National Science Board prior to
June 30, 1994.

SEC. 203. ELIGIBILITY FOR RESEARCH FACILITY AWARDS.

Section 203(b) of the Academic Research Facilities Modernization
Act of 1988 is amended by striking the final sentence of paragraph (3)
and inserting in lieu thereof the following: ''The Director shall give
priority to institutions or consortia that have not received such funds
in the preceding 5 years, except that this sentence shall not apply to
previous funding received for the same multiyear project.''.

SEC. 204. ADMINISTRATIVE AMENDMENTS.

(a) National Science Foundation Act of 1950 Amendments.--The
National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.) is
amended--
(1) by redesignating the subsection (k) of section 4 (42
U.S.C. 1863(k)) that was added by section 108 of the National
Science Foundation Authorization Act of 1988 as subsection (l);
(2) in section 5(e) (42 U.S.C. 1864(e)) by amending
paragraph (2) to read as follows:
''(2) Any delegation of authority or imposition of conditions under
paragraph (1) shall be promptly published in the Federal Register and
reported to the Committees on Labor and Human Resources and Commerce,
Science, and Transportation of the Senate and the Committee on Science
of the House of Representatives.'';
(3) by inserting ''be entitled to'' between ''shall'' and
''receive'', and by inserting '', including traveltime,'' after
''Foundation'' in section 14(c) (42 U.S.C. 1873(c));
(4) by striking section 14(j) (42 U.S.C. 1873(j)); and
(5) by striking ''Atomic Energy Commission'' in section
15(a) (42 U.S.C. 1874(a)) and inserting in lieu thereof
''Secretary of Energy''.
(b) National Science Foundation Authorization Act, 1976
Amendments.--Section 6(a) of the National Science Foundation
Authorization Act, 1976 (42 U.S.C. 1881a(a)) is amended by striking
''social,'' the first place it appears.
(c) National Science Foundation Authorization Act of 1988
Amendments.--(1) Section 117(a)(1)(B)(v) of the National Science
Foundation Authorization Act of 1988 (42 U.S.C. 1881b(1)(B)(v)) is
amended to read as follows:
''(v) from schools established outside the several States
and the District of Columbia by any agency of the Federal
Government for dependents of its employees.''.
(2) Section 117(a)(3)(A) of such Act (42 U.S.C. 1881b(3)(A)) is
amended by striking ''Science and Engineering Education'' and inserting
in lieu thereof ''Education and Human Resources''.
(d) Education for Economic Security Act Amendments.--Section 107 of
Education for Economic Security Act (20 U.S.C. 3917) is repealed.
(e) Technical Amendment.--The second subsection (g) of section 3 of
the National Science Foundation Act of 1950 is repealed.

SEC. 205. INDIRECT COSTS.

(a) Matching Funds.--Matching funds required pursuant to section
204(a)(2)(C) of the Academic Research Facilities Modernization Act of
1988 (42 U.S.C. 1862c(a)(2)(C)) shall not be considered facilities
costs for purposes of determining indirect cost rates.
(b) Report.--The Director of the Office of Science and Technology
Policy, in consultation with other relevant agencies, shall prepare a
report analyzing what steps would be needed to--
(1) reduce by 10 percent the proportion of Federal
assistance to institutions of higher education that are
allocated for indirect costs; and
(2) reduce the variance among indirect cost rates of
different institutions of higher education,
including an evaluation of the relative benefits and burdens of each
option on institutions of higher education. Such report shall be
transmitted to the Congress no later than December 31, 1995.
SEC. 206. RESEARCH INSTRUMENTATION AND FACILITIES.

The Foundation shall incorporate the guidelines set forth in
Important Notice No. 91, dated March 11, 1983 (48 Fed. Reg. 15754,
April 12, 1983), relating to the use and operation of Foundation-
supported research instrumentation and facilities, in its notice of
Grant General Conditions, and shall examine more closely the adherence
of grantee organizations to such guidelines.

SEC. 207. FINANCIAL DISCLOSURE.

Persons temporarily employed by or at the Foundation shall be
subject to the same financial disclosure requirements and related
sanctions under the Ethics in Government Act of 1978 as are permanent
employees of the Foundation in equivalent positions.

SEC. 208. EDUCATIONAL LEAVE OF ABSENCE FOR ACTIVE DUTY.

In order to be eligible to receive funds from the Foundation after
September 30, 1995, an institution of higher education must provide
that whenever any student of the institution who is a member of the
National Guard, or other reserve component of the Armed Forces of the
United States, is called or ordered to active duty, other than active
duty for training, the institution shall grant the member a military
leave of absence from their education. Persons on military leave of
absence from their institution shall be entitled, upon release from
military duty, to be restored to the educational status they had
attained prior to their being ordered to military duty without loss of
academic credits earned, scholarships or grants awarded, or tuition and
other fees paid prior to the commencement of the military duty. It
shall be the duty of the institution to refund tuition or fees paid or
to credit the tuition and fees to the next semester or term after the
termination of the educational military leave of absence at the option
of the student.
SEC. 209. PROHIBITION OF LOBBYING ACTIVITIES.

None of the funds authorized by this Act shall be available for any
activity whose purpose is to influence legislation pending before the
Congress, provided that this shall not prevent officers or employees of
the United States or of its departments or agencies from communicating
to Members of Congress on the request of any Member or to Congress,
through the proper channels, requests for legislation or appropriations
which they deem necessary for the efficient conduct of the public
business.
SEC. 210. SCIENCE STUDIES INSTITUTE.

(a) Amendment.--Section 822 of the National Defense Authorization
Act for Fiscal 1991 (42 U.S.C. 6686) is amended--
(1) by striking ''Critical Technologies Institute'' in the
section heading and in subsection (a), and inserting in lieu
thereof ''Science Studies Institute'';
(2) in subsection (b) by striking ''As determined by the
chairman of the committee referred to in subsection (c), the''
and inserting in lieu thereof ''The'';
(3) by striking subsection (c), and redesignating
subsections (d), (e), (f), and (g) as subsections (c), (d),
(e), and (f), respectively;
(4) in subsection (c), as so redesignated by paragraph (3)
of this subsection--
(A) by inserting ''science and'' after
''developments and trends in'' in paragraph (1);
(B) by striking ''with particular emphasis'' in
paragraph (1) and all that follows through the end of
such paragraph and inserting in lieu thereof ''and
developing and maintaining relevant informational and
analytical tools.'';
(C) by striking ''to determine'' and all that
follows through ''technology policies'' in paragraph
(2) and inserting in lieu thereof ''with particular
attention to the scope and content of the Federal
science and technology research and develop portfolio
as it affects interagency and national issues'';
(D) by amending paragraph (3) to read as follows:
''(3) Initiation of studies and analysis of alternatives
available for ensuring the long-term strength of the United
States in the development and application of science and
technology, including appropriate roles for the Federal
Government, State governments, private industry, and
institutions of higher education in the development and
application of science and technology.'';
(E) by inserting ''science and'' after ''Executive
branch on'' in paragraph (4)(A); and
(F) by amending paragraph (4)(B) to read as
follows:
''(B) to the interagency committees and panels of
the Federal Government concerned with science and
technology.'';
(5) in subsection (d), as so redesignated by paragraph (3)
of this subsection, by striking ''subsection (d)'' and
inserting in lieu thereof ''subsection (c)''; and
(6) by amending subsection (f), as so redesignated by
paragraph (3) of this subsection, to read as follows:
''(f) Sponsorship.--The Director of the Office of Science and
Technology Policy shall be the sponsor of the Institute.''.
(b) Conforming Usage.--All references in Federal law or regulations
to the Critical Technologies Institute shall be considered to be
references to the Science Studies Institute.
SEC. 211. EDUCATIONAL IMPACT.

(a) Findings.--The Congress finds that--
(1) Federal research funds made available to institutions
of higher education often create incentives for such
institutions to emphasize research over undergraduate teaching
and to narrow the focus of their graduate programs; and
(2) National Science Foundation funds for Research and
Related Activities should be spent in the manner most likely to
improve the quality of undergraduate and graduate education in
institutions of higher education.
(b) Educational Impact.--(1) The impact that a grant or cooperative
agreement by the National Science Foundation would have on
undergraduate and graduate education at an institution of higher
education shall be a factor in any decision whether to award such grant
or agreement to that institution.
(2) Paragraph (1) shall be effective with respect to any grant or
cooperative agreement awarded after September 30, 1996.
(c) Report.--The Director shall provide a plan for the
implementation of subsection (b) of this section, no later than
December 31, 1995, to the Committee on Science of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Labor and Human Resources of the
Senate.
SEC. 212. DIVISIONS OF THE FOUNDATION.

(a) Amendment.--Section 8 of the National Science Foundation Act of
1950 (42 U.S.C. 1866) is amended by inserting ''The Director may
appoint, in consultation with the Board, not more than 6 Assistant
Directors to assist in managing the Divisions.'' after ''time to time
determine.''.
(b) Report.--By November 15, 1995, the Director shall transmit to
the Congress a report on the reorganization of the National Science
Foundation required as a result of the amendment made by subsection
(a).
SEC. 213. LIMITATION ON APPROPRIATIONS.

(a) Exclusive Authorization for Fiscal Year 1996.--Notwithstanding
any other provision of law, no sums are authorized to be appropriated
for fiscal year 1996 for the activities of the National Science
Foundation unless such sums are specifically authorized to be
appropriated by this Act.
(b) Subsequent Fiscal Years.--No sums are authorized to be
appropriated for any fiscal year after fiscal year 1996 for the
activities of the National Science Foundation unless such sums are
specifically authorized to be appropriated by Act of Congress with
respect to such fiscal year.

SEC. 214. ELIGIBILITY FOR AWARDS.

(a) In General.--The Director shall exclude from consideration for
awards of financial assistance made by the National Science Foundation
after fiscal year 1995 any person who received funds, other than those
described in subsection (b), appropriated for a fiscal year after
fiscal year 1995, from any Federal funding source for a project that
was not subjected to a competitive, merit-based award process. Any
exclusion from consideration pursuant to this section shall be
effective for a period of 5 years after the person receives such
Federal funds.
(b) Exception.--Subsection (a) shall not apply to awards to persons
who are members of a class specified by law for which assistance is
awarded to members of the class according to a formula provided by law.
HR 1852 RH----2
TABLE OF CONTENTS:
Title I: National Science Foundation Authorization
Title II: General Provisions
National Science Foundation Authorization Act of 1995 -
Title I: National Science Foundation Authorization
- Authorizes appropriations to the National Science Foundation (NSF) for FY 1996 and 1997.
(Sec. 104) Provides for reprogramming of appropriations.
(Sec. 105) States that nothing in this Act shall preclude additional FY 1996 authorization of appropriations for NSF.
Title II: General Provisions
- Amends the National Science Foundation Act of 1950 to direct NSF to include in its annual report to the President a strategic plan defining its goals, criteria, and procedures.
(Sec. 202) Requires NSF to submit to the Congress an annual upgrade and maintenance plan for national research facilities.
(Sec. 203) Amends the Academic Research Facilities Modernization Act of 1988 to give research facility grant priority to institutions or consortia that have not received such funds in the preceding five years.
(Sec. 204) Makes administrative amendments to the National Science Foundation Act of 1950, the National Science Foundation Authorization Act, 1976, the National Science Foundation Authorization Act of 1988, and the Education for Economic Security Act.
(Sec. 206) Requires certain research instrumentation and facilities guidelines to be incorporated in NSF grant notices.
(Sec. 207) Subjects NSF temporary employees to the same financial disclosure requirements as apply to permanent employees.
(Sec. 208) Requires an institution of higher education receiving NSF funds to grant a military-educational leave of absence to a student on active military duty (other than training).
(Sec. 209) Prohibits the use of any funds authorized under this Act from being used for any lobbying activity.
(Sec. 210) Renames the Critical Technologies Institute as the Science Studies Institute.
(Sec. 211) Requires NSF to consider the impact of a grant on undergraduate and graduate education before its award.
(Sec. 212) Authorizes the Director of NSF to appoint up to six Assistant Directors.
(Sec. 214) Excludes from NSF awards for five years any person who received project funds not subject to competitive merit-based awards. (Exempts persons who are members of a law-specified class.)

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Support for Democracy and Human
Rights in Ethiopia Act of 2008''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Despite progress and an estimated annual growth rate of
nearly 10 percent, Ethiopia remains one of the poorest and most
famine-prone countries in the world, with more than half of the
population of 78,000,000 living on less than $1 per day.
(2) Since the collapse of the Derg and overthrow of the
Mengistu regime in 1991, the Ethiopian Peoples' Revolutionary
Democratic Front (EPRDF)-led government has overseen the
introduction of a multiparty system and the drafting of a new
constitution that guarantees economic, social, and cultural
rights and states that ''human and democratic rights of peoples
and citizens shall be protected.''
(3) Ethiopia and Eritrea fought a bloody border war between
1998 and 2000, and, despite the Algiers Accord ending the
conflict and the agreement to abide by the final and biding
Ethiopia-Eritrea Border Commission (EEBC) arbitration, the
Government of Ethiopia has refused to comply with the final
physical demarcation of the border and the Government of
Eritrea has virtually expelled the United Nations peacekeeping
force, resulting in a high risk of renewed fighting and
regional instability.
(4) Following high turnout and marked improvement in pre-
election campaigning and voting in the third general elections
of the Government of Ethiopia held on May 15, 2005, widespread
charges of violations in the finally tallying and inadequate
response to opposition complaints resulted in observer findings
that the elections failed to satisfy international standards.
(5) Subsequent opposition progress led to a crackdown by
EPRDF security forces in which 763 civilians were injured and
193 killed, and thousands more opposition party leaders and
their followers were detained, 112 of whom were not released
until the summer of 2007.
(6) In its 2007 ''Countries at a Crossroads'' report,
Freedom House noted that ''[i]ncreased threats to and
violations of civil liberties were a consequence of the
political tensions that sprang from the flawed 2005
elections.''
(7) In December 2006, military forces of the Government of
Ethiopia came to the aid of Somalia's Transitional Federal
Government against the Islamic Courts Union (ICU) and continue
to serve as the primary security force for the United Nations-
backed transitional government in Mogadishu.
(8) Credible nongovernmental organizations report
widespread violations of human rights and international law by
the Ethiopian military in Mogadishu and other areas of Somalia,
as well as in the Ogaden region of Ethiopia.
(9) According to the Department of State's 2007 Country
Reports on Human Rights Practices, ''human rights abuses [in
Ethiopia] . . . include: limitation on citizens' right to
change their government during the most recent elections;
unlawful killings, and beating, abuse, and mistreatment of
detainees and opposition supporters by security forces; poor
prison conditions; arbitrary arrest and detention . . . use of
excessive force by security services in an internal conflict
and counter-insurgency operations; restrictions on freedom of
the press; etc.''
(10) The Department of State's 2007 Country Reports on
Human Rights Practices also stated that ''[Ogaden National
Liberation Front] ONLF forces . . . were responsible for
widespread human rights abuses, including killings and the
diversion of food supplies resulting in the displacement of
thousands of persons.''
(11) In June 2007, in response to this violence, including
the deadly April 2007 attacks on a Chinese oil exploration site
in the Ogaden and at a May 2007 political rally, the Prime
Minister of Ethiopia, Meles Zenawi, announced that the
Government of Ethiopia was launching a ''political and military
operation to contain the activities of the ONLF,'' which,
according to credible reports, has resulted in the displacement
of thousands of civilians to government-designated ''protection
zones,'' while thousands more have fled across Ethiopia's
borders.
(12) Although the Government of Ethiopia has legitimate
security concerns in the Ogaden, and, according to the
Department of State's 2007 Country Report on Terrorism,
''Ethiopian forces [also] countered Somali-based extremists who
attempted to conduct attacks inside Ethiopia,'' a number of
credible media accounts, human rights organizations, and
humanitarian agencies have documented the ENDF's unjustifiably
brutal tactics against its own citizens there, as has been
previously been reported in other regions of the country
including Oromiya, Amhara, and Gambella.
(13) In May 2008, the Government of Ethiopia circulated a
draft law that claims to be a tool to enhance the transparency
and accountability of civil society organizations, but if
enacted, is instead likely to create a complex web of onerous
bureaucratic hurdles, draconian criminal penalties, and
intrusive powers of surveillance that would further decrease
the political space available for civil society activities.

SEC. 3. STATEMENT OF POLICY.

It is the policy of the United States--
(1) to support the efforts by the people and Government of
Ethiopia--
(A) to achieve a participatory multiparty
democracy, an active and unhindered civil society, rule
of law and accountability, judicial capacity and
independence, freedom of the press, respect for human
rights, and economic development; and
(B) to combat extremism and terrorism in their
country and the region;
(2) to promote stability, democracy, accountability, social
and economic development, human and political rights,
humanitarian assistance, the rule of law and accountability,
and counterterrorism efforts in Ethiopia and the wider Horn of
Africa;
(3) to seek the unconditional release of all political
prisoners and prisoners of conscience in Ethiopia;
(4) to prohibit United States funding to any unit of the
Ethiopian security forces if there is credible evidence that a
unit of the security forces has committed gross violations of
human rights, unless the Secretary of State has determined and
reports to the appropriate congressional committees that the
Ethiopian government is taking effective measures to bring the
responsible members of the security forces unit to justice; and
(5) to contribute to regional peace and stability by urging
the Government of Ethiopia to comply with the EEBC arbitration
decisions on border demarcation, urging the Government of
Eritrea to permit a United Nations peacekeeping presence, and
pressing both Governments to ensure that they are playing a
productive role in helping to bring about stability along the
border and throughout the Horn of Africa, including in Somalia.

SEC. 4. SENSE OF CONGRESS.

It is the sense of Congress that the United States Government
should--
(1) build on successful diplomatic efforts that contributed
to the October 2007 release of political prisoners in Addis;
(2) urge the Government of Ethiopia to protect the
constitutional rights and freedoms of all Ethiopian citizens;
(3) encourage the Government of Ethiopia to enter into
discussions with political groups interested in reconciliation
in order to bring such groups into full participation in the
political and economic affairs of Ethiopia;
(4) call on the Government of Ethiopia to allow human
rights and humanitarian groups and the media to undertake their
work in all regions of Ethiopia without intimidation or
harassment while ensuring they are protected from any threats
regardless of their political affiliations;
(5) encourage and assist the United Nations and other
independent organizations and the media in investigating
credible reports of grave violations of human rights or
international humanitarian law, publishing any evidence of
serious abuse, and sending strong and consistent messages to
the Government of Ethiopia that the continuation of such
violations or impunity for the perpetrators of crimes in the
Ogaden region, Ethiopia more generally, or in Somalia carry
consequences; and
(6) encourage the Governments of both Ethiopia and Eritrea
to take steps to lessen tensions, physically demarcate the
border in accord with the EEBC decision, and promote
normalization of relations between the two countries.

SEC. 5. SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS IN ETHIOPIA.

(a) Authority.--Subject to subsection (b) and notwithstanding any
other provision of law, the President should take additional steps to
support the implementation of democracy and governance institutions and
organizations in Ethiopia consistent with the provisions of the
Ethiopian Constitution of 1994 and related national law, including--
(1) to support democracy development in Ethiopia, including
developing the capacity of government and civil society
organizations to undertake free, fair, and peaceful elections,
strengthen good governance practices, and encourage
transparency and accountability, in accordance with
international norms and standards;
(2) to support the autonomy and fundamental freedoms of
national and international civil society organizations to
effectively pursue these objectives without excessive
government regulation or intimidation;
(3) to promote and bolster the independence of the
judiciary in Ethiopia, including developing capacity at the
national, regional, and local levels;
(4) to support programs to defend and protect the human
rights of all the people of Ethiopia, especially women and
minorities;
(5) to expand programming of the Voice of America and other
independent media in Ethiopia and ensure they are able to
broadcast without interference;
(6) to support efforts of the international community to
gain full access to the Ogaden and other conflict-affected
regions throughout the country to provide humanitarian and
development assistance; and
(7) to support a United Nations Special Envoy to launch a
comprehensive dialogue process that seeks to bring about the
normalization of economic and political relations between
Ethiopia and Eritrea and works with the governments of both
countries to address issues of stability both along their
shared border as well as more broadly across the Horn of
Africa, including in Somalia.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 for fiscal year 2009 to carry out this
section.
(c) Conditions.--
(1) In general.--Assistance provided pursuant subsection
(b) shall be allocated and dispersed in a fully transparent
manner.
(2) Congressional notification.--Funds made available to
the Government of Ethiopia under subsection (b) and all other
nonessential funds made available to the Government of Ethiopia
under any other provision of law shall be subject to the
regular notification requirements with respect to the
appropriate congressional committees.
(3) Discontinuation in event of government obstruction.--
The President shall cease the provision of assistance provided
under subsection (b) if the Government of Ethiopia acts to
obstruct such assistance.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall prepare and submit to the appropriate congressional committees a
report that describes the activities undertaken pursuant to subsection
(a), including a description of amounts committed, and the amounts
provided, to Ethiopia during the reporting period.

SEC. 6. OFFSETS.

Of the amounts available to the National Aeronautics and Space
Administration for fiscal year 2009, $20,000,000 shall be available to
carry out the provisions of this Act.

SEC. 7. DEFINITIONS.

In this Act:
(1) The term ''appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) The term ''non-essential United States assistance''
means assistance authorized under any provision of law, other
than humanitarian assistance, food aid programs, assistance to
combat HIV/AIDS and other healthcare assistance, and
peacekeeping assistance.
Support for Democracy and Human Rights in Ethiopia Act of 2008 - States that the President should take additional steps to support the implementation of democracy and governance institutions and organizations in Ethiopia consistent with the Ethiopian Constitution of 1994 and related national law, including: (1) support of democracy development; (2) promotion of judicial independence; (3) support of human rights programs, especially regarding women and minorities; (4) expansion of the Voice of America (VOA) and other independent media; (5) support of international efforts to gain full access to the Ogaden and other conflict-affected regions; and (6) support of a United Nations Special Envoy to launch a dialogue to bring about the normalization of relations between Ethiopia and Eritrea and who works with both governments to address issues of stability both along their border as well as more broadly across the Horn of Africa, including in Somalia.

Authorizes appropriations.