U.S. Congress - Text of S.3297 as Placed on Calendar Senate Advancing America's Priorities Act
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S 3297 PCSCommentsClose CommentsPermalink
Calendar No. 894CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3297CommentsClose CommentsPermalink
To advance America’s priorities.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
July 22, 2008CommentsClose CommentsPermalink
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 timeCommentsClose CommentsPermalink
July 23, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To advance America’s priorities.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the ‘Advancing America’s Priorities Act’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
TITLE I--HEALTHCARE PROVISIONS
Subtitle A--ALS Registry Act
Sec. 1001. Short title.CommentsClose CommentsPermalink
Sec. 1002. Amendment to the Public Health Service Act.CommentsClose CommentsPermalink
Sec. 1003. Report on registries.CommentsClose CommentsPermalink
Subtitle B--Christoper and Dana Reeve Paralysis Act
Sec. 1101. Short title.CommentsClose CommentsPermalink
PART I--Paralysis Research
Sec. 1111. Expansion and coordination of activities of the National Institutes of Health with respect to research on paralysis.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Subtitle C--Stroke Treatment and Ongoing Prevention Act
Sec. 1201. Short title.CommentsClose CommentsPermalink
Sec. 1202. Amendments to Public Health Service Act regarding stroke programs.CommentsClose CommentsPermalink
Sec. 1203. Pilot project on telehealth stroke treatment.CommentsClose CommentsPermalink
Sec. 1204. Rule of construction.CommentsClose CommentsPermalink
Subtitle D--Melanie Blocker Stokes MOTHERS Act
Sec. 1301. Short title.CommentsClose CommentsPermalink
PART I--RESEARCH ON POSTPARTUM CONDITIONS
Sec. 1311. Expansion and intensification of activities.CommentsClose CommentsPermalink
Sec. 1312. Sense of Congress regarding longitudinal study of relative mental health consequences for women of resolving a pregnancy.CommentsClose CommentsPermalink
PART II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS
Sec. 1321. Establishment of program of grants.CommentsClose CommentsPermalink
Sec. 1322. Certain requirements.CommentsClose CommentsPermalink
Sec. 1323. Technical assistance.CommentsClose CommentsPermalink
PART III--GENERAL PROVISIONS
Sec. 1331. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 1332. Report by the Secretary.CommentsClose CommentsPermalink
Sec. 1333. Limitation.CommentsClose CommentsPermalink
Subtitle E--Vision Care for Kids Act of 2008
Sec. 1401. Short title.CommentsClose CommentsPermalink
Sec. 1402. Findings.CommentsClose CommentsPermalink
Sec. 1403. Grants regarding vision care for children.CommentsClose CommentsPermalink
Subtitle F--Prenatally and Postnatally Diagnosed Conditions Awareness Act
Sec. 1501. Short title.CommentsClose CommentsPermalink
Sec. 1502. Purposes.CommentsClose CommentsPermalink
Sec. 1503. Amendment to the Public Health Service Act.CommentsClose CommentsPermalink
TITLE II--JUDICIARY PROVISIONS
Subtitle A--Reconnecting Homeless Youth Act of 2008
Sec. 2101. Short title.CommentsClose CommentsPermalink
Sec. 2102. Findings.CommentsClose CommentsPermalink
Sec. 2103. Basic center program.CommentsClose CommentsPermalink
Sec. 2104. Transitional living grant program.CommentsClose CommentsPermalink
Sec. 2105. Grants for research evaluation, demonstration, and service projects.CommentsClose CommentsPermalink
Sec. 2106. Coordinating, training, research, and other activities.CommentsClose CommentsPermalink
Sec. 2107. Sexual abuse prevention program.CommentsClose CommentsPermalink
Sec. 2108. National homeless youth awareness campaign.CommentsClose CommentsPermalink
Sec. 2109. Conforming amendments.CommentsClose CommentsPermalink
Sec. 2110. Performance standards.CommentsClose CommentsPermalink
Sec. 2111. Government Accountability Office study and report.CommentsClose CommentsPermalink
Sec. 2112. Definitions.CommentsClose CommentsPermalink
Sec. 2113. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Emmett Till Unsolved Civil Rights Crimes Act of 2007
Sec. 2201. Short title.CommentsClose CommentsPermalink
Sec. 2202. Sense of Congress.CommentsClose CommentsPermalink
Sec. 2203. Deputy Chief of the Criminal Section of the Civil Rights Division.CommentsClose CommentsPermalink
Sec. 2204. Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation.CommentsClose CommentsPermalink
Sec. 2205. Grants to State and local law enforcement.CommentsClose CommentsPermalink
Sec. 2206. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 2207. Definition of criminal civil rights statutes.CommentsClose CommentsPermalink
Sec. 2208. Sunset.CommentsClose CommentsPermalink
Sec. 2209. Authority of Inspectors General.CommentsClose CommentsPermalink
Subtitle C--Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008
Sec. 2301. Short title.CommentsClose CommentsPermalink
Sec. 2302. Findings.CommentsClose CommentsPermalink
Sec. 2303. Reauthorization of the Adult and Juvenile Collaboration Program Grants.CommentsClose CommentsPermalink
Sec. 2304. Law enforcement response to mentally ill offenders improvement grants.CommentsClose CommentsPermalink
Sec. 2305. Improving the mental health courts grant program.CommentsClose CommentsPermalink
Sec. 2306. Examination and report on prevalence of mentally ill offenders.CommentsClose CommentsPermalink
Subtitle D--Effective Child Pornography Prosecution Act of 2007
Sec. 7401. Short title.CommentsClose CommentsPermalink
Sec. 7402. Findings.CommentsClose CommentsPermalink
Sec. 7403. Clarifying ban of child pornography.CommentsClose CommentsPermalink
Subtitle E--Enhancing the Effective Prosecution of Child Pornography Act of 2007
Sec. 2501. Short title.CommentsClose CommentsPermalink
Sec. 2502. Money laundering predicate.CommentsClose CommentsPermalink
Sec. 2503. Knowingly accessing child pornography with the intent to view child pornography.CommentsClose CommentsPermalink
Subtitle F--Drug Endangered Children Act of 2007
Sec. 2601. Short title.CommentsClose CommentsPermalink
Sec. 2602. Drug-endangered children grant program extended.CommentsClose CommentsPermalink
Subtitle G--Star-Spangled Banner and War of 1812 Bicentennial Commission Act
Sec. 2701. Short title.CommentsClose CommentsPermalink
Sec. 2702. Star-Spangled Banner and War of 1812 Bicentennial Commission.CommentsClose CommentsPermalink
Subtitle H--PROTECT Our Children Act of 2008
Sec. 2801. Short title.CommentsClose CommentsPermalink
Sec. 2802. Definitions.CommentsClose CommentsPermalink
PART I--National Strategy for Child Exploitation Prevention and Interdiction
Sec. 2811. Establishment of National Strategy for Child Exploitation Prevention and Interdiction.CommentsClose CommentsPermalink
Sec. 2812. Establishment of National ICAC Task Force Program.CommentsClose CommentsPermalink
Sec. 2813. Purpose of ICAC task forces.CommentsClose CommentsPermalink
Sec. 2814. Duties and functions of task forces.CommentsClose CommentsPermalink
Sec. 2815. National Internet Crimes Against Children Data System.CommentsClose CommentsPermalink
Sec. 2816. ICAC grant program.CommentsClose CommentsPermalink
Sec. 2817. Authorization of appropriations.CommentsClose CommentsPermalink
PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
Sec. 2821. Additional regional computer forensic labs.CommentsClose CommentsPermalink
PART III--Effective Child Pornography Prosecution
Sec. 2831. Prohibit the broadcast of live images of child abuse.CommentsClose CommentsPermalink
Sec. 2832. Amendment to
Sec. 2833. Amendment to
Sec. 2834. Prohibiting the adaptation or modification of an image of an identifiable minor to produce child pornography.CommentsClose CommentsPermalink
PART IV--National Institute of Justice Study of Risk Factors
Sec. 2841. NIJ study of risk factors for assessing dangerousness.CommentsClose CommentsPermalink
TITLE III--ENVIRONMENT AND PUBLIC WORKS PROVSIONS
Subtitle A--Captive Primate Safety Act
Sec. 3001. Short title.CommentsClose CommentsPermalink
Sec. 3002. Addition of nonhuman primates to definition of prohibited wildlife species.CommentsClose CommentsPermalink
Sec. 3003. Captive wildlife amendments.CommentsClose CommentsPermalink
Sec. 3004. Applicability provision amendment.CommentsClose CommentsPermalink
Sec. 3005. Regulations.CommentsClose CommentsPermalink
Sec. 3006. Authorization of appropriations for additional law enforcement personnel.CommentsClose CommentsPermalink
Subtitle B--Chesapeake Bay Gateways and Watertrails Network Continuing Authorization Act
Sec. 3011. Short title.CommentsClose CommentsPermalink
Sec. 3012. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--Beach Protection Act of 2008
Sec. 3021. Short title.CommentsClose CommentsPermalink
Sec. 3022. Beachwater pollution source identification and prevention.CommentsClose CommentsPermalink
Sec. 3023. Funding for Beaches Environmental Assessment and Coastal Health Act.CommentsClose CommentsPermalink
Sec. 3024. State reports.CommentsClose CommentsPermalink
Sec. 3025. Use of rapid testing methods.CommentsClose CommentsPermalink
Sec. 3026. Prompt communication with State environmental agencies.CommentsClose CommentsPermalink
Sec. 3027. Content of State and local programs.CommentsClose CommentsPermalink
Sec. 3028. Compliance review.CommentsClose CommentsPermalink
Sec. 3029. Study of grant distribution formula.CommentsClose CommentsPermalink
Subtitle D--Appalachian Regional Development Act Amendments of 2008
Sec. 3031. Short title.CommentsClose CommentsPermalink
Sec. 3032. Limitation on available amounts; maximum commission contribution.CommentsClose CommentsPermalink
Sec. 3033. Economic and energy development initiative.CommentsClose CommentsPermalink
Sec. 3034. Distressed, at-risk, and economically strong counties.CommentsClose CommentsPermalink
Sec. 3035. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 3036. Termination.CommentsClose CommentsPermalink
Sec. 3037. Additions to Appalachian region.CommentsClose CommentsPermalink
TITLE IV--FOREIGN RELATIONS PROVISIONS
Subtitle A--Senator Paul Simon Study Abroad Foundation Act of 2008
Sec. 4001. Short title.CommentsClose CommentsPermalink
Sec. 4002. Findings.CommentsClose CommentsPermalink
Sec. 4003. Purposes.CommentsClose CommentsPermalink
Sec. 4004. Definitions.CommentsClose CommentsPermalink
Sec. 4005. Establishment and management of the Senator Paul Simon Study Abroad Foundation.CommentsClose CommentsPermalink
Sec. 4006. Establishment and operation of program.CommentsClose CommentsPermalink
Sec. 4007. Annual report.CommentsClose CommentsPermalink
Sec. 4008. Powers of the Foundation; related provisions.CommentsClose CommentsPermalink
Sec. 4009. General personnel authorities.CommentsClose CommentsPermalink
Sec. 4010. GAO review.CommentsClose CommentsPermalink
Sec. 4011. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Reconstruction and Stabilization Civilian Management Act of 2008
Sec. 4101. Short title.CommentsClose CommentsPermalink
Sec. 4102. Findings.CommentsClose CommentsPermalink
Sec. 4103. Definitions.CommentsClose CommentsPermalink
Sec. 4104. Authority to provide assistance for reconstruction and stabilization crises.CommentsClose CommentsPermalink
Sec. 4105. Reconstruction and stabilization.CommentsClose CommentsPermalink
Sec. 4106. Authorities related to personnel.CommentsClose CommentsPermalink
Sec. 4107. Reconstruction and stabilization strategy.CommentsClose CommentsPermalink
Sec. 4108. Annual reports to Congress.CommentsClose CommentsPermalink
Subtitle C--Overseas Private Investment Corporation Reauthorization of Act of 2008
Sec. 4201. Short title.CommentsClose CommentsPermalink
Sec. 4202. Reauthorization of OPIC programs.CommentsClose CommentsPermalink
Sec. 4203. Requirements regarding internationally recognized worker rights.CommentsClose CommentsPermalink
Sec. 4204. Preferential consideration of certain investment projects.CommentsClose CommentsPermalink
Sec. 4205. Climate change mitigation action plan.CommentsClose CommentsPermalink
Sec. 4206. Increased transparency.CommentsClose CommentsPermalink
Sec. 4207. Transparency and accountability of investment funds.CommentsClose CommentsPermalink
Sec. 4208. Prohibition on assistance to develop or promote certain railway connections and railway-related connections.CommentsClose CommentsPermalink
Sec. 4209. Ineligibility of persons doing certain business with state sponsors of terrorism.CommentsClose CommentsPermalink
Sec. 4210. Congressional notification regarding maximum contingent liability.CommentsClose CommentsPermalink
Sec. 4211. Extension of authority to operate in Iraq.CommentsClose CommentsPermalink
Sec. 4212. Low-income housing.CommentsClose CommentsPermalink
Sec. 4213. Assistance for small businesses and entities.CommentsClose CommentsPermalink
Sec. 4214. Technical corrections.CommentsClose CommentsPermalink
Subtitle D--Tropical Forest and Coral Conservation Reauthorization Act of 2008
Sec. 4301. Short title.CommentsClose CommentsPermalink
Sec. 4302. Amendment to short title of Act to encompass expanded scope.CommentsClose CommentsPermalink
Sec. 4303. Expansion of scope of act to protect forests and coral reefs.CommentsClose CommentsPermalink
Sec. 4304. Change to name of facility.CommentsClose CommentsPermalink
Sec. 4305. Eligibility for benefits.CommentsClose CommentsPermalink
Sec. 4306. United States Government representation on oversight bodies for grants from debt-for-nature swaps and debt-buybacks.CommentsClose CommentsPermalink
Sec. 4307. Conservation agreements.CommentsClose CommentsPermalink
Sec. 4308. Conservation Fund.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Sec. 4310. Changes to due dates of annual reports to Congress.CommentsClose CommentsPermalink
Sec. 4311. Changes to International Monetary Fund criterion for country eligibility.CommentsClose CommentsPermalink
Sec. 4312. New authorization of appropriations for the reduction of debt and authorization for audit, evaluation, monitoring, and administration expenses.CommentsClose CommentsPermalink
Subtitle E--Torture Victims Relief Reauthorization Act of 2008
Sec. 4401. Short title.CommentsClose CommentsPermalink
Sec. 4402. Authorization of appropriations for domestic treatment centers for victims of torture.CommentsClose CommentsPermalink
Sec. 4403. Authorization of appropriations for foreign treatment centers for victims of torture.CommentsClose CommentsPermalink
Sec. 4404. Authorization of appropriations for the United States contribution to the United Nations voluntary fund for victims of torture.CommentsClose CommentsPermalink
Subtitle F--Support for the Museum of the History of Polish Jews Act of 2008
Sec. 4501. Short title.CommentsClose CommentsPermalink
Sec. 4502. Findings.CommentsClose CommentsPermalink
Sec. 4503. Assistance for the Museum of the History of Polish Jews.CommentsClose CommentsPermalink
TITLE V--COMMERCE, SCIENCE, AND TRANSPORTATION PROVISIONS
Subtitle A--Communications
PART I--Broadband Data Improvement Act
Sec. 5101. Short title.CommentsClose CommentsPermalink
Sec. 5102. Findings.CommentsClose CommentsPermalink
Sec. 5103. Improving Federal data on broadband.CommentsClose CommentsPermalink
Sec. 5104. Study on additional broadband metrics and standards.CommentsClose CommentsPermalink
Sec. 5105. Study on the impact of broadband speed and price on small businesses.CommentsClose CommentsPermalink
Sec. 5106. Encouraging State initiatives to improve broadband.CommentsClose CommentsPermalink
PART II--Training for Realtime Writers Act of 2007
Sec. 5111. Short title.CommentsClose CommentsPermalink
Sec. 5112. Findings.CommentsClose CommentsPermalink
Sec. 5113. Authorization of grant program to promote training and job placement of realtime writers.CommentsClose CommentsPermalink
Sec. 5114. Application.CommentsClose CommentsPermalink
Sec. 5115. Use of funds.CommentsClose CommentsPermalink
Sec. 5116. Reports.CommentsClose CommentsPermalink
Sec. 5117. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 5118. Sunset.CommentsClose CommentsPermalink
Subtitle B--Oceans
PART I--Hydrographic Services Improvement Act Amendments of 2008
Sec. 5201. Short title.CommentsClose CommentsPermalink
Sec. 5202. Definitions.CommentsClose CommentsPermalink
Sec. 5203. Functions of the Administrator.CommentsClose CommentsPermalink
Sec. 5204. Hydrographic Services Review Panel.CommentsClose CommentsPermalink
Sec. 5205. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 5206. Authorized NOAA corps strength.CommentsClose CommentsPermalink
PART II--Ocean Exploration
subpart a--exploration
Sec. 5211. Purpose.CommentsClose CommentsPermalink
Sec. 5212. Program established.CommentsClose CommentsPermalink
Sec. 5213. Powers and duties of the Administrator.CommentsClose CommentsPermalink
Sec. 5214. Ocean exploration and undersea research technology and infrastructure task force.CommentsClose CommentsPermalink
Sec. 5215. Ocean Exploration Advisory Board.CommentsClose CommentsPermalink
Sec. 5216. Authorization of appropriations.CommentsClose CommentsPermalink
subpart b--noaa undersea research program act of 2008
Sec. 5221. Short title.CommentsClose CommentsPermalink
Sec. 5222. Program established.CommentsClose CommentsPermalink
Sec. 5223. Powers of program director.CommentsClose CommentsPermalink
Sec. 5224. Administrative structure.CommentsClose CommentsPermalink
Sec. 5225. Research, exploration, education, and technology programs.CommentsClose CommentsPermalink
Sec. 5226. Competitiveness.CommentsClose CommentsPermalink
Sec. 5227. Authorization of appropriations.CommentsClose CommentsPermalink
PART III--Ocean and Coastal Mapping Integration Act
Sec. 5231. Short title.CommentsClose CommentsPermalink
Sec. 5232. Establishment of program.CommentsClose CommentsPermalink
Sec. 5233. Interagency committee on ocean and coastal mapping.CommentsClose CommentsPermalink
Sec. 5234. Biannual reports.CommentsClose CommentsPermalink
Sec. 5235. Plan.CommentsClose CommentsPermalink
Sec. 5236. Effect on other laws.CommentsClose CommentsPermalink
Sec. 5237. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 5238. Definitions.CommentsClose CommentsPermalink
PART IV--National Sea Grant College Program Amendments Act of 2008
Sec. 5241. Short title.CommentsClose CommentsPermalink
Sec. 5242. References.CommentsClose CommentsPermalink
Sec. 5243. Findings and purpose.CommentsClose CommentsPermalink
Sec. 5244. Definitions.CommentsClose CommentsPermalink
Sec. 5245. National Sea Grant College Program.CommentsClose CommentsPermalink
Sec. 5246. Program or project grants and contracts.CommentsClose CommentsPermalink
Sec. 5247. Extension services by Sea Grant Colleges and Sea Grant Institutes.CommentsClose CommentsPermalink
Sec. 5248. Fellowships.CommentsClose CommentsPermalink
Sec. 5249. National Sea Grant Advisory Board.CommentsClose CommentsPermalink
Sec. 5250. Authorization of appropriations.CommentsClose CommentsPermalink
PART V--Integrated Coastal and Ocean Observation System Act of 2008
Sec. 5261. Short title.CommentsClose CommentsPermalink
Sec. 5262. Purposes.CommentsClose CommentsPermalink
Sec. 5263. Definitions.CommentsClose CommentsPermalink
Sec. 5264. Integrated coastal and ocean observing system.CommentsClose CommentsPermalink
Sec. 5265. Interagency financing and agreements.CommentsClose CommentsPermalink
Sec. 5266. Application with other laws.CommentsClose CommentsPermalink
Sec. 5267. Report to Congress.CommentsClose CommentsPermalink
Sec. 5268. Public-private use policy.CommentsClose CommentsPermalink
Sec. 5269. Independent cost estimate.CommentsClose CommentsPermalink
Sec. 5270. Intent of Congress.CommentsClose CommentsPermalink
Sec. 5271. Authorization of appropriations.CommentsClose CommentsPermalink
PART VI--Federal Ocean Acidification Research and Monitoring Act of 2008
Sec. 5281. Short title.CommentsClose CommentsPermalink
Sec. 5282. Purposes.CommentsClose CommentsPermalink
Sec. 5283. Definitions.CommentsClose CommentsPermalink
Sec. 5284. Interagency subcommittee.CommentsClose CommentsPermalink
Sec. 5285. Strategic research plan.CommentsClose CommentsPermalink
Sec. 5286. NOAA ocean acidification activities.CommentsClose CommentsPermalink
Sec. 5287. NSF ocean acidification activities.CommentsClose CommentsPermalink
Sec. 5288. NASA ocean acidification activities.CommentsClose CommentsPermalink
Sec. 5289. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VI--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS
Subtitle A--National Capital Transportation Amendments Act of 2008
Sec. 6101. Short title; findings.CommentsClose CommentsPermalink
Sec. 6102. Authorization for Capital and Preventive Maintenance projects for Washington Metropolitan Area Transit Authority.CommentsClose CommentsPermalink
Subtitle B--Preservation of Records of Servitude, Emancipation, and Post-Civil War Reconstruction Act
Sec. 6201. Short title.CommentsClose CommentsPermalink
Sec. 6202. Establishment of national database.CommentsClose CommentsPermalink
Sec. 6203. Grants for establishment of State and local databases.CommentsClose CommentsPermalink
Sec. 6204. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--Predisaster Hazard Mitigation Act of 2008
Sec. 6301. Short title.CommentsClose CommentsPermalink
Sec. 6302. Predisaster hazard mitigation.CommentsClose CommentsPermalink
Sec. 6303. Flood control projects.CommentsClose CommentsPermalink
Sec. 6304. Technical and conforming amendments.CommentsClose CommentsPermalink
TITLE VII--RULES AND ADMINISTRATION PROVISIONS
Sec. 7001. Construction of greenhouse facility.CommentsClose CommentsPermalink
TITLE I--HEALTHCARE PROVISIONSCommentsClose CommentsPermalink
Subtitle A--ALS Registry ActCommentsClose CommentsPermalink
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ‘ALS Registry Act’.CommentsClose CommentsPermalink
SEC. 1002. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (
‘SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
‘(a) Establishment-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 1 year after the receipt of the report described in subsection (b)(2)(A), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall--CommentsClose CommentsPermalink
‘(A) develop a system to collect data on amyotrophic lateral sclerosis (referred to in this section as ‘ALS’) and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS, including information with respect to the incidence and prevalence of the disease in the United States; andCommentsClose CommentsPermalink
‘(B) establish a national registry for the collection and storage of such data to develop a population-based registry of cases in the United States of ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS.CommentsClose CommentsPermalink
‘(2) PURPOSE- It is the purpose of the registry established under paragraph (1)(B) to--CommentsClose CommentsPermalink
‘(A) better describe the incidence and prevalence of ALS in the United States;CommentsClose CommentsPermalink
‘(B) examine appropriate factors, such as environmental and occupational, that may be associated with the disease;CommentsClose CommentsPermalink
‘(C) better outline key demographic factors (such as age, race or ethnicity, gender, and family history of individuals who are diagnosed with the disease) associated with the disease;CommentsClose CommentsPermalink
‘(D) better examine the connection between ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS; andCommentsClose CommentsPermalink
‘(E) other matters as recommended by the Advisory Committee established under subsection (b).CommentsClose CommentsPermalink
‘(b) Advisory Committee-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish a committee to be known as the Advisory Committee on the National ALS Registry (referred to in this section as the ‘Advisory Committee’). The Advisory Committee shall be composed of not more than 27 members to be appointed by the Secretary, acting through the Centers for Disease Control and Prevention, of which--CommentsClose CommentsPermalink
‘(A) two-thirds of such members shall represent governmental agencies--CommentsClose CommentsPermalink
‘(i) including at least one member representing--CommentsClose CommentsPermalink
‘(I) the National Institutes of Health, to include, upon the recommendation of the Director of the National Institutes of Health, representatives from the National Institute of Neurological Disorders and Stroke and the National Institute of Environmental Health Sciences;CommentsClose CommentsPermalink
‘(II) the Department of Veterans Affairs;CommentsClose CommentsPermalink
‘(III) the Agency for Toxic Substances and Disease Registry; andCommentsClose CommentsPermalink
‘(IV) the Centers for Disease Control and Prevention; andCommentsClose CommentsPermalink
‘(ii) of which at least one such member shall be a clinician with expertise on ALS and related diseases, an epidemiologist with experience in data registries, a statistician, an ethicist, and a privacy expert (relating to the privacy regulations under the Health Insurance Portability and Accountability Act of 1996); andCommentsClose CommentsPermalink
‘(B) one-third of such members shall be public members, including at least one member representing--CommentsClose CommentsPermalink
‘(i) national and voluntary health associations;CommentsClose CommentsPermalink
‘(ii) patients with ALS or their family members;CommentsClose CommentsPermalink
‘(iii) clinicians with expertise on ALS and related diseases;CommentsClose CommentsPermalink
‘(iv) epidemiologists with experience in data registries;CommentsClose CommentsPermalink
‘(v) geneticists or experts in genetics who have experience with the genetics of ALS or other neurological diseases andCommentsClose CommentsPermalink
‘(vi) other individuals with an interest in developing and maintaining the National ALS Registry.CommentsClose CommentsPermalink
‘(2) DUTIES- The Advisory Committee shall review information and make recommendations to the Secretary concerning--CommentsClose CommentsPermalink
‘(A) the development and maintenance of the National ALS Registry;CommentsClose CommentsPermalink
‘(B) the type of information to be collected and stored in the Registry;CommentsClose CommentsPermalink
‘(C) the manner in which such data is to be collected;CommentsClose CommentsPermalink
‘(D) the use and availability of such data including guidelines for such use; andCommentsClose CommentsPermalink
‘(E) the collection of information about diseases and disorders that primarily affect motor neurons that are considered essential to furthering the study and cure of ALS.CommentsClose CommentsPermalink
‘(3) REPORT- Not later than 270 days after the date on which the Advisory Committee is established, the Advisory Committee shall submit a report to the Secretary concerning the review conducted under paragraph (2) that contains the recommendations of the Advisory Committee with respect to the results of such review.CommentsClose CommentsPermalink
‘(c) Grants- The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the collection, analysis, and reporting of data on ALS and other motor neuron disorders that can be confused with ALS, misdiagnosed as ALS, and in some cases progress to ALS after receiving the report under subsection (b)(3).CommentsClose CommentsPermalink
‘(d) Coordination With State, Local, and Federal Registries-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In establishing the National ALS Registry under subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall--CommentsClose CommentsPermalink
‘(A) identify, build upon, expand, and coordinate among existing data and surveillance systems, surveys, registries, and other Federal public health and environmental infrastructure wherever possible, which may include--CommentsClose CommentsPermalink
‘(i) any registry pilot projects previously supported by the Centers for Disease Control and Prevention;CommentsClose CommentsPermalink
‘(ii) the Department of Veterans Affairs ALS Registry;CommentsClose CommentsPermalink
‘(iii) the DNA and Cell Line Repository of the National Institute of Neurological Disorders and Stroke Human Genetics Resource Center at the National Institutes of Health;CommentsClose CommentsPermalink
‘(iv) Agency for Toxic Substances and Disease Registry studies, including studies conducted in Illinois, Missouri, El Paso and San Antonio, Texas, and Massachusetts;CommentsClose CommentsPermalink
‘(v) State-based ALS registries;CommentsClose CommentsPermalink
‘(vi) the National Vital Statistics System; andCommentsClose CommentsPermalink
‘(vii) any other existing or relevant databases that collect or maintain information on those motor neuron diseases recommended by the Advisory Committee established in subsection (b); andCommentsClose CommentsPermalink
‘(B) provide for research access to ALS data as recommended by the Advisory Committee established in subsection (b) to the extent permitted by applicable statutes and regulations and in a manner that protects personal privacy consistent with applicable privacy statutes and regulations.CommentsClose CommentsPermalink
‘(2) COORDINATION WITH NIH AND DEPARTMENT OF VETERANS AFFAIRS- Consistent with applicable privacy statutes and regulations, the Secretary shall ensure that epidemiological and other types of information obtained under subsection (a) is made available to the National Institutes of Health and the Department of Veterans Affairs.CommentsClose CommentsPermalink
‘(e) Definition- For the purposes of this section, the term ‘national voluntary health association’ means a national non-profit organization with chapters or other affiliated organizations in States throughout the United States with experience serving the population of individuals with ALS and have demonstrated experience in ALS research, care, and patient services.CommentsClose CommentsPermalink
‘(f) Authorization of Appropriations- There are authorized to be appropriated to carry out this section, $2,000,000 for fiscal year 2009, $25,000,000 for fiscal year 2010, and $16,000,000 for each of fiscal years 2011 through 2013.’.CommentsClose CommentsPermalink
SEC. 1003. REPORT ON REGISTRIES.
Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report outlining--CommentsClose CommentsPermalink
(1) the registries currently under way;CommentsClose CommentsPermalink
(2) future planned registries;CommentsClose CommentsPermalink
(3) the criteria involved in determining what registries to conduct, defer, or suspend; andCommentsClose CommentsPermalink
(4) the scope of those registries.CommentsClose CommentsPermalink
The report shall also include a description of the activities the Secretary undertakes to establish partnerships with research and patient advocacy communities to expand registries.CommentsClose CommentsPermalink
Subtitle B--Christoper and Dana Reeve Paralysis ActCommentsClose CommentsPermalink
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ‘Christopher and Dana Reeve Paralysis Act’.CommentsClose CommentsPermalink
PART I--PARALYSIS RESEARCH
SEC. 1111. EXPANSION AND COORDINATION OF ACTIVITIES OF THE NATIONAL INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON PARALYSIS.
(a) Coordination- The Director of the National Institutes of Health (referred to in this subtitle as the ‘Director’), pursuant to the general authority of the Director, may develop mechanisms to coordinate the paralysis research and rehabilitation activities of the Institutes and Centers of the National Institutes of Health in order to further advance such activities and avoid duplication of activities.CommentsClose CommentsPermalink
(b) Christopher and Dana Reeve Paralysis Research Consortia-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director may under subsection (a) make awards of grants to public or private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. The Director shall designate each consortium funded under grants as a Christopher and Dana Reeve Paralysis Research Consortium.CommentsClose CommentsPermalink
(2) RESEARCH- Each consortium under paragraph (1)--CommentsClose CommentsPermalink
(A) may conduct basic, translational and clinical paralysis research;CommentsClose CommentsPermalink
(B) may focus on advancing treatments and developing therapies in paralysis research;CommentsClose CommentsPermalink
(C) may focus on one or more forms of paralysis that result from central nervous system trauma or stroke;CommentsClose CommentsPermalink
(D) may facilitate and enhance the dissemination of clinical and scientific findings; andCommentsClose CommentsPermalink
(E) may replicate the findings of consortia members or other researchers for scientific and translational purposes.CommentsClose CommentsPermalink
(3) COORDINATION OF CONSORTIA; REPORTS- The Director may, as appropriate, provide for the coordination of information among consortia under paragraph (1) and ensure regular communication between members of the consortia, and may require the periodic preparation of reports on the activities of the consortia and the submission of the reports to the Director.CommentsClose CommentsPermalink
(4) ORGANIZATION OF CONSORTIA- Each consortium under paragraph (1) may use the facilities of a single lead institution, or be formed from several cooperating institutions, meeting such requirements as may be prescribed by the Director.CommentsClose CommentsPermalink
(c) Public Input- The Director may provide for a mechanism to educate and disseminate information on the existing and planned programs and research activities of the National Institutes of Health with respect to paralysis and through which the Director can receive comments from the public regarding such programs and activities.CommentsClose CommentsPermalink
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.
(a) In General- The Director, pursuant to the general authority of the Director, may make awards of grants to public or private entities to pay all or part of the costs of planning, establishing, improving, and providing basic operating support to multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on one or more forms of paralysis that result from central nervous system trauma, disorders, or stroke, or any combination of such conditions.CommentsClose CommentsPermalink
(b) Research- Each multicenter clinical trial network may--CommentsClose CommentsPermalink
(1) focus on areas of key scientific concern, including--CommentsClose CommentsPermalink
(A) improving functional mobility;CommentsClose CommentsPermalink
(B) promoting behavioral adaptation to functional losses, especially to prevent secondary complications;CommentsClose CommentsPermalink
(C) assessing the efficacy and outcomes of medical rehabilitation therapies and practices and assisting technologies;CommentsClose CommentsPermalink
(D) developing improved assistive technology to improve function and independence; andCommentsClose CommentsPermalink
(E) understanding whole body system responses to physical impairments, disabilities, and societal and functional limitations; andCommentsClose CommentsPermalink
(2) replicate the findings of network members for scientific and translation purposes.CommentsClose CommentsPermalink
(c) Coordination of Clinical Trials Networks; Reports- The Director may, as appropriate, provide for the coordination of information among networks and ensure regular communication between members of the networks, and may require the periodic preparation of reports on the activities of the networks and submission of reports to the Director.CommentsClose CommentsPermalink
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.
(a) In General- The Secretary of Health and Human Services (in this part referred to as the ‘Secretary’) may study the unique health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts.CommentsClose CommentsPermalink
(b) Certain Activities- Activities under subsection (a) may include--CommentsClose CommentsPermalink
(1) the development of a national paralysis and physical disability quality of life action plan, to promote health and wellness in order to enhance full participation, independent living, self-sufficiency and equality of opportunity in partnership with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Disability and Health Program of the Centers for Disease Control and Prevention;CommentsClose CommentsPermalink
(2) support for programs to disseminate information involving care and rehabilitation options and quality of life grant programs supportive of community based programs and support systems for persons with paralysis and other physical disabilities;CommentsClose CommentsPermalink
(3) in collaboration with other centers and national voluntary health agencies, establish a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; andCommentsClose CommentsPermalink
(4) the replication and translation of best practices and the sharing of information across States, as well as the development of comprehensive, unique and innovative programs, services, and demonstrations within existing State-based disability and health programs of the Centers for Disease Control and Prevention which are designed to support and advance quality of life programs for persons living with paralysis and other physical disabilities focusing on--CommentsClose CommentsPermalink
(A) caregiver education;CommentsClose CommentsPermalink
(B) promoting proper nutrition, increasing physical activity, and reducing tobacco use;CommentsClose CommentsPermalink
(C) education and awareness programs for health care providers;CommentsClose CommentsPermalink
(D) prevention of secondary complications;CommentsClose CommentsPermalink
(E) home and community-based interventions;CommentsClose CommentsPermalink
(F) coordinating services and removing barriers that prevent full participation and integration into the community; andCommentsClose CommentsPermalink
(G) recognizing the unique needs of underserved populations.CommentsClose CommentsPermalink
(c) Grants- The Secretary may award grants in accordance with the following:CommentsClose CommentsPermalink
(1) To State and local health and disability agencies for the purpose of--CommentsClose CommentsPermalink
(A) establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions;CommentsClose CommentsPermalink
(B) developing comprehensive paralysis and other physical disability action plans and activities focused on the items listed in subsection (b)(4);CommentsClose CommentsPermalink
(C) assisting State-based programs in establishing and implementing partnerships and collaborations that maximize the input and support of people with paralysis and other physical disabilities and their constituent organizations;CommentsClose CommentsPermalink
(D) coordinating paralysis and physical disability activities with existing State-based disability and health programs;CommentsClose CommentsPermalink
(E) providing education and training opportunities and programs for health professionals and allied caregivers; andCommentsClose CommentsPermalink
(F) developing, testing, evaluating, and replicating effective intervention programs to maintain or improve health and quality of life.CommentsClose CommentsPermalink
(2) To private health and disability organizations for the purpose of--CommentsClose CommentsPermalink
(A) disseminating information to the public;CommentsClose CommentsPermalink
(B) improving access to services for persons living with paralysis and other physical disabilities and their caregivers;CommentsClose CommentsPermalink
(C) testing model intervention programs to improve health and quality of life; andCommentsClose CommentsPermalink
(D) coordinating existing services with State-based disability and health programs.CommentsClose CommentsPermalink
(d) Coordination of Activities- The Secretary shall ensure that activities under this section are coordinated as appropriate with other agencies of the Department of Health and Human Services.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for each of fiscal years 2009 through 2012.CommentsClose CommentsPermalink
Subtitle C--Stroke Treatment and Ongoing Prevention ActCommentsClose CommentsPermalink
SEC. 1201. SHORT TITLE.
This subtitle may be cited as the ‘Stroke Treatment and Ongoing Prevention Act’.CommentsClose CommentsPermalink
SEC. 1202. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE PROGRAMS.
(a) Stroke Education and Information Programs- Title III of the Public Health Service Act (
‘PART S--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS
‘SEC. 399FF. STROKE PREVENTION AND EDUCATION CAMPAIGN.
‘(a) In General- The Secretary shall carry out an education and information campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment.CommentsClose CommentsPermalink
‘(b) Authorized Activities- In implementing the education and information campaign under subsection (a), the Secretary may--CommentsClose CommentsPermalink
‘(1) make public service announcements about the warning signs of stroke and the importance of treating stroke as a medical emergency;CommentsClose CommentsPermalink
‘(2) provide education regarding ways to prevent stroke and the effectiveness of stroke treatment; andCommentsClose CommentsPermalink
‘(3) carry out other activities that the Secretary determines will promote prevention practices among the general public and increase the number of stroke patients who seek immediate care.CommentsClose CommentsPermalink
‘(c) Measurements- In implementing the education and information campaign under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
‘(1) measure public awareness before the start of the campaign to provide baseline data that will be used to evaluate the effectiveness of the public awareness efforts;CommentsClose CommentsPermalink
‘(2) establish quantitative benchmarks to measure the impact of the campaign over time; andCommentsClose CommentsPermalink
‘(3) measure the impact of the campaign not less than once every 2 years or, if determined appropriate by the Secretary, at shorter intervals.CommentsClose CommentsPermalink
‘(d) No Duplication of Effort- In carrying out this section, the Secretary shall avoid duplicating existing stroke education efforts by other Federal Government agencies.CommentsClose CommentsPermalink
‘(e) Consultation- In carrying out this section, the Secretary may consult with organizations and individuals with expertise in stroke prevention, diagnosis, treatment, and rehabilitation.CommentsClose CommentsPermalink
‘SEC. 399GG. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND CLEARINGHOUSE.
‘The Secretary, acting through the Centers for Disease Control and Prevention, shall maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by--CommentsClose CommentsPermalink
‘(1) continuing to develop and collect specific data points and appropriate benchmarks for analyzing care of acute stroke patients;CommentsClose CommentsPermalink
‘(2) collecting, compiling, and disseminating information on the achievements of, and problems experienced by, State and local agencies and private entities in developing and implementing emergency medical systems and hospital-based quality of care interventions; andCommentsClose CommentsPermalink
‘(3) carrying out any other activities the Secretary determines to be useful to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse to reflect the latest advances in all forms of stroke care.CommentsClose CommentsPermalink
‘SEC. 399HH. STROKE DEFINITION.
‘For purposes of this part, the term ‘stroke’ means a ‘brain attack’ in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures.CommentsClose CommentsPermalink
‘SEC. 399II. AUTHORIZATION OF APPROPRIATIONS.
‘There is authorized to be appropriated to carry out this part $5,000,000 for each of fiscal years 2009 through 2013.’.CommentsClose CommentsPermalink
(b) Emergency Medical Professional Development- Section 1251 of the Public Health Service Act (
42 U.S.C. 300d-51 ) is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND TRAUMATIC INJURY TREATMENT AND PREVENTION.
‘(a) Residency and Other Professional Training- The Secretary may make grants to public and nonprofit entities for the purpose of planning, developing, and enhancing approved residency training programs and other professional training for appropriate health professions in emergency medicine, including emergency medical services professionals, to improve stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation.CommentsClose CommentsPermalink
‘(b) Continuing Education on Stroke and Traumatic Injury-CommentsClose CommentsPermalink
‘(1) GRANTS- The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to qualified entities for the development and implementation of education programs for appropriate health care professionals in the use of newly developed diagnostic approaches, technologies, and therapies for health professionals involved in the prevention, diagnosis, treatment, and rehabilitation of stroke or traumatic injury.CommentsClose CommentsPermalink
‘(2) DISTRIBUTION OF GRANTS- In awarding grants under this subsection, the Secretary shall give preference to qualified entities that will train health care professionals that serve areas with a significant incidence of stroke or traumatic injuries.CommentsClose CommentsPermalink
‘(3) APPLICATION- A qualified entity desiring a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan for the rigorous evaluation of activities carried out with amounts received under the grant.CommentsClose CommentsPermalink
‘(4) DEFINITIONS- For purposes of this subsection:CommentsClose CommentsPermalink
‘(A) The term ‘qualified entity’ means a consortium of public and private entities, such as universities, academic medical centers, hospitals, and emergency medical systems that are coordinating education activities among providers serving in a variety of medical settings.CommentsClose CommentsPermalink
‘(B) The term ‘stroke’ means a ‘brain attack’ in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures.CommentsClose CommentsPermalink
‘(c) Report- Not later than 1 year after the allocation of grants under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the results of activities carried out with amounts received under this section.CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $4,000,000 for each of fiscal years 2009 through 2013. The Secretary shall equitably allocate the funds authorized to be appropriated under this section between efforts to address stroke and efforts to address traumatic injury.’.CommentsClose CommentsPermalink
SEC. 1203. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.
(a) Establishment- Part D of title III of the Public Health Service Act (
‘SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.
‘(a) Grants- The Secretary may make grants to States, and to consortia of public and private entities located in any State that is not a grantee under this section, to conduct a 5-year pilot project over the period of fiscal years 2008 through 2012 to improve stroke patient outcomes by coordinating health care delivery through telehealth networks.CommentsClose CommentsPermalink
‘(b) Administration- The Secretary shall administer this section through the Director of the Office for the Advancement of Telehealth.CommentsClose CommentsPermalink
‘(c) Consultation- In carrying out this section, for the purpose of better coordinating program activities, the Secretary shall consult with--CommentsClose CommentsPermalink
‘(1) officials responsible for other Federal programs involving stroke research and care, including such programs established by the Stroke Treatment and Ongoing Prevention Act; andCommentsClose CommentsPermalink
‘(2) organizations and individuals with expertise in stroke prevention, diagnosis, treatment, and rehabilitation.CommentsClose CommentsPermalink
‘(d) Use of Funds-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary may not make a grant to a State or a consortium under this section unless the State or consortium agrees to use the grant for the purpose of--CommentsClose CommentsPermalink
‘(A) identifying entities with expertise in the delivery of high-quality stroke prevention, diagnosis, treatment, and rehabilitation;CommentsClose CommentsPermalink
‘(B) working with those entities to establish or improve telehealth networks to provide stroke treatment assistance and resources to health care professionals, hospitals, and other individuals and entities that serve stroke patients;CommentsClose CommentsPermalink
‘(C) informing emergency medical systems of the location of entities identified under subparagraph (A) to facilitate the appropriate transport of individuals with stroke symptoms;CommentsClose CommentsPermalink
‘(D) establishing networks to coordinate collaborative activities for stroke prevention, diagnosis, treatment, and rehabilitation;CommentsClose CommentsPermalink
‘(E) improving access to high-quality stroke care, especially for populations with a shortage of stroke care specialists and populations with a high incidence of stroke; andCommentsClose CommentsPermalink
‘(F) conducting ongoing performance and quality evaluations to identify collaborative activities that improve clinical outcomes for stroke patients.CommentsClose CommentsPermalink
‘(2) ESTABLISHMENT OF CONSORTIUM- The Secretary may not make a grant to a State under this section unless the State agrees to establish a consortium of public and private entities, including universities and academic medical centers, to carry out the activities described in paragraph (1).CommentsClose CommentsPermalink
‘(3) PROHIBITION- The Secretary may not make a grant under this section to a State that has an existing telehealth network that is or may be used for improving stroke prevention, diagnosis, treatment, and rehabilitation, or to a consortium located in such a State, unless the State or consortium agrees that--CommentsClose CommentsPermalink
‘(A) the State or consortium will use an existing telehealth network to achieve the purpose of the grant; andCommentsClose CommentsPermalink
‘(B) the State or consortium will not establish a separate network for such purpose.CommentsClose CommentsPermalink
‘(e) Priority- In selecting grant recipients under this section, the Secretary shall give priority to any applicant that submits a plan demonstrating how the applicant, and where applicable the members of the consortium described in subsection (d)(2), will use the grant to improve access to high-quality stroke care for populations with shortages of stroke-care specialists and populations with a high incidence of stroke.CommentsClose CommentsPermalink
‘(f) Grant Period- The Secretary may not award a grant to a State or a consortium under this section for any period that--CommentsClose CommentsPermalink
‘(1) is greater than 3 years; orCommentsClose CommentsPermalink
‘(2) extends beyond the end of fiscal year 2012.CommentsClose CommentsPermalink
‘(g) Restriction on Number of Grants- In carrying out the 5-year pilot project under this section, the Secretary may not award more than 7 grants.CommentsClose CommentsPermalink
‘(h) Application- To seek a grant under this section, a State or a consortium of public and private entities shall submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. At a minimum, the Secretary shall require each such application to outline how the State or consortium will establish baseline measures and benchmarks to evaluate program outcomes.CommentsClose CommentsPermalink
‘(i) Definition- In this section, the term ‘stroke’ means a ‘brain attack’ in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures.CommentsClose CommentsPermalink
‘(j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2009, $13,000,000 for fiscal year 2010, $15,000,000 for fiscal year 2011, $8,000,000 for fiscal year 2012, and $4,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(b) Study; Reports-CommentsClose CommentsPermalink
(1) FINAL REPORT- Not later than March 31, 2014, the Secretary of Health and Human Services shall conduct a study of the results of the telehealth stroke treatment grant program under section 330M of the Public Health Service Act (added by subsection (a)) and submit to the Congress a report on such results that includes the following:CommentsClose CommentsPermalink
(A) An evaluation of the grant program outcomes, including quantitative analysis of baseline and benchmark measures.CommentsClose CommentsPermalink
(B) Recommendations on how to promote stroke networks in ways that improve access to clinical care in rural and urban areas and reduce the incidence of stroke and the debilitating and costly complications resulting from stroke.CommentsClose CommentsPermalink
(C) Recommendations on whether similar telehealth grant programs could be used to improve patient outcomes in other public health areas.CommentsClose CommentsPermalink
(2) INTERIM REPORTS- The Secretary of Health and Human Services may provide interim reports to the Congress on the telehealth stroke treatment grant program under section 330M of the Public Health Service Act (added by subsection (a)) at such intervals as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
SEC. 1204. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to authorize the Secretary of Health and Human Services to establish Federal standards for the treatment of patients or the licensure of health care professionals.CommentsClose CommentsPermalink
Subtitle D--Melanie Blocker Stokes MOTHERS ActCommentsClose CommentsPermalink
SEC. 1301. SHORT TITLE.
This title may be cited as the ‘Melanie Blocker Stokes Mom’s Opportunity to Access Health, Education, Research, and Support for Postpartum Depression Act’ or the ‘Melanie Blocker Stokes MOTHERS Act’.CommentsClose CommentsPermalink
PART I--RESEARCH ON POSTPARTUM CONDITIONS
SEC. 1311. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Definitions- For purposes of this subtitle--CommentsClose CommentsPermalink
(1) the term ‘postpartum conditions’ means postpartum depression and postpartum psychosis; andCommentsClose CommentsPermalink
(2) the term ‘Secretary’ means the Secretary of Health and Human Services.CommentsClose CommentsPermalink
(b) Continuation of Activities- The Secretary is encouraged to continue activities on postpartum conditions.CommentsClose CommentsPermalink
(c) Programs for Postpartum Conditions- In carrying out subsection (b), the Secretary is encouraged to continue research to expand the understanding of the causes of, and treatments for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following:CommentsClose CommentsPermalink
(1) Basic research concerning the etiology and causes of the conditions.CommentsClose CommentsPermalink
(2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions.CommentsClose CommentsPermalink
(3) The development of improved screening and diagnostic techniques.CommentsClose CommentsPermalink
(4) Clinical research for the development and evaluation of new treatments.CommentsClose CommentsPermalink
(5) Information and education programs for health care professionals and the public, which may include a coordinated national campaign to increase the awareness and knowledge of postpartum conditions. Activities under such a national campaign may--CommentsClose CommentsPermalink
(A) include public service announcements through television, radio, and other means; andCommentsClose CommentsPermalink
(B) focus on--CommentsClose CommentsPermalink
(i) raising awareness about screening;CommentsClose CommentsPermalink
(ii) educating new mothers and their families about postpartum conditions to promote earlier diagnosis and treatment; andCommentsClose CommentsPermalink
(iii) ensuring that such education includes complete information concerning postpartum conditions, including its symptoms, methods of coping with the illness, and treatment resources.CommentsClose CommentsPermalink
SEC. 1312. SENSE OF CONGRESS REGARDING LONGITUDINAL STUDY OF RELATIVE MENTAL HEALTH CONSEQUENCES FOR WOMEN OF RESOLVING A PREGNANCY.
(a) Sense of Congress- It is the sense of Congress that the Director of the National Institute of Mental Health may conduct a nationally representative longitudinal study (during the period of fiscal years 2008 through 2018) of the relative mental health consequences for women of resolving a pregnancy (intended and unintended) in various ways, including carrying the pregnancy to term and parenting the child, carrying the pregnancy to term and placing the child for adoption, miscarriage, and having an abortion. This study may assess the incidence, timing, magnitude, and duration of the immediate and long-term mental health consequences (positive or negative) of these pregnancy outcomes.CommentsClose CommentsPermalink
(b) Report- Subject to the completion of the study under subsection (a), beginning not later than 5 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study, such Director may prepare and submit to the Congress reports on the findings of the study.CommentsClose CommentsPermalink
PART II--DELIVERY OF SERVICES REGARDING POSTPARTUM CONDITIONS
SEC. 1321. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General- The Secretary may in accordance with this part make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with a postpartum condition and their families.CommentsClose CommentsPermalink
(b) Recipients of Grant- A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government, a public-private partnership, a recipient of a grant under the Healthy Start program under section 330H of the Public Health Service Act (
(c) Certain Activities- To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide education and services with respect to the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following:CommentsClose CommentsPermalink
(1) Delivering or enhancing outpatient and home-based health and support services, including case management and comprehensive treatment services for individuals with or at risk for postpartum conditions, and delivering or enhancing support services for their families.CommentsClose CommentsPermalink
(2) Delivering or enhancing inpatient care management services that ensure the well-being of the mother and family and the future development of the infant.CommentsClose CommentsPermalink
(3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with a postpartum condition and support services for their families.CommentsClose CommentsPermalink
(4) Providing education to new mothers and, as appropriate, their families about postpartum conditions to promote earlier diagnosis and treatment. Such education may include--CommentsClose CommentsPermalink
(A) providing complete information on postpartum conditions, symptoms, methods of coping with the illness, and treatment resources; andCommentsClose CommentsPermalink
(B) in the case of a grantee that is a State, hospital, or birthing facility--CommentsClose CommentsPermalink
(i) providing education to new mothers and fathers, and other family members as appropriate, concerning postpartum conditions before new mothers leave the health facility; andCommentsClose CommentsPermalink
(ii) ensuring that training programs regarding such education are carried out at the health facility.CommentsClose CommentsPermalink
(d) Integration With Other Programs- To the extent practicable and appropriate, the Secretary may integrate the program under this part with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act.CommentsClose CommentsPermalink
SEC. 1322. CERTAIN REQUIREMENTS.
A grant may be made under section 1321 only if the applicant involved makes the following agreements:CommentsClose CommentsPermalink
(1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions.CommentsClose CommentsPermalink
(2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions.CommentsClose CommentsPermalink
(3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services.CommentsClose CommentsPermalink
(4) The grant will not be expended to make payment for services authorized under section 1321(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services--CommentsClose CommentsPermalink
(A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; orCommentsClose CommentsPermalink
(B) by an entity that provides health services on a prepaid basis.CommentsClose CommentsPermalink
(5) The applicant will, at each site at which the applicant provides services under section 1321(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals.CommentsClose CommentsPermalink
(6) For each grant period, the applicant will submit to the Secretary a report that describes how grant funds were used during such period.CommentsClose CommentsPermalink
SEC. 1323. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities in complying with the requirements of this part in order to make such entities eligible to receive grants under section 1321.CommentsClose CommentsPermalink
PART III--GENERAL PROVISIONS
SEC. 1331. AUTHORIZATION OF APPROPRIATIONS.
To carry out this subtitle and the amendments made by this subtitle, there are authorized to be appropriated, in addition to such other sums as may be available for such purpose--CommentsClose CommentsPermalink
(1) $3,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink
(2) such sums as may be necessary for fiscal years 2010 and 2011.CommentsClose CommentsPermalink
SEC. 1332. REPORT BY THE SECRETARY.
(a) Study- The Secretary shall conduct a study on the benefits of screening for postpartum conditions.CommentsClose CommentsPermalink
(b) Report- Not later than 2 years after the date of the enactment of this Act, the Secretary shall complete the study required by subsection (a) and submit a report to the Congress on the results of such study.CommentsClose CommentsPermalink
SEC. 1333. LIMITATION.
Notwithstanding any other provision of this subtitle, the Secretary may not utilize amounts made available under subtitle to carry out activities or programs that are duplicative of activities or programs that are currently being carried out through the Department of Health and Human Services.CommentsClose CommentsPermalink
Subtitle E--Vision Care for Kids Act of 2008CommentsClose CommentsPermalink
SEC. 1401. SHORT TITLE.
The subtitle may be cited as the ‘Vision Care for Kids Act of 2008’.CommentsClose CommentsPermalink
SEC. 1402. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) Millions of children in the United States suffer from vision problems, many of which go undetected. Because children with vision problems can struggle developmentally, resulting in physical, emotional, and social consequences, good vision is essential for proper physical development and educational progress.CommentsClose CommentsPermalink
(2) Vision problems in children range from common conditions such as refractive errors, amblyopia, strabismus, ocular trauma, and infections, to rare but potentially life- or sight-threatening problems such as retinoblastoma, infantile cataracts, congenital glaucoma, and genetic or metabolic diseases of the eye.CommentsClose CommentsPermalink
(3) Since many serious ocular conditions are treatable if identified in the preschool and early school-age years, early detection provides the best opportunity for effective treatment and can have far-reaching implications for vision.CommentsClose CommentsPermalink
(4) Various identification methods, including vision screening and comprehensive eye examinations required by State laws, can be helpful in identifying children needing services. A child identified as needing services through vision screening should receive a comprehensive eye examination followed by subsequent treatment as needed. Any child identified as needing services should have access to subsequent treatment as needed.CommentsClose CommentsPermalink
(5) There is a need to increase public awareness about the prevalence and devastating consequences of vision disorders in children and to educate the public and health care providers about the warning signs and symptoms of ocular and vision disorders and the benefits of early detection, evaluation, and treatment.CommentsClose CommentsPermalink
SEC. 1403. GRANTS REGARDING VISION CARE FOR CHILDREN.
(a) In General- The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’), acting through the Director of the Centers for Disease Control and Prevention, may award grants to States on the basis of an established review process for the purpose of complementing existing State efforts for--CommentsClose CommentsPermalink
(1) providing comprehensive eye examinations by a licensed optometrist or ophthalmologist for children who have been previously identified through a vision screening or eye examination by a licensed health care provider or vision screener as needing such services, with priority given to children who are under the age of 9 years;CommentsClose CommentsPermalink
(2) providing treatment or services, subsequent to the examinations described in paragraph (1), necessary to correct vision problems; andCommentsClose CommentsPermalink
(3) developing and disseminating, to parents, teachers, and health care practitioners, educational materials on recognizing signs of visual impairment in children.CommentsClose CommentsPermalink
(b) Criteria and Coordination-CommentsClose CommentsPermalink
(1) CRITERIA- The Secretary, in consultation with appropriate professional and patient organizations including individuals with knowledge of age appropriate vision services, shall develop criteria--CommentsClose CommentsPermalink
(A) governing the operation of the grant program under subsection (a); andCommentsClose CommentsPermalink
(B) for the collection of data related to vision assessment and the utilization of follow-up services.CommentsClose CommentsPermalink
(2) COORDINATION- The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers) (
(c) Application- To be eligible to receive a grant under subsection (a), a State shall submit to the Secretary an application in such form, made in such manner, and containing such information as the Secretary may require, including--CommentsClose CommentsPermalink
(1) information on existing Federal, Federal-State, or State-funded children’s vision programs;CommentsClose CommentsPermalink
(2) a plan for the use of grant funds, including how funds will be used to complement existing State efforts (including possible partnerships with non-profit entities);CommentsClose CommentsPermalink
(3) a plan to determine if a grant eligible child has been identified as provided for in subsection (a); andCommentsClose CommentsPermalink
(4) a description of how funds will be used to provide items or services, only as a secondary payer--CommentsClose CommentsPermalink
(A) for an eligible child, to the extent that the child is not covered for the items or services under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; orCommentsClose CommentsPermalink
(B) for an eligible child, to the extent that the child receives the items or services from an entity that provides health services on a prepaid basis.CommentsClose CommentsPermalink
(d) Evaluations- To be eligible to receive a grant under subsection (a), a State shall agree that, not later than 1 year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including--CommentsClose CommentsPermalink
(1) an assessment of the utilization of vision services and the status of children receiving these services as a result of the activities carried out under the grant;CommentsClose CommentsPermalink
(2) the collection, analysis, and reporting of children’s vision data according to guidelines prescribed by the Secretary; andCommentsClose CommentsPermalink
(3) such other information as the Secretary may require.CommentsClose CommentsPermalink
(e) Limitations in Expenditure of Grant- A grant may be made under subsection (a) only if the State involved agrees that the State will not expend more than 20 percent of the amount received under the grant to carry out the purpose described in paragraph (3) of such subsection.CommentsClose CommentsPermalink
(f) Matching Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- With respect to the costs of the activities to be carried out with a grant under subsection (a), a condition for the receipt of the grant is that the State involved agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 25 percent of such costs.CommentsClose CommentsPermalink
(2) DETERMINATION OF AMOUNT CONTRIBUTED- Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.CommentsClose CommentsPermalink
(g) Definition- For purposes of this section, the term ‘comprehensive eye examination’ includes an assessment of a patient’s history, general medical observation, external and ophthalmoscopic examination, visual acuity, ocular alignment and motility, refraction, and as appropriate, binocular vision or gross visual fields, performed by an optometrist or an ophthalmologist.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- For the purpose of carrying out this section, there is authorized to be appropriated $65,000,000 for the period of fiscal years 2009 through 2013.CommentsClose CommentsPermalink
Subtitle F--Prenatally and Postnatally Diagnosed Conditions Awareness ActCommentsClose CommentsPermalink
SEC. 1501. SHORT TITLE.
This subtitle may be cited As the ‘Prenatally and Postnatally Diagnosed Conditions Awareness Act’.CommentsClose CommentsPermalink
SEC. 1502. PURPOSES.
It is the purpose of this subtitle to--CommentsClose CommentsPermalink
(1) increase patient referrals to providers of key support services for women who have received a positive diagnosis for Down syndrome, or other prenatally or postnatally diagnosed conditions, as well as to provide up-to-date information on the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes;CommentsClose CommentsPermalink
(2) strengthen existing networks of support through the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and other patient and provider outreach programs; andCommentsClose CommentsPermalink
(3) ensure that patients receive up-to-date, evidence-based information about the accuracy of the test.CommentsClose CommentsPermalink
SEC. 1503. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (
‘SEC. 399S. SUPPORT FOR PATIENTS RECEIVING A POSITIVE DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY OR POSTNATALLY DIAGNOSED CONDITIONS.
‘(a) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) DOWN SYNDROME- The term ‘Down syndrome’ refers to a chromosomal disorder caused by an error in cell division that results in the presence of an extra whole or partial copy of chromosome 21.CommentsClose CommentsPermalink
‘(2) HEALTH CARE PROVIDER- The term ‘health care provider’ means any person or entity required by State or Federal law or regulation to be licensed, registered, or certified to provide health care services, and who is so licensed, registered, or certified.CommentsClose CommentsPermalink
‘(3) POSTNATALLY DIAGNOSED CONDITION- The term ‘postnatally diagnosed condition’ means any health condition identified during the 12-month period beginning at birth.CommentsClose CommentsPermalink
‘(4) PRENATALLY DIAGNOSED CONDITION- The term ‘prenatally diagnosed condition’ means any fetal health condition identified by prenatal genetic testing or prenatal screening procedures.CommentsClose CommentsPermalink
‘(5) PRENATAL TEST- The term ‘prenatal test’ means diagnostic or screening tests offered to pregnant women seeking routine prenatal care that are administered on a required or recommended basis by a health care provider based on medical history, family background, ethnic background, previous test results, or other risk factors.CommentsClose CommentsPermalink
‘(b) Information and Support Services-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary, acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, or the Administrator of the Health Resources and Services Administration, may authorize and oversee certain activities, including the awarding of grants, contracts or cooperative agreements to eligible entities, to--CommentsClose CommentsPermalink
‘(A) collect, synthesize, and disseminate current evidence-based information relating to Down syndrome or other prenatally or postnatally diagnosed conditions; andCommentsClose CommentsPermalink
‘(B) coordinate the provision of, and access to, new or existing supportive services for patients receiving a positive diagnosis for Down syndrome or other prenatally or postnatally diagnosed conditions, including--CommentsClose CommentsPermalink
‘(i) the establishment of a resource telephone hotline accessible to patients receiving a positive test result or to the parents of newly diagnosed infants with Down syndrome and other diagnosed conditions;CommentsClose CommentsPermalink
‘(ii) the expansion and further development of the National Dissemination Center for Children with Disabilities, so that such Center can more effectively conduct outreach to new and expecting parents and provide them with up-to-date information on the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes;CommentsClose CommentsPermalink
‘(iii) the expansion and further development of national and local peer-support programs, so that such programs can more effectively serve women who receive a positive diagnosis for Down syndrome or other prenatal conditions or parents of infants with a postnatally diagnosed condition;CommentsClose CommentsPermalink
‘(iv) the establishment of a national registry, or network of local registries, of families willing to adopt newborns with Down syndrome or other prenatally or postnatally diagnosed conditions, and links to adoption agencies willing to place babies with Down syndrome or other prenatally or postnatally diagnosed conditions, with families willing to adopt; andCommentsClose CommentsPermalink
‘(v) the establishment of awareness and education programs for health care providers who provide, interpret, or inform parents of the results of prenatal tests for Down syndrome or other prenatally or postnatally diagnosed conditions, to patients, consistent with the purpose described in section 2(b)(1) of the Prenatally and Postnatally Diagnosed Conditions Awareness Act.CommentsClose CommentsPermalink
‘(2) ELIGIBLE ENTITY- In this subsection, the term ‘eligible entity’ means--CommentsClose CommentsPermalink
‘(A) a State or a political subdivision of a State;CommentsClose CommentsPermalink
‘(B) a consortium of 2 or more States or political subdivisions of States;CommentsClose CommentsPermalink
‘(C) a territory;CommentsClose CommentsPermalink
‘(D) a health facility or program operated by or pursuant to a contract with or grant from the Indian Health Service; orCommentsClose CommentsPermalink
‘(E) any other entity with appropriate expertise in prenatally and postnatally diagnosed conditions (including nationally recognized disability groups), as determined by the Secretary.CommentsClose CommentsPermalink
‘(3) DISTRIBUTION- In distributing funds under this subsection, the Secretary shall place an emphasis on funding partnerships between health care professional groups and disability advocacy organizations.CommentsClose CommentsPermalink
‘(c) Provision of Information to Providers-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A grantee under this section shall make available to health care providers of parents who receive a prenatal or postnatal diagnosis the following:CommentsClose CommentsPermalink
‘(A) Up-to-date, evidence-based, written information concerning the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational, and psychosocial outcomes.CommentsClose CommentsPermalink
‘(B) Contact information regarding support services, including information hotlines specific to Down syndrome or other prenatally or postnatally diagnosed conditions, resource centers or clearinghouses, national and local peer support groups, and other education and support programs as described in subsection (b)(2).CommentsClose CommentsPermalink
‘(2) INFORMATIONAL REQUIREMENTS- Information provided under this subsection shall be--CommentsClose CommentsPermalink
‘(A) culturally and linguistically appropriate as needed by women receiving a positive prenatal diagnosis or the family of infants receiving a postnatal diagnosis; andCommentsClose CommentsPermalink
‘(B) approved by the Secretary.CommentsClose CommentsPermalink
‘(d) Report- Not later than 2 years after the date of enactment of this section, the Government Accountability Office shall submit a report to Congress concerning the effectiveness of current healthcare and family support programs serving as resources for the families of children with disabilities.’.CommentsClose CommentsPermalink
TITLE II--JUDICIARY PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Reconnecting Homeless Youth Act of 2008CommentsClose CommentsPermalink
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ‘Reconnecting Homeless Youth Act of 2008’.CommentsClose CommentsPermalink
SEC. 2102. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink
‘(3) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of--CommentsClose CommentsPermalink
‘(A) safety and structure;CommentsClose CommentsPermalink
‘(B) belonging and membership;CommentsClose CommentsPermalink
‘(C) self-worth and social contribution;CommentsClose CommentsPermalink
‘(D) independence and control over one’s life; andCommentsClose CommentsPermalink
‘(E) closeness in interpersonal relationships.’.CommentsClose CommentsPermalink
SEC. 2103. BASIC CENTER PROGRAM.
(a) Services Provided- Section 311 of the Runaway and Homeless Youth Act (
(1) in subsection (a)(2)(B), by striking clause (i) and inserting the following:CommentsClose CommentsPermalink
‘(i) safe and appropriate shelter provided for not to exceed 21 days; and’; andCommentsClose CommentsPermalink
(2) in subsection (b)(2)--CommentsClose CommentsPermalink
(A) by striking ‘(2) The’ and inserting ‘(2)(A) Except as provided in subparagraph (B), the’;CommentsClose CommentsPermalink
(B) by striking ‘$100,000’ and inserting ‘$200,000’;CommentsClose CommentsPermalink
(C) by striking ‘$45,000’ and inserting ‘$70,000’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) For fiscal years 2009 and 2010, the amount allotted under paragraph (1) with respect to a State for a fiscal year shall be not less than the amount allotted under paragraph (1) with respect to such State for fiscal year 2008.CommentsClose CommentsPermalink
‘(C) Whenever the Secretary determines that any part of the amount allotted under paragraph (1) to a State for a fiscal year will not be obligated before the end of the fiscal year, the Secretary shall reallot such part to the remaining States for obligation for the fiscal year.’.CommentsClose CommentsPermalink
(b) Eligibility- Section 312(b) of the Runaway and Homeless Youth Act (
(1) in paragraph (11), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (12), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(13) shall develop an adequate emergency preparedness and management plan.’.CommentsClose CommentsPermalink
SEC. 2104. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility- Section 322(a) of the Runaway and Homeless Youth Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘directly or indirectly’ and inserting ‘by grant, agreement, or contract’; andCommentsClose CommentsPermalink
(B) by striking ‘services’ the first place it appears and inserting ‘provide, by grant, agreement, or contract, services,’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘a continuous period not to exceed 540 days, except that’ and all that follows and inserting the following: ‘a continuous period not to exceed 635 days, except that a youth in a program under this part who has not reached 18 years of age on the last day of the 635-day period may, if otherwise qualified for the program, remain in the program until the youth’s 18th birthday;’;CommentsClose CommentsPermalink
(3) in paragraph (14), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(4) in paragraph (15), by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
‘(16) to develop an adequate emergency preparedness and management plan.’.CommentsClose CommentsPermalink
SEC. 2105. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘special consideration’ and inserting ‘priority’;CommentsClose CommentsPermalink
(B) in paragraph (8)--CommentsClose CommentsPermalink
(i) by striking ‘to health’ and inserting ‘to quality health’;CommentsClose CommentsPermalink
(ii) by striking ‘mental health care’ and inserting ‘behavioral health care’; andCommentsClose CommentsPermalink
(iii) by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (9), by striking the period at the end and inserting ‘, including access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma or its recognized equivalent, or increasing placement and retention in postsecondary education or advanced workforce training programs; and’; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
‘(10) providing programs, including innovative programs, that assist youth in obtaining and maintaining safe and stable housing, and which may include programs with supportive services that continue after the youth complete the remainder of the programs.’; andCommentsClose CommentsPermalink
(2) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
‘(c) In selecting among applicants for grants under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
‘(1) give priority to applicants who have experience working with runaway or homeless youth; andCommentsClose CommentsPermalink
‘(2) ensure that the applicants selected--CommentsClose CommentsPermalink
‘(A) represent diverse geographic regions of the United States; andCommentsClose CommentsPermalink
‘(B) carry out projects that serve diverse populations of runaway or homeless youth.’.CommentsClose CommentsPermalink
SEC. 2106. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (
‘SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH HOMELESSNESS.
‘(a) Periodic Estimate- Not later than 2 years after the date of enactment of the Reconnecting Homeless Youth Act of 2008, and at 5-year intervals thereafter, the Secretary, in consultation with the United States Interagency Council on Homelessness, shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate, and make available to the public, a report--CommentsClose CommentsPermalink
‘(1) by using the best quantitative and qualitative social science research methods available, containing an estimate of the incidence and prevalence of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age; andCommentsClose CommentsPermalink
‘(2) that includes with such estimate an assessment of the characteristics of such individuals.CommentsClose CommentsPermalink
‘(b) Content- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
‘(1) the results of conducting a survey of, and direct interviews with, a representative sample of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age, to determine past and current--CommentsClose CommentsPermalink
‘(A) socioeconomic characteristics of such individuals; andCommentsClose CommentsPermalink
‘(B) barriers to such individuals obtaining--CommentsClose CommentsPermalink
‘(i) safe, quality, and affordable housing;CommentsClose CommentsPermalink
‘(ii) comprehensive and affordable health insurance and health services; andCommentsClose CommentsPermalink
‘(iii) incomes, public benefits, supportive services, and connections to caring adults; andCommentsClose CommentsPermalink
‘(2) such other information as the Secretary determines, in consultation with States, units of local government, and national nongovernmental organizations concerned with homelessness, may be useful.CommentsClose CommentsPermalink
‘(c) Implementation- If the Secretary enters into any contract with a non-Federal entity for purposes of carrying out subsection (a), such entity shall be a nongovernmental organization, or an individual, determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research.’.CommentsClose CommentsPermalink
SEC. 2107. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(b) of the Runaway and Homeless Youth Act (
SEC. 2108. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
The Runaway and Homeless Youth Act (
(1) by redesignating part F as part G; andCommentsClose CommentsPermalink
(2) by inserting after part E the following:CommentsClose CommentsPermalink
‘PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN
‘SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
‘(a) In General- The Secretary shall, directly or through grants or contracts, conduct a national homeless youth awareness campaign (referred to in this section as the ‘national awareness campaign’) in accordance with this section for purposes of--CommentsClose CommentsPermalink
‘(1) increasing awareness of individuals of all ages, socioeconomic backgrounds, and geographic locations, of the issues facing runway and homeless youth, the resources available for these youth, and the tools available for the prevention of runaway and homeless youth situations; andCommentsClose CommentsPermalink
‘(2) encouraging parents, guardians, educators, health care professionals, social service professionals, law enforcement officials, and other community members to seek to prevent runaway youth and youth homelessness by assisting youth in averting or resolving runaway and homeless youth situations.CommentsClose CommentsPermalink
‘(b) Use of Funds- Funds made available to carry out this section for the national awareness campaign may be used only for the following:CommentsClose CommentsPermalink
‘(1) The dissemination of educational information and materials through various media, including television, radio, the Internet and related technologies, and emerging technologies.CommentsClose CommentsPermalink
‘(2) Partnerships, including outreach activities, with national organizations concerned with youth homelessness, community-based youth service organizations (including faith-based organizations), and government organizations, related to the national awareness campaign.CommentsClose CommentsPermalink
‘(3) In accordance with applicable laws (including regulations), the development and placement of public service announcements, in telecommunications media, including the Internet and related technologies and emerging technologies, that educate the public on--CommentsClose CommentsPermalink
‘(A) the issues facing runaway and homeless youth (or youth considering running away); andCommentsClose CommentsPermalink
‘(B) the opportunities that adults have to assist youth described in subparagraph (A).CommentsClose CommentsPermalink
‘(4) Evaluation of the effectiveness of the national awareness campaign.CommentsClose CommentsPermalink
‘(c) Prohibitions- None of the funds made available under section 388(a)(5) may be obligated or expended for any of the following:CommentsClose CommentsPermalink
‘(1) For activities that supplant pro bono public service time donated by national or local broadcasting networks, advertising agencies, or production companies, or supplant other pro bono work for the national awareness campaign.CommentsClose CommentsPermalink
‘(2) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.CommentsClose CommentsPermalink
‘(3) To fund advertising that features any person seeking elected office.CommentsClose CommentsPermalink
‘(4) To fund advertising that does not contain a primary message intended to educate the public on--CommentsClose CommentsPermalink
‘(A) the issues facing runaway and homeless youth (or youth considering running away); andCommentsClose CommentsPermalink
‘(B) on the opportunities that adults have to help youth described in subparagraph (A).CommentsClose CommentsPermalink
‘(5) To fund advertising that solicits contributions to support the national awareness campaign.CommentsClose CommentsPermalink
‘(d) Financial and Performance Accountability- The Secretary shall perform--CommentsClose CommentsPermalink
‘(1) audits and reviews of costs of the national awareness campaign, pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 (
41 U.S.C. 254d ); andCommentsClose CommentsPermalink‘(2) an audit to determine whether the costs of the national awareness campaign are allowable under section 306 of such Act (
41 U.S.C. 256 ).CommentsClose CommentsPermalink‘(e) Report- The Secretary shall include in each report submitted under section 382 a summary of information about the national awareness campaign that describes--CommentsClose CommentsPermalink
‘(1) the activities undertaken by the national awareness campaign;CommentsClose CommentsPermalink
‘(2) steps taken to ensure that the national awareness campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national awareness campaign; andCommentsClose CommentsPermalink
‘(3) each grant made to, or contract entered into with, a particular corporation, partnership, or individual working on the national awareness campaign.’.CommentsClose CommentsPermalink
SEC. 2109. CONFORMING AMENDMENTS.
(a) Reports- Section 382(a) of the Runaway and Homeless Youth Act (
(b) Consolidated Review- Section 385 of the Runaway and Homeless Youth Act (
(c) Evaluation and Information- Section 386(a) of the Runaway and Homeless Youth Act (
SEC. 2110. PERFORMANCE STANDARDS.
Part G of the Runaway and Homeless Youth Act (
‘SEC. 386A. PERFORMANCE STANDARDS.
‘(a) Establishment of Performance Standards- Not later than 1 year after the date of enactment of the Reconnecting Homeless Youth Act of 2008, the Secretary shall issue rules that specify performance standards for public and nonprofit private entities and agencies that receive grants under sections 311, 321, and 351.CommentsClose CommentsPermalink
‘(b) Consultation- The Secretary shall consult with representatives of public and nonprofit private entities and agencies that receive grants under this title, including statewide and regional nonprofit organizations (including combinations of such organizations) that receive grants under this title, and national nonprofit organizations concerned with youth homelessness, in developing the performance standards required by subsection (a).CommentsClose CommentsPermalink
‘(c) Implementation of Performance Standards- The Secretary shall integrate the performance standards into the processes of the Department of Health and Human Services for grantmaking, monitoring, and evaluation for programs under sections 311, 321, and 351.’.CommentsClose CommentsPermalink
SEC. 2111. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Comptroller General of the United States shall conduct a study, including making findings and recommendations, relating to the processes for making grants under parts A, B, and E of the Runaway and Homeless Youth Act (
(2) SUBJECTS- In particular, the Comptroller General shall study--CommentsClose CommentsPermalink
(A) the Secretary’s written responses to and other communications with applicants who do not receive grants under part A, B, or E of such Act, to determine if the information provided in the responses and communications is conveyed clearly;CommentsClose CommentsPermalink
(B) the content and structure of the grant application documents, and of other associated documents (including grant announcements), to determine if the requirements of the applications and other associated documents are presented and structured in a way that gives an applicant a clear understanding of the information that the applicant must provide in each portion of an application to successfully complete it, and a clear understanding of the terminology used throughout the application and other associated documents;CommentsClose CommentsPermalink
(C) the peer review process for applications for the grants, including the selection of peer reviewers, the oversight of the process by staff of the Department of Health and Human Services, and the extent to which such staff make funding determinations based on the comments and scores of the peer reviewers;CommentsClose CommentsPermalink
(D) the typical timeframe, and the process and responsibilities of such staff, for responding to applicants for the grants, and the efforts made by such staff to communicate with the applicants when funding decisions or funding for the grants is delayed, such as when funding is delayed due to funding of a program through appropriations made under a continuing resolution; andCommentsClose CommentsPermalink
(E) the plans for implementation of, and the implementation of, where practicable, the technical assistance and training programs carried out under section 342 of the Runaway and Homeless Youth Act (
(b) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report containing the findings and recommendations resulting from the study.CommentsClose CommentsPermalink
SEC. 2112. DEFINITIONS.
(a) Homeless Youth- Section 387(3) of the Runaway and Homeless Youth Act (
(1) in the matter preceding subparagraph (A), by striking ‘The’ and all that follows through ‘means’ and inserting ‘The term ‘homeless’, used with respect to a youth, means’; andCommentsClose CommentsPermalink
(2) in subparagraph (A)--CommentsClose CommentsPermalink
(A) in clause (i)--CommentsClose CommentsPermalink
(i) by striking ‘not more than’ each place it appears and inserting ‘less than’; andCommentsClose CommentsPermalink
(ii) by inserting after ‘age’ the last place it appears the following: ‘, or is less than a higher maximum age if the State where the center is located has an applicable State or local law (including a regulation) that permits such higher maximum age in compliance with licensure requirements for child-and youth-serving facilities’; andCommentsClose CommentsPermalink
(B) in clause (ii), by striking ‘age;’ and inserting the following: ‘age and either--CommentsClose CommentsPermalink
‘(I) less than 22 years of age; orCommentsClose CommentsPermalink
‘(II) not less than 22 years of age, as of the expiration of the maximum period of stay permitted under section 322(a)(2) if such individual commences such stay before reaching 22 years of age;’.CommentsClose CommentsPermalink
(b) Runaway Youth- Section 387 of the Runaway and Homeless Youth Act (
(1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
‘(4) RUNAWAY YOUTH- The term ‘runaway’, used with respect to a youth, means an individual who is less than 18 years of age and who absents himself or herself from home or a place of legal residence without the permission of a parent or legal guardian.’.CommentsClose CommentsPermalink
SEC. 2113. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘is authorized’ and inserting ‘are authorized’;CommentsClose CommentsPermalink
(B) by striking ‘part E) $105,000,000 for fiscal year 2004’ and inserting ‘section 345 and parts E and F) $150,000,000 for fiscal year 2009’; andCommentsClose CommentsPermalink
(C) by striking ‘2005, 2006, 2007, and 2008’ and inserting ‘2010, 2011, 2012, and 2013’;CommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) by striking ‘In’ and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- In’;CommentsClose CommentsPermalink
(B) by inserting ‘(other than section 345)’ before the period; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) PERIODIC ESTIMATE- There are authorized to be appropriated to carry out section 345 such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.’;CommentsClose CommentsPermalink
(3) in paragraph (4)--CommentsClose CommentsPermalink
(A) by striking ‘is authorized’ and inserting ‘are authorized’; andCommentsClose CommentsPermalink
(B) by striking ‘such sums as may be necessary for fiscal years 2004, 2005, 2006, 2007, and 2008’ and inserting ‘$30,000,000 for fiscal year 2009 and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(5) PART F- There are authorized to be appropriated to carry out part F $3,000,000 for fiscal year 2009 and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013.’.CommentsClose CommentsPermalink
Subtitle B--Emmett Till Unsolved Civil Rights Crimes Act of 2007CommentsClose CommentsPermalink
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ‘Emmett Till Unsolved Civil Rights Crime Act of 2007’.CommentsClose CommentsPermalink
SEC. 2202. SENSE OF CONGRESS.
It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should--CommentsClose CommentsPermalink
(1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; andCommentsClose CommentsPermalink
(2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved.CommentsClose CommentsPermalink
SEC. 2203. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS DIVISION.
(a) In General- The Attorney General shall designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice (in this subtitle referred to as the ‘Deputy Chief’).CommentsClose CommentsPermalink
(b) Responsibility-CommentsClose CommentsPermalink
(1) IN GENERAL- The Deputy Chief shall be responsible for coordinating the investigation and prosecution of violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink
(2) COORDINATION- In investigating a complaint under paragraph (1), the Deputy Chief may coordinate investigative activities with State and local law enforcement officials.CommentsClose CommentsPermalink
(c) Study and Report-CommentsClose CommentsPermalink
(1) STUDY- The Attorney General shall annually conduct a study of the cases under the jurisdiction of the Deputy Chief or under the jurisdiction of the Supervisory Special Agent and, in conducting the study, shall determine--CommentsClose CommentsPermalink
(A) the number of open investigations within the Department of Justice for violations of criminal civil rights statutes that occurred not later than December 31, 1969;CommentsClose CommentsPermalink
(B) the number of new cases opened pursuant to this subtitle since the most recent study conducted under this paragraph;CommentsClose CommentsPermalink
(C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed;CommentsClose CommentsPermalink
(D) the number of cases referred by the Department of Justice to a State or local law enforcement agency or prosecutor within the study period, the number of such cases that resulted in State charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a jurisdiction declines to prosecute or participate in an investigation of a case so referred, the fact it did so;CommentsClose CommentsPermalink
(E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant Federal statutes;CommentsClose CommentsPermalink
(F) the number of attorneys who worked, in whole or in part, on any case described in subsection (b)(1); andCommentsClose CommentsPermalink
(G) the applications submitted for grants under section 2205, the award of such grants, and the purposes for which the grant amount were expended.CommentsClose CommentsPermalink
(2) REPORT- Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Attorney General shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1).CommentsClose CommentsPermalink
SEC. 2204. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) In General- The Attorney General shall designate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice (in this subtitle referred to as the ‘Supervisory Special Agent’).CommentsClose CommentsPermalink
(b) Responsibility-CommentsClose CommentsPermalink
(1) IN GENERAL- The Supervisory Special Agent shall be responsible for investigating violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink
(2) COORDINATION- In investigating a complaint under paragraph (1), the Supervisory Special Agent may coordinate the investigative activities with State and local law enforcement officials.CommentsClose CommentsPermalink
SEC. 2205. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT.
(a) In General- The Attorney General may make grants to State or local law enforcement agencies for expenses associated with the investigation and prosecution of criminal offenses, involving civil rights, that occurred not later than December 31, 1969, and resulted in a death.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated $2,000,000 for each of fiscal years 2008 through 2017 to carry out this section.CommentsClose CommentsPermalink
SEC. 2206. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated, in addition to any other amounts otherwise authorized to be appropriated for this purpose, to the Attorney General $10,000,000 for each of fiscal years 2008 through 2017 for investigating and prosecuting violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death. Amounts appropriated pursuant to this subsection shall be allocated by the Attorney General to the Deputy Chief and the Supervisory Special Agent in order to advance the purposes set forth in this subtitle.CommentsClose CommentsPermalink
(b) Community Relations Service of the Department of Justice- In addition to any amounts authorized to be appropriated under title XI of the Civil Rights Act of 1964 (
SEC. 2207. DEFINITION OF CRIMINAL CIVIL RIGHTS STATUTES.
In this subtitle, the term ‘criminal civil rights statutes’ means--CommentsClose CommentsPermalink
(1)
(2)
(3)
(4) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage);CommentsClose CommentsPermalink
(5) section 901 of the Fair Housing Act (
(6) any other Federal law that--CommentsClose CommentsPermalink
(A) was in effect on or before December 31, 1969; andCommentsClose CommentsPermalink
(B) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 2208. SUNSET.
Sections 2202 through 2206 of this subtitle shall cease to have force or effect at the end of fiscal year 2017.CommentsClose CommentsPermalink
SEC. 2209. AUTHORITY OF INSPECTORS GENERAL.
Title XXXVII of the Crime Control Act of 1990 (
‘SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.
‘(a) In General- An Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may authorize staff to assist the National Center for Missing and Exploited Children--CommentsClose CommentsPermalink
‘(1) by conducting reviews of inactive case files to develop recommendations for further investigations; andCommentsClose CommentsPermalink
‘(2) by engaging in similar activities.CommentsClose CommentsPermalink
‘(b) Limitations-CommentsClose CommentsPermalink
‘(1) PRIORITY- An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.).CommentsClose CommentsPermalink
‘(2) FUNDING- No additional funds are authorized to be appropriated to carry out this section.’.CommentsClose CommentsPermalink
Subtitle C--Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008CommentsClose CommentsPermalink
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the ‘Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008’.CommentsClose CommentsPermalink
SEC. 2302. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Communities nationwide are struggling to respond to the high numbers of people with mental illnesses involved at all points in the criminal justice system.CommentsClose CommentsPermalink
(2) A 1999 study by the Department of Justice estimated that 16 percent of people incarcerated in prisons and jails in the United States, which is more than 300,000 people, suffer from mental illnesses.CommentsClose CommentsPermalink
(3) Los Angeles County Jail and New York’s Rikers Island jail complex hold more people with mental illnesses than the largest psychiatric inpatient facilities in the United States.CommentsClose CommentsPermalink
(4) State prisoners with a mental health problem are twice as likely as those without a mental health problem to have been homeless in the year before their arrest.CommentsClose CommentsPermalink
SEC. 2303. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS.
(a) Authorization of Appropriations Through 2014- Section 2991(h) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in paragraph (1), by striking at the end ‘and’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘for fiscal years 2006 through 2009.’ and inserting ‘for each of the fiscal years 2006 and 2007; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) $75,000,000 for each of the fiscal years 2009 through 2014.’.CommentsClose CommentsPermalink
(b) Allocation of Funding for Administrative Purposes- Section 2991(h) of such title is further amended--CommentsClose CommentsPermalink
(1) by redesignating paragraphs (1), (2), and (3) (as added by subsection (a)(3)) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly;CommentsClose CommentsPermalink
(2) by striking ‘There are authorized’ and inserting ‘(1) IN GENERAL- There are authorized’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) Allocation of Funding for Administrative Purposes- For fiscal year 2009 and each subsequent fiscal year, of the amounts authorized under paragraph (1) for such fiscal year, the Attorney General may obligate not more than 3 percent for the administrative expenses of the Attorney General in carrying out this section for such fiscal year.’.CommentsClose CommentsPermalink
(c) Additional Applications Receiving Priority- Subsection (c) of such section is amended to read as follows:CommentsClose CommentsPermalink
‘(c) Priority- The Attorney General, in awarding funds under this section, shall give priority to applications that--CommentsClose CommentsPermalink
‘(1) promote effective strategies by law enforcement to identify and to reduce risk of harm to mentally ill offenders and public safety;CommentsClose CommentsPermalink
‘(2) promote effective strategies for identification and treatment of female mentally ill offenders; orCommentsClose CommentsPermalink
‘(3)(A) demonstrate the strongest commitment to ensuring that such funds are used to promote both public health and public safety;CommentsClose CommentsPermalink
‘(B) demonstrate the active participation of each co-applicant in the administration of the collaboration program;CommentsClose CommentsPermalink
‘(C) document, in the case of an application for a grant to be used in whole or in part to fund treatment services for adults or juveniles during periods of incarceration or detention, that treatment programs will be available to provide transition and reentry services for such individuals; andCommentsClose CommentsPermalink
‘(D) have the support of both the Attorney General and the Secretary.’.CommentsClose CommentsPermalink
SEC. 2304. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT GRANTS.
(a) In General- Part HH of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
‘SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT GRANTS.
‘(a) Authorization- The Attorney General is authorized to make grants to States, units of local government, Indian tribes, and tribal organizations for the following purposes:CommentsClose CommentsPermalink
‘(1) TRAINING PROGRAMS- To provide for programs that offer law enforcement personnel specialized and comprehensive training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved.CommentsClose CommentsPermalink
‘(2) RECEIVING CENTERS- To provide for the development of specialized receiving centers to assess individuals in the custody of law enforcement personnel for suicide risk and mental health and substance abuse treatment needs.CommentsClose CommentsPermalink
‘(3) IMPROVED TECHNOLOGY- To provide for computerized information systems (or to improve existing systems) to provide timely information to law enforcement personnel and criminal justice system personnel to improve the response of such respective personnel to mentally ill offenders.CommentsClose CommentsPermalink
‘(4) COOPERATIVE PROGRAMS- To provide for the establishment and expansion of cooperative efforts by criminal and juvenile justice agencies and mental health agencies to promote public safety through the use of effective intervention with respect to mentally ill offenders.CommentsClose CommentsPermalink
‘(5) CAMPUS SECURITY PERSONNEL TRAINING- To provide for programs that offer campus security personnel training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved.CommentsClose CommentsPermalink
‘(b) BJA Training Models- For purposes of subsection (a)(1), the Director of the Bureau of Justice Assistance shall develop training models for training law enforcement personnel in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved, including suicide prevention.CommentsClose CommentsPermalink
‘(c) Matching Funds- The Federal share of funds for a program funded by a grant received under this section may not exceed 75 percent of the costs of the program unless the Attorney General waives, wholly or in part, such funding limitation. The non-Federal share of payments made for such a program may be made in cash or in-kind fairly evaluated, including planned equipment or services.CommentsClose CommentsPermalink
‘(d) Authorization of Appropriations- There are authorized to be appropriated to the Department of Justice to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Such part is further amended by amending the part heading to read as follows: ‘grants to improve treatment of offenders with mental illnesses’.CommentsClose CommentsPermalink
SEC. 2305. IMPROVING THE MENTAL HEALTH COURTS GRANT PROGRAM.
(a) Reauthorization of the Mental Health Courts Grant Program- Section 1001(a)(20) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Additional Grant Uses Authorized- Section 2201 of such title (
(1) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (2) by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(3) pretrial services and related treatment programs for offenders with mental illnesses; andCommentsClose CommentsPermalink
‘(4) developing, implementing, or expanding programs that are alternatives to incarceration for offenders with mental illnesses.’.CommentsClose CommentsPermalink
SEC. 2306. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.
(a) In General-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General shall examine and report on mental illness and the criminal justice system.CommentsClose CommentsPermalink
(2) SCOPE- Congress encourages the Attorney General to specifically examine the following:CommentsClose CommentsPermalink
(A) POPULATIONS- The rate of occurrence of serious mental illnesses in each of the following populations:CommentsClose CommentsPermalink
(i) Individuals, including juveniles, on probation.CommentsClose CommentsPermalink
(ii) Individuals, including juveniles, incarcerated in a jail.CommentsClose CommentsPermalink
(iii) Individuals, including juveniles, incarcerated in a prison.CommentsClose CommentsPermalink
(iv) Individuals, including juveniles, on parole.CommentsClose CommentsPermalink
(B) BENEFITS- The percentage of individuals in each population described in subparagraph (A) who have--CommentsClose CommentsPermalink
(i) a serious mental illness; andCommentsClose CommentsPermalink
(ii) received disability benefits under title II or title XVI of the Social Security Act (
(b) Report- Not later than 36 months after the date of the enactment of this Act, the Attorney General shall submit to Congress the report described in subsection (a).CommentsClose CommentsPermalink
(c) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘serious mental illness’ means that an individual has, or at any time during the 1-year period ending on the date of enactment of this Act had, a covered mental, behavioral, or emotional disorder; andCommentsClose CommentsPermalink
(2) the term ‘covered mental, behavioral, or emotional disorder’--CommentsClose CommentsPermalink
(A) means a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, or the International Classification of Diseases, Ninth Revision, Clinical Modification equivalent of the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition; andCommentsClose CommentsPermalink
(B) does not include a disorder that has a V code within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, a substance use disorder, or a developmental disorder, unless that disorder cooccurs with another disorder described in subparagraph (A) and causes functional impairment which substantially interferes with or limits 1 or more major life activities.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $2,000,000 for 2009.CommentsClose CommentsPermalink
Subtitle D--Effective Child Pornography Prosecution Act of 2007CommentsClose CommentsPermalink
SEC. 7401. SHORT TITLE.
This subtitle may be cited as the ‘Effective Child Pornography Prosecution Act of 2007’.CommentsClose CommentsPermalink
SEC. 7402. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Child pornography is estimated to be a multibillion dollar industry of global proportions, facilitated by the growth of the Internet.CommentsClose CommentsPermalink
(2) Data has shown that 83 percent of child pornography possessors had images of children younger than 12 years old, 39 percent had images of children younger than 6 years old, and 19 percent had images of children younger than 3 years old.CommentsClose CommentsPermalink
(3) Child pornography is a permanent record of a child’s abuse and the distribution of child pornography images revictimizes the child each time the image is viewed.CommentsClose CommentsPermalink
(4) Child pornography is readily available through virtually every Internet technology, including Web sites, email, instant messaging, Internet Relay Chat, newsgroups, bulletin boards, and peer-to-peer.CommentsClose CommentsPermalink
(5) The technological ease, lack of expense, and anonymity in obtaining and distributing child pornography over the Internet has resulted in an explosion in the multijurisdictional distribution of child pornography.CommentsClose CommentsPermalink
(6) The Internet is well recognized as a method of distributing goods and services across State lines.CommentsClose CommentsPermalink
(7) The transmission of child pornography using the Internet constitutes transportation in interstate commerce.CommentsClose CommentsPermalink
SEC. 7403. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General- Chapter 110 of title 18, United States Code, is amended--CommentsClose CommentsPermalink
(1) in section 2251--CommentsClose CommentsPermalink
(A) in each of subsections (a), (b), and (d), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘be transported’;CommentsClose CommentsPermalink
(B) in each of subsections (a) and (b), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘been transported’;CommentsClose CommentsPermalink
(C) in subsection (c), by striking ‘computer’ each place that term appears and inserting ‘using any means or facility of interstate or foreign commerce’; andCommentsClose CommentsPermalink
(D) in subsection (d), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘is transported’;CommentsClose CommentsPermalink
(2) in section 2251A(c), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘or transported’;CommentsClose CommentsPermalink
(3) in section 2252(a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘ships’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘distributes, any visual depiction’; andCommentsClose CommentsPermalink
(ii) by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘depiction for distribution’;CommentsClose CommentsPermalink
(C) in paragraph (3)--CommentsClose CommentsPermalink
(i) by inserting ‘using any means or facility of interstate or foreign commerce’ after ‘so shipped or transported’; andCommentsClose CommentsPermalink
(ii) by striking ‘by any means,’; andCommentsClose CommentsPermalink
(D) in paragraph (4), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘has been shipped or transported’; andCommentsClose CommentsPermalink
(4) in section 2252A(a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘ships’;CommentsClose CommentsPermalink
(B) in paragraph (2), by inserting ‘using any means or facility of interstate or foreign commerce’ after ‘mailed, or’ each place it appears;CommentsClose CommentsPermalink
(C) in paragraph (3), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘mails, or’ each place it appears;CommentsClose CommentsPermalink
(D) in each of paragraphs (4) and (5), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘has been mailed, or shipped or transported’; andCommentsClose CommentsPermalink
(E) in paragraph (6), by inserting ‘using any means or facility of interstate or foreign commerce or’ after ‘has been mailed, shipped, or transported’.CommentsClose CommentsPermalink
(b) Affecting Interstate Commerce- Chapter 110 of title 18, United States Code, is amended in each of sections 2251, 2251A, 2252, and 2252A, by striking ‘in interstate’ each place it appears and inserting ‘in or affecting interstate’.CommentsClose CommentsPermalink
(c) Certain Activities Relating to Material Involving the Sexual Exploitation of Minors-
(d) Certain Activities Relating to Material Constituting or Containing Child Pornography-
Subtitle E--Enhancing the Effective Prosecution of Child Pornography Act of 2007CommentsClose CommentsPermalink
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ‘Enhancing the Effective Prosecution of Child Pornography Act of 2007’.CommentsClose CommentsPermalink
SEC. 2502. MONEY LAUNDERING PREDICATE.
SEC. 2503. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE INTENT TO VIEW CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors-
(1) in subparagraph (A), by inserting ‘, or knowingly accesses with intent to view,’ after ‘possesses’; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by inserting ‘, or knowingly accesses with intent to view,’ after ‘possesses’.CommentsClose CommentsPermalink
(b) Materials Constituting or Containing Child Pornography-
(1) in subparagraph (A), by inserting ‘, or knowingly accesses with intent to view,’ after ‘possesses’; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by inserting ‘, or knowingly accesses with intent to view,’ after ‘possesses’.CommentsClose CommentsPermalink
Subtitle F--Drug Endangered Children Act of 2007CommentsClose CommentsPermalink
SEC. 2601. SHORT TITLE.
This subtitle may be cited as the ‘Drug Endangered Children Act of 2007’.CommentsClose CommentsPermalink
SEC. 2602. DRUG-ENDANGERED CHILDREN GRANT PROGRAM EXTENDED.
Section 755(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (
Subtitle G--Star-Spangled Banner and War of 1812 Bicentennial Commission ActCommentsClose CommentsPermalink
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ‘Star-Spangled Banner and War of 1812 Bicentennial Commission Act’.CommentsClose CommentsPermalink
SEC. 2702. STAR-SPANGLED BANNER AND WAR OF 1812 BICENTENNIAL COMMISSION.
(a) Findings- Congress finds that--CommentsClose CommentsPermalink
(1) the War of 1812 served as a crucial test for the United States Constitution and the newly established democratic Government;CommentsClose CommentsPermalink
(2) vast regions of the new multiparty democracy, including the Chesapeake Bay, the Gulf of Mexico and the Niagara Frontier, were affected by the War of 1812 including the States of Alabama, Connecticut, Delaware, Florida, Georgia, Iowa, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Missouri, Mississippi, New Jersey, North Carolina, New Hampshire, New York, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Vermont, Wisconsin, West Virginia, and the District of Columbia;CommentsClose CommentsPermalink
(3) the British occupation of American territory along the Great Lakes and in other regions, the burning of Washington, DC, the American victories at Fort McHenry, New Orleans, and Plattsburgh, among other battles, had far reaching effects on American society;CommentsClose CommentsPermalink
(4) at the Battle of Baltimore, Francis Scott Key wrote the poem that celebrated the flag and later was titled ‘the Star-Spangled Banner’;CommentsClose CommentsPermalink
(5) the poem led to the establishment of the flag as an American icon and became the words of the national anthem of the United States in 1932; andCommentsClose CommentsPermalink
(6) it is in the national interest to provide for appropriate commemorative activities to maximize public understanding of the meaning of the War of 1812 in the history of the United States.CommentsClose CommentsPermalink
(b) Purposes- The purposes of this section are to--CommentsClose CommentsPermalink
(1) establish the Star-Spangled Banner and War of 1812 Commemoration Commission;CommentsClose CommentsPermalink
(2) ensure a suitable national observance of the War of 1812 by complementing, cooperating with, and providing assistance to the programs and activities of the various States involved in the commemoration;CommentsClose CommentsPermalink
(3) encourage War of 1812 observances that provide an excellent visitor experience and beneficial interaction between visitors and the natural and cultural resources of the various War of 1812 sites;CommentsClose CommentsPermalink
(4) facilitate international involvement in the War of 1812 observances;CommentsClose CommentsPermalink
(5) support and facilitate marketing efforts for a commemorative coin, stamp, and related activities for the War of 1812 observances; andCommentsClose CommentsPermalink
(6) promote the protection of War of 1812 resources and assist in the appropriate development of heritage tourism and economic benefits to the United States.CommentsClose CommentsPermalink
(c) Definitions- In this section:CommentsClose CommentsPermalink
(1) COMMEMORATION- The term ‘commemoration’ means the commemoration of the War of 1812.CommentsClose CommentsPermalink
(2) COMMISSION- The term ‘Commission’ means the Star-Spangled Banner and War of 1812 Bicentennial Commission established in subsection (d)(1).CommentsClose CommentsPermalink
(3) QUALIFIED CITIZEN- The term ‘qualified citizen’ means a citizen of the United States with an interest in, support for, and expertise appropriate to the commemoration.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink
(5) STATES- The term ‘States’--CommentsClose CommentsPermalink
(A) means the States of Alabama, Kentucky, Indiana, Louisiana, Maryland, Vermont, Virginia, New York, Maine, Michigan, and Ohio; andCommentsClose CommentsPermalink
(B) includes agencies and entities of each State.CommentsClose CommentsPermalink
(d) Star-Spangled Banner and War of 1812 Commemoration Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established a commission to be known as the ‘Star-Spangled Banner and War of 1812 Bicentennial Commission’.CommentsClose CommentsPermalink
(2) MEMBERSHIP-CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission shall be composed of 22 members, of whom--CommentsClose CommentsPermalink
(i) 11 members shall be qualified citizens appointed by the Secretary after consideration of nominations submitted by the Governors of Alabama, Kentucky, Indiana, Louisiana, Maine, Maryland, Michigan, New York, Ohio, Vermont, and Virginia;CommentsClose CommentsPermalink
(ii) 3 members shall be qualified citizens appointed by the Secretary after consideration of nominations submitted by the Mayors of the District of Columbia, the City of Baltimore, and the City of New Orleans;CommentsClose CommentsPermalink
(iii) 2 members shall be employees of the National Park Service, of whom--CommentsClose CommentsPermalink
(I) 1 shall be the Director of the National Park Service (or a designee); andCommentsClose CommentsPermalink
(II) 1 shall be an employee of the National Park Service having experience relevant to the commemoration;CommentsClose CommentsPermalink
(iv) 4 members shall be qualified citizens appointed by the Secretary with consideration of recommendations--CommentsClose CommentsPermalink
(I) 1 of which are submitted by the majority leader of the Senate;CommentsClose CommentsPermalink
(II) 1 of which are submitted by the minority leader of the Senate;CommentsClose CommentsPermalink
(III) 1 of which are submitted by the majority leader of the House of Representatives; andCommentsClose CommentsPermalink
(IV) 1 of which are submitted by the minority leader of the House of Representatives; andCommentsClose CommentsPermalink
(v) 2 members shall be appointed by the Secretary from among individuals with expertise in the history of the War of 1812.CommentsClose CommentsPermalink
(B) DATE OF APPOINTMENTS- The appointment of a member of the Commission shall be made not later than 120 days after the date of enactment of this Act.CommentsClose CommentsPermalink
(3) TERM; VACANCIES-CommentsClose CommentsPermalink
(A) TERM- A member shall be appointed for the life of the Commission.CommentsClose CommentsPermalink
(B) VACANCIES- A vacancy on the Commission--CommentsClose CommentsPermalink
(i) shall not affect the powers of the Commission; andCommentsClose CommentsPermalink
(ii) shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink
(4) VOTING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission shall act only on an affirmative vote of a majority of the members of the Commission.CommentsClose CommentsPermalink
(B) QUORUM- A majority of the members of the Commission shall constitute a quorum.CommentsClose CommentsPermalink
(5) CHAIRPERSON AND VICE CHAIRPERSON-CommentsClose CommentsPermalink
(A) SELECTION- The Commission shall select a chairperson and a vice chairperson from among the members of the Commission.CommentsClose CommentsPermalink
(B) ABSENCE OF CHAIRPERSON- The vice chairperson shall act as chairperson in the absence of the chairperson.CommentsClose CommentsPermalink
(6) INITIAL MEETING- Not later than 60 days after the date on which all members of the Commission have been appointed and funds have been provided, the Commission shall hold the initial meeting of the Commission.CommentsClose CommentsPermalink
(7) MEETINGS- Not less than twice a year, the Commission shall meet at the call of the chairperson or a majority of the members of the Commission.CommentsClose CommentsPermalink
(8) REMOVAL- Any member who fails to attend 3 successive meetings of the Commission or who otherwise fails to participate substantively in the work of the Commission may be removed by the Secretary and the vacancy shall be filled in the same manner as the original appointment was made. Members serve at the discretion of the Secretary.CommentsClose CommentsPermalink
(e) Duties-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall--CommentsClose CommentsPermalink
(A) plan, encourage, develop, execute, and coordinate programs, observances, and activities commemorating the historic events that preceded and are associated with the War of 1812;CommentsClose CommentsPermalink
(B) facilitate the commemoration throughout the United States and internationally;CommentsClose CommentsPermalink
(C) coordinate the activities of the Commission with State commemoration commissions, the National Park Service, the Department of Defense, and other appropriate Federal agencies;CommentsClose CommentsPermalink
(D) encourage civic, patriotic, historical, educational, religious, economic, tourism, and other organizations throughout the United States to organize and participate in the commemoration to expand the understanding and appreciation of the significance of the War of 1812;CommentsClose CommentsPermalink
(E) provide technical assistance to States, localities, units of the National Park System, and nonprofit organizations to further the commemoration and commemorative events;CommentsClose CommentsPermalink
(F) coordinate and facilitate scholarly research on, publication about, and interpretation of the people and events associated with the War of 1812;CommentsClose CommentsPermalink
(G) design, develop, and provide for the maintenance of an exhibit that will travel throughout the United States during the commemoration period to interpret events of the War of 1812 for the educational benefit of the citizens of the United States;CommentsClose CommentsPermalink
(H) ensure that War of 1812 commemorations provide a lasting legacy and long-term public benefit leading to protection of the natural and cultural resources associated with the War of 1812; andCommentsClose CommentsPermalink
(I) examine and review essential facilities and infrastructure at War of 1812 sites and identify possible improvements that could be made to enhance and maximize visitor experience at the sites.CommentsClose CommentsPermalink
(2) STRATEGIC PLAN; ANNUAL PERFORMANCE PLANS- The Commission shall prepare a strategic plan and annual performance plans for any activity carried out by the Commission under this section.CommentsClose CommentsPermalink
(3) REPORTS-CommentsClose CommentsPermalink
(A) ANNUAL REPORT- The Commission shall submit to Congress an annual report that contains a list of each gift, bequest, or devise to the Commission with a value of more than $250, together with the identity of the donor of each gift, bequest, or devise.CommentsClose CommentsPermalink
(B) FINAL REPORT- Not later than September 30, 2015, the Commission shall submit to the Secretary and Congress a final report that includes--CommentsClose CommentsPermalink
(i) a summary of the activities of the Commission;CommentsClose CommentsPermalink
(ii) a final accounting of any funds received or expended by the Commission; andCommentsClose CommentsPermalink
(iii) the final disposition of any historically significant items acquired by the Commission and other properties not previously reported.CommentsClose CommentsPermalink
(f) Powers-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission may--CommentsClose CommentsPermalink
(A) solicit, accept, use, and dispose of gifts or donations of money, services, and real and personal property related to the commemoration in accordance with Department of the Interior and National Park Service written standards for accepting gifts from outside sources;CommentsClose CommentsPermalink
(B) appoint such advisory committees as the Commission determines to be necessary to carry out this section;CommentsClose CommentsPermalink
(C) authorize any member or employee of the Commission to take any action the Commission is authorized to take under this section;CommentsClose CommentsPermalink
(D) use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government; andCommentsClose CommentsPermalink
(E) make grants to communities, nonprofit, commemorative commissions or organizations, and research and scholarly organizations to develop programs and products to assist in researching, publishing, marketing, and distributing information relating to the commemoration.CommentsClose CommentsPermalink
(2) LEGAL AGREEMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out this section, the Commission may--CommentsClose CommentsPermalink
(i) procure supplies, services, and property; andCommentsClose CommentsPermalink
(ii) make or enter into contracts, leases, or other legal agreements.CommentsClose CommentsPermalink
(B) LENGTH- Any contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission.CommentsClose CommentsPermalink
(3) INFORMATION FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink
(A) IN GENERAL- The Commission may secure directly from a Federal agency such information as the Commission considers necessary to carry out this section.CommentsClose CommentsPermalink
(B) PROVISION OF INFORMATION- On request of the Chairperson of the Commission, the head of the agency shall provide the information to the Commission in accordance with applicable laws.CommentsClose CommentsPermalink
(4) FACA NONAPPLICABILITY- Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.CommentsClose CommentsPermalink
(5) NO EFFECT ON AUTHORITY- Nothing in this section supersedes the authority of the States or the National Park Service concerning the commemoration.CommentsClose CommentsPermalink
(g) Personnel Matters-CommentsClose CommentsPermalink
(1) MEMBERS OF THE COMMISSION-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in paragraph (3)(A), a member of the Commission shall serve without compensation.CommentsClose CommentsPermalink
(B) TRAVEL EXPENSES- A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.CommentsClose CommentsPermalink
(C) STATUS- A member of the Commission, who is not otherwise a Federal employee, shall be considered a Federal employee only for purposes of the provisions of law related to ethics, conflicts of interest, corruption, and any other criminal or civil statute or regulation governing the conduct of Federal employees.CommentsClose CommentsPermalink
(2) EXECUTIVE DIRECTOR AND OTHER STAFF-CommentsClose CommentsPermalink
(A) IN GENERAL- The Chairperson of the Commission may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and termination of employees (including regulations), appoint and terminate an executive director, subject to confirmation by the Commission, and appoint and terminate such other additional personnel as are necessary to enable the Commission to perform the duties of the Commission.CommentsClose CommentsPermalink
(B) STATUS- The Executive Director and other staff appointed under this paragraph shall be considered Federal employees under
(C) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink
(D) COMPENSATION-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), the Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.CommentsClose CommentsPermalink
(ii) MAXIMUM RATE OF PAY- The rate of basic pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under
(3) GOVERNMENT EMPLOYEES-CommentsClose CommentsPermalink
(A) FEDERAL EMPLOYEES-CommentsClose CommentsPermalink
(i) SERVICE ON COMMISSION- A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government.CommentsClose CommentsPermalink
(ii) DETAIL- At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.CommentsClose CommentsPermalink
(iii) CIVIL SERVICE STATUS- Notwithstanding any other provisions in this subsection, Federal employees who serve on the Commission, are detailed to the Commission, or otherwise provide services under this section, shall continue to be Federal employees for the purpose of any law specific to Federal employees, without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(B) STATE EMPLOYEES- The Commission may--CommentsClose CommentsPermalink
(i) accept the services of personnel detailed from States (including subdivisions of States) under subchapter VI of chapter 33 of title 5, United States Code; andCommentsClose CommentsPermalink
(ii) reimburse States for services of detailed personnel.CommentsClose CommentsPermalink
(4) MEMBERS OF ADVISORY COMMITTEES- Members of advisory committees appointed under subsection (f)(1)(B)--CommentsClose CommentsPermalink
(A) shall not be considered employees of the Federal Government by reason of service on the committees for the purpose of any law specific to Federal employees, except for the purposes of chapter 11 of title 18, United States Code, relating to conflicts of interest; andCommentsClose CommentsPermalink
(B) may be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the committee.CommentsClose CommentsPermalink
(5) VOLUNTEER AND UNCOMPENSATED SERVICES- Notwithstanding
(6) SUPPORT SERVICES- The Director of the National Park Service shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.CommentsClose CommentsPermalink
(7) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of the Commission may employ experts and consultants on a temporary or intermittent basis in accordance with
(h) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to carry out this section not to exceed $500,000 for each of fiscal years 2008 through 2015.CommentsClose CommentsPermalink
(2) AVAILABILITY OF FUNDS- Amounts appropriated under this subsection for any fiscal year shall remain available until December 31, 2015.CommentsClose CommentsPermalink
(i) Termination of Commission-CommentsClose CommentsPermalink
(1) IN GENERAL- The Commission shall terminate on December 31, 2015.CommentsClose CommentsPermalink
(2) TRANSFER OF MATERIALS- Not later than the date of termination, the Commission shall transfer any documents, materials, books, manuscripts, miscellaneous printed matter, memorabilia, relics, exhibits, and any materials donated to the Commission that relate to the War of 1812, to Fort McHenry National Monument and Historic Shrine.CommentsClose CommentsPermalink
(3) DISPOSITION OF FUNDS- Any funds held by the Commission on the date of termination shall be deposited in the general fund of the Treasury.CommentsClose CommentsPermalink
(4) ANNUAL AUDIT- The Inspector General of the Department of the Interior shall perform an annual audit of the Commission, shall make the results of the audit available to the public, and shall transmit such results to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink
Subtitle H--PROTECT Our Children Act of 2008CommentsClose CommentsPermalink
SEC. 2801. SHORT TITLE.
This subtitle may be cited as the‘ Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008’ or the ‘PROTECT Our Children Act of 2008’.CommentsClose CommentsPermalink
SEC. 2802. DEFINITIONS.
In this subtitle, the following definitions shall apply:CommentsClose CommentsPermalink
(1) CHILD EXPLOITATION- The term ‘child exploitation’ means any conduct, attempted conduct, or conspiracy to engage in conduct involving a minor that violates section 1591, chapter 109A, chapter 110, and chapter 117 of title 18, United States Code, or any sexual activity involving a minor for which any person can be charged with a criminal offense.CommentsClose CommentsPermalink
(2) CHILD OBSCENITY- The term ‘child obscenity’ means any visual depiction proscribed by
(3) MINOR- The term ‘minor’ means any person under the age of 18 years.CommentsClose CommentsPermalink
(4) SEXUALLY EXPLICIT CONDUCT- The term ‘sexually explicit conduct’ has the meaning given such term in
PART I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION
SEC. 2811. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION.
(a) In General- The Attorney General of the United States shall create and implement a National Strategy for Child Exploitation Prevention and Interdiction.CommentsClose CommentsPermalink
(b) Timing- Not later than February 1 of each year, the Attorney General shall submit to Congress the National Strategy established under subsection (a).CommentsClose CommentsPermalink
(c) Required Contents of National Strategy- The National Strategy established under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Comprehensive long-range, goals for reducing child exploitation.CommentsClose CommentsPermalink
(2) Annual measurable objectives and specific targets to accomplish long-term, quantifiable goals that the Attorney General determines may be achieved during each year beginning on the date when the National Strategy is submitted.CommentsClose CommentsPermalink
(3) Annual budget priorities and Federal efforts dedicated to combating child exploitation, including resources dedicated to Internet Crimes Against Children task forces, Project Safe Childhood, FBI Innocent Images Initiative, the National Center for Missing and Exploited Children, regional forensic computer labs, Internet Safety programs, and all other entities whose goal or mission is to combat the exploitation of children that receive Federal support.CommentsClose CommentsPermalink
(4) A 5-year projection for program and budget goals and priorities.CommentsClose CommentsPermalink
(5) A review of the policies and work of the Department of Justice related to the prevention and investigation of child exploitation crimes, including efforts at the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Federal Bureau of Investigation, the Office of the Attorney General, the Office of the Deputy Attorney General, the Office of Legal Policy, and any other agency or bureau of the Department of Justice whose activities relate to child exploitation.CommentsClose CommentsPermalink
(6) A description of the Department’s efforts to coordinate with international, State, local, tribal law enforcement, and private sector entities on child exploitation prevention and interdiction efforts.CommentsClose CommentsPermalink
(7) Plans for interagency coordination regarding the prevention, investigation, and apprehension of individuals exploiting children, including cooperation and collaboration with--CommentsClose CommentsPermalink
(A) Immigration and Customs Enforcement;CommentsClose CommentsPermalink
(B) the United States Postal Inspection Service;CommentsClose CommentsPermalink
(C) the Department of State;CommentsClose CommentsPermalink
(D) the Department of Commerce;CommentsClose CommentsPermalink
(E) the Department of Education;CommentsClose CommentsPermalink
(F) the Department of Health and Human Services; andCommentsClose CommentsPermalink
(G) other appropriate Federal agencies.CommentsClose CommentsPermalink
(8) A review of the Internet Crimes Against Children Task Force Program, including--CommentsClose CommentsPermalink
(A) the number of ICAC task forces and location of each ICAC task force;CommentsClose CommentsPermalink
(B) the number of trained personnel at each ICAC task force;CommentsClose CommentsPermalink
(C) the amount of Federal grants awarded to each ICAC task force;CommentsClose CommentsPermalink
(D) an assessment of the Federal, State, and local cooperation in each task force, including--CommentsClose CommentsPermalink
(i) the number of arrests made by each task force;CommentsClose CommentsPermalink
(ii) the number of criminal referrals to United States attorneys for prosecution;CommentsClose CommentsPermalink
(iii) the number of prosecutions and convictions from the referrals made under clause (ii);CommentsClose CommentsPermalink
(iv) the number, if available, of local prosecutions and convictions based on ICAC task force investigations; andCommentsClose CommentsPermalink
(v) any other information demonstrating the level of Federal, State, and local coordination and cooperation, as such information is to be determined by the Attorney General;CommentsClose CommentsPermalink
(E) an assessment of the training opportunities and technical assistance available to support ICAC task force grantees; andCommentsClose CommentsPermalink
(F) an assessment of the success of the Internet Crimes Against Children Task Force Program at leveraging State and local resources and matching funds.CommentsClose CommentsPermalink
(9) An assessment of the technical assistance and support available for Federal, State, local, and tribal law enforcement agencies, in the prevention, investigation, and prosecution of child exploitation crimes.CommentsClose CommentsPermalink
(10) A review of the backlog of forensic analysis for child exploitation cases at each FBI Regional Forensic lab and an estimate of the backlog at State and local labs.CommentsClose CommentsPermalink
(11) Plans for reducing the forensic backlog described in paragraph (10), if any, at Federal, State and local forensic labs.CommentsClose CommentsPermalink
(12) A review of the Federal programs related to child exploitation prevention and education, including those related to Internet safety, including efforts by the private sector and nonprofit entities, or any other initiatives, that have proven successful in promoting child safety and Internet safety.CommentsClose CommentsPermalink
(13) An assessment of the future trends, challenges, and opportunities, including new technologies, that will impact Federal, State, local, and tribal efforts to combat child exploitation.CommentsClose CommentsPermalink
(14) Plans for liaisons with the judicial branches of the Federal and State governments on matters relating to child exploitation.CommentsClose CommentsPermalink
(15) An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes, which shall include a number of factors, including--CommentsClose CommentsPermalink
(A) the number of high-priority suspects (identified because of the volume of suspected criminal activity or because of the danger to the community or a potential victim) who were investigated and prosecuted;CommentsClose CommentsPermalink
(B) the number of investigations, arrests, prosecutions and convictions for a crime of child exploitation; andCommentsClose CommentsPermalink
(C) the average sentence imposed and statutory maximum for each crime of child exploitation.CommentsClose CommentsPermalink
(16) A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including--CommentsClose CommentsPermalink
(A) the number of computers or computer users, foreign and domestic, observed engaging in, or suspected by law enforcement agencies and other sources of engaging in, peer-to-peer file sharing of child pornography;CommentsClose CommentsPermalink
(B) the number of computers or computer users, foreign and domestic, observed engaging in, or suspected by law enforcement agencies and other reporting sources of engaging in, buying and selling, or other commercial activity related to child pornography;CommentsClose CommentsPermalink
(C) the number of computers or computer users, foreign and domestic, observed engaging in, or suspected by law enforcement agencies and other sources of engaging in, all other forms of activity related to child pornography;CommentsClose CommentsPermalink
(D) the number of tips or other statistical data from the National Center for Missing and Exploited Children’s CybertTipline and other data indicating the magnitude of child pornography trafficking; andCommentsClose CommentsPermalink
(E) any other statistical data indicating the type, nature, and extent of child exploitation crime in the United States and abroad.CommentsClose CommentsPermalink
(17) Copies of recent relevant research and studies related to child exploitation, including--CommentsClose CommentsPermalink
(A) studies related to the link between possession or trafficking of child pornography and actual abuse of a child;CommentsClose CommentsPermalink
(B) studies related to establishing a link between the types of files being viewed or shared and the type of illegal activity; andCommentsClose CommentsPermalink
(C) any other research, studies, and available information related to child exploitation.CommentsClose CommentsPermalink
(18) A review of the extent of cooperation, coordination, and mutual support between private sector and other entities and organizations and Federal agencies, including the involvement of States, local and tribal government agencies to the extent Federal programs are involved.CommentsClose CommentsPermalink
(19) The results of the Project Safe Childhood Conference or other conferences or meetings convened by the Department of Justice related to combating child exploitationCommentsClose CommentsPermalink
(d) Appointment of High-Level Official-CommentsClose CommentsPermalink
(1) IN GENERAL- There shall be created in the Office of Legal Policy of the Department of Justice the position of Special Assistant to the Assistant Attorney General for Child Exploitation and Interdiction, whose duties shall include coordinating the development of the National Strategy established under subsection (a).CommentsClose CommentsPermalink
(2) DUTIES- The duties of the official designated under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) acting as a liaison with all Federal agencies regarding the development of the National Strategy;CommentsClose CommentsPermalink
(B) working to ensure that there is proper coordination among agencies in developing the National Strategy;CommentsClose CommentsPermalink
(C) being knowledgeable about budget priorities and familiar with all efforts within the Department of Justice and the FBI related to child exploitation prevention and interdiction; andCommentsClose CommentsPermalink
(D) communicating the National Strategy to Congress and being available to answer questions related to the strategy at congressional hearings, if requested by committees of appropriate jurisdictions, on the contents of the National Strategy and progress of the Department of Justice in implementing the National Strategy.CommentsClose CommentsPermalink
SEC. 2812. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established within the Department of Justice, under the general authority of the Attorney General, a National Internet Crimes Against Children Task Force Program (hereinafter in this title referred to as the ‘ICAC Task Force Program’), which shall consist of a national program of State and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases.CommentsClose CommentsPermalink
(2) INTENT OF CONGRESS- It is the purpose and intent of Congress that the ICAC Task Force Program established under paragraph (1) is intended to continue the ICAC Task Force Program authorized under title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, and funded under title IV of the Juvenile Justice and Delinquency Prevention Act of 1974.CommentsClose CommentsPermalink
(b) National Program-CommentsClose CommentsPermalink
(1) STATE REPRESENTATION- The ICAC Task Force Program established under subsection (a) shall include at least 1 ICAC task force in each State.CommentsClose CommentsPermalink
(2) CAPACITY AND CONTINUITY OF INVESTIGATIONS- In order to maintain established capacity and continuity of investigations and prosecutions of child exploitation cases, the Attorney General, shall, in establishing the ICAC Task Force Program under subsection (a) consult with and consider all 59 task forces in existence on the date of enactment of this Act. The Attorney General shall include all existing ICAC task forces in the ICAC Task Force Program, unless the Attorney General makes a determination that an existing ICAC does not have a proven track record of success.CommentsClose CommentsPermalink
(3) ONGOING REVIEW- The Attorney General shall--CommentsClose CommentsPermalink
(A) conduct periodic reviews of the effectiveness of each ICAC task force established under this section; andCommentsClose CommentsPermalink
(B) have the discretion to establish a new task force if the Attorney General determines that such decision will enhance the effectiveness of combating child exploitation provided that the Attorney General notifies Congress in advance of any such decision and that each state maintains at least 1 ICAC task force at all times.CommentsClose CommentsPermalink
(4) TRAINING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Attorney General may establish national training programs to support the mission of the ICAC task forces, including the effective use of the National Internet Crimes Against Children Data System.CommentsClose CommentsPermalink
(B) LIMITATION- In establishing training courses under this paragraph, the Attorney General may not award any one entity other than a law enforcement agency more than $2,000,000 annually to establish and conduct training courses for ICAC task force members and other law enforcement officials.CommentsClose CommentsPermalink
(C) REVIEW- The Attorney General shall--CommentsClose CommentsPermalink
(i) conduct periodic reviews of the effectiveness of each training session authorized by this paragraph; andCommentsClose CommentsPermalink
(ii) consider outside reports related to the effective use of Federal funding in making future grant awards for training.CommentsClose CommentsPermalink
SEC. 2813. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force Program, and each State or local ICAC task force that is part of the national program of task forces, shall be dedicated toward--CommentsClose CommentsPermalink
(1) increasing the investigative capabilities of State and local law enforcement officers in the detection, investigation, and apprehension of Internet crimes against children offenses or offenders, including technology-facilitated child exploitation offenses;CommentsClose CommentsPermalink
(2) conducting proactive and reactive Internet crimes against children investigations;CommentsClose CommentsPermalink
(3) providing training and technical assistance to ICAC task forces and other Federal, State, and local law enforcement agencies in the areas of investigations, forensics, prosecution, community outreach, and capacity-building, using recognized experts to assist in the development and delivery of training programs;CommentsClose CommentsPermalink
(4) increasing the number of Internet crimes against children offenses being investigated and prosecuted in both Federal and State courts;CommentsClose CommentsPermalink
(5) creating a multiagency task force response to Internet crimes against children offenses within each State;CommentsClose CommentsPermalink
(6) participating in the Department of Justice’s Project Safe Childhood initiative, the purpose of which is to combat technology-facilitated sexual exploitation crimes against children;CommentsClose CommentsPermalink
(7) enhancing nationwide responses to Internet crimes against children offenses, including assisting other ICAC task forces, as well as other Federal, State, and local agencies with Internet crimes against children investigations and prosecutions;CommentsClose CommentsPermalink
(8) developing and delivering Internet crimes against children public awareness and prevention programs; andCommentsClose CommentsPermalink
(9) participating in such other activities, both proactive and reactive, that will enhance investigations and prosecutions of Internet crimes against children.CommentsClose CommentsPermalink
SEC. 2814. DUTIES AND FUNCTIONS OF TASK FORCES.
Each State or local ICAC task force that is part of the national program of task forces shall--CommentsClose CommentsPermalink
(1) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of such task force;CommentsClose CommentsPermalink
(2) work consistently toward achieving the purposes described in section 2813;CommentsClose CommentsPermalink
(3) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children;CommentsClose CommentsPermalink
(4) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children;CommentsClose CommentsPermalink
(5) develop multijurisdictional, multiagency responses and partnerships to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses;CommentsClose CommentsPermalink
(6) participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resources of such task force;CommentsClose CommentsPermalink
(7) establish or adopt investigative and prosecution standards, consistent with established norms, to which such task force shall comply;CommentsClose CommentsPermalink
(8) investigate, and seek prosecution on, tips related to Internet crimes against children, including tips from Operation Fairplay, the National Internet Crimes Against Children Data System established in section 2815, the National Center for Missing and Exploited Children’s CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to investigative leads that indicate the possibility of identifying or rescuing child victims, including investigative leads that indicate a likelihood of seriousness of offense or dangerousness to the community;CommentsClose CommentsPermalink
(9) develop procedures for handling seized evidence;CommentsClose CommentsPermalink
(10) maintain--CommentsClose CommentsPermalink
(A) such reports and records as are required under this part; andCommentsClose CommentsPermalink
(B) such other reports and records as determined by the Attorney General; andCommentsClose CommentsPermalink
(11) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located.CommentsClose CommentsPermalink
SEC. 2815. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA SYSTEM.
(a) In General- The Attorney General shall establish, consistent with all existing Federal laws relating to the protection of privacy, a National Internet Crimes Against Children Data System. The system shall not be used to search for or obtain any information that does not involve the use of the Internet to post or traffic images of child exploitation.CommentsClose CommentsPermalink
(b) Purpose of System- The National Internet Crimes Against Children Data System established under subsection (a) shall be dedicated to assisting and supporting credentialed law enforcement agencies authorized to investigate child exploitation in accordance with Federal, State, local, and tribal laws, including by providing assistance and support to--CommentsClose CommentsPermalink
(1) Federal agencies investigating and prosecuting child exploitation;CommentsClose CommentsPermalink
(2) the ICAC Task Force Program established under section 2812;CommentsClose CommentsPermalink
(3) State, local, and tribal agencies investigating and prosecuting child exploitation; andCommentsClose CommentsPermalink
(4) foreign or international law enforcement agencies, subject to approval by the Attorney General.CommentsClose CommentsPermalink
(c) Cyber Safe Deconfliction and Information Sharing- The National Internet Crimes Against Children Data System established under subsection (a)--CommentsClose CommentsPermalink
(1) shall be housed and maintained within the Department of Justice or a credentialed law enforcement agency;CommentsClose CommentsPermalink
(2) shall be made available for a nominal charge to support credentialed law enforcement agencies in accordance with subsection (b); andCommentsClose CommentsPermalink
(3) shall--CommentsClose CommentsPermalink
(A) allow Federal, State, local, and tribal agencies and ICAC task forces investigating and prosecuting child exploitation to contribute and access data for use in resolving case conflicts;CommentsClose CommentsPermalink
(B) provide, directly or in partnership with a credentialed law enforcement agency, a dynamic undercover infrastructure to facilitate online law enforcement investigations of child exploitation;CommentsClose CommentsPermalink
(C) facilitate the development of essential software and network capability for law enforcement participants; andCommentsClose CommentsPermalink
(D) provide software or direct hosting and support for online investigations of child exploitation activities, or, in the alternative, provide users with a secure connection to an alternative system that provides such capabilities, provided that the system is hosted within a governmental agency or a credentialed law enforcement agency.CommentsClose CommentsPermalink
(d) Collection and Reporting of Data-CommentsClose CommentsPermalink
(1) IN GENERAL- The National Internet Crimes Against Children Data System established under subsection (a) shall ensure the following:CommentsClose CommentsPermalink
(A) REAL-TIME REPORTING- All child exploitation cases involving local child victims that are reasonably detectable using available software and data are, immediately upon their detection, made available to participating law enforcement agencies.CommentsClose CommentsPermalink
(B) HIGH-PRIORITY SUSPECTS- Every 30 days, at minimum, the National Internet Crimes Against Children Data System shall--CommentsClose CommentsPermalink
(i) identify high-priority suspects, as such suspects are determined by the volume of suspected criminal activity or other indicators of seriousness of offense or dangerousness to the community or a potential local victim; andCommentsClose CommentsPermalink
(ii) report all such identified high-priority suspects to participating law enforcement agencies.CommentsClose CommentsPermalink
(C) ANNUAL REPORTS- Any statistical data indicating the overall magnitude of child pornography trafficking and child exploitation in the United States and internationally is made available and included in the National Strategy, as is required under section 2811(c)(16).CommentsClose CommentsPermalink
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to limit the ability of participating law enforcement agencies to disseminate investigative leads or statistical information in accordance with State and local laws.CommentsClose CommentsPermalink
(e) Mandatory Requirements of Network- The National Internet Crimes Against Children Data System established under subsection (a) shall develop, deploy, and maintain an integrated technology and training program that provides--CommentsClose CommentsPermalink
(1) a secure, online system for Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies for use in resolving case conflicts, as provided in subsection (c);CommentsClose CommentsPermalink
(2) a secure system enabling online communication and collaboration by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies regarding ongoing investigations, investigatory techniques, best practices, and any other relevant news and professional information;CommentsClose CommentsPermalink
(3) a secure online data storage and analysis system for use by Federal law enforcement agencies, ICAC task forces, and other State, local, and tribal law enforcement agencies;CommentsClose CommentsPermalink
(4) secure connections or interaction with State and local law enforcement computer networks, consistent with reasonable and established security protocols and guidelines;CommentsClose CommentsPermalink
(5) guidelines for use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces; andCommentsClose CommentsPermalink
(6) training and technical assistance on the use of the National Internet Crimes Against Children Data System by Federal, State, local, and tribal law enforcement agencies and ICAC task forces.CommentsClose CommentsPermalink
(f) National Internet Crimes Against Children Data System Steering Committee- The Attorney General shall establish a National Internet Crimes Against Children Data System Steering Committee to provide guidance to the Network relating to the program under subsection (e), and to assist in the development of strategic plans for the System. The Steering Committee shall consist of 10 members with expertise in child exploitation prevention and interdiction prosecution, investigation, or prevention, including--CommentsClose CommentsPermalink
(1) 3 representatives elected by the local directors of the ICAC task forces, such representatives shall represent different geographic regions of the country;CommentsClose CommentsPermalink
(2) 1 representative of the Department of Justice Office of Information Services;CommentsClose CommentsPermalink
(3) 1 representative from Operation Fairplay, currently hosted at the Wyoming Office of the Attorney General;CommentsClose CommentsPermalink
(4) 1 representative from the law enforcement agency having primary responsibility for hosting and maintaining the National Internet Crimes Against Children Data System;CommentsClose CommentsPermalink
(5) 1 representative of the Federal Bureau of Investigation’s Innocent Images National Initiative or Regional Computer Forensic Lab program;CommentsClose CommentsPermalink
(6) 1 representative of the Immigration and Customs Enforcement’s Cyber Crimes Center;CommentsClose CommentsPermalink
(7) 1 representative of the United States Postal Inspection Service; andCommentsClose CommentsPermalink
(8) 1 representative of the Department of Justice.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated for each of the fiscal years 2009 through 2016, $2,000,000 to carry out the provisions of this section.CommentsClose CommentsPermalink
(h) Rule of Construction- Nothing in this section may be construed to authorize any activity that is inconsistent with any Federal law, regulation, or constitutional constraint.CommentsClose CommentsPermalink
SEC. 2816. ICAC GRANT PROGRAM.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General is authorized to award grants to State and local ICAC task forces to assist in carrying out the duties and functions described under section 2814.CommentsClose CommentsPermalink
(2) FORMULA GRANTS-CommentsClose CommentsPermalink
(A) DEVELOPMENT OF FORMULA- At least 75 percent of the total funds appropriated to carry out this section shall be available to award or otherwise distribute grants pursuant to a funding formula established by the Attorney General in accordance with the requirements in subparagraph (B).CommentsClose CommentsPermalink
(B) FORMULA REQUIREMENTS- Any formula established by the Attorney General under subparagraph (A) shall--CommentsClose CommentsPermalink
(i) ensure that each State or local ICAC task force shall, at a minimum, receive an amount equal to 0.5 percent of the funds available to award or otherwise distribute grants under subparagraph (A); andCommentsClose CommentsPermalink
(ii) take into consideration the following factors:CommentsClose CommentsPermalink
(I) The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census.CommentsClose CommentsPermalink
(II) The number of investigative leads within the applicant’s jurisdiction generated by Operation Fairplay, the ICAC Data Network, the CyberTipline, and other sources.CommentsClose CommentsPermalink
(III) The number of criminal cases related to Internet crimes against children referred to a task force for Federal, State, or local prosecution.CommentsClose CommentsPermalink
(IV) The number of successful prosecutions of child exploitation cases by a task force.CommentsClose CommentsPermalink
(V) The amount of training, technical assistance, and public education or outreach by a task force related to the prevention, investigation, or prosecution of child exploitation offenses.CommentsClose CommentsPermalink
(VI) Such other criteria as the Attorney General determines demonstrate the level of need for additional resources by a task force.CommentsClose CommentsPermalink
(3) DISTRIBUTION OF REMAINING FUNDS BASED ON NEED-CommentsClose CommentsPermalink
(A) IN GENERAL- Any funds remaining from the total funds appropriated to carry out this section after funds have been made available to award or otherwise distribute formula grants under paragraph (2)(A) shall be distributed to State and local ICAC task forces based upon need, as set forth by criteria established by the Attorney General. Such criteria shall include the factors under paragraph (2)(B)(ii).CommentsClose CommentsPermalink
(B) MATCHING REQUIREMENT- A State or local ICAC task force shall contribute matching non-Federal funds in an amount equal to not less than 25 percent of the amount of funds received by the State or local ICAC task force under subparagraph (A). A State or local ICAC task force that is not able or willing to contribute matching funds in accordance with this subparagraph shall not be eligible for funds under subparagraph (A).CommentsClose CommentsPermalink
(C) WAIVER- The Attorney General may waive, in whole or in part, the matching requirement under subparagraph (B) if the State or local ICAC task force demonstrates good cause or financial hardship.CommentsClose CommentsPermalink
(b) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Each State or local ICAC task force seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.CommentsClose CommentsPermalink
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink
(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink
(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this part.CommentsClose CommentsPermalink
(c) Allowable Uses- Grants awarded under this section may be used to--CommentsClose CommentsPermalink
(1) hire personnel, investigators, prosecutors, education specialists, and forensic specialists;CommentsClose CommentsPermalink
(2) establish and support forensic laboratories utilized in Internet crimes against children investigations;CommentsClose CommentsPermalink
(3) support investigations and prosecutions of Internet crimes against children;CommentsClose CommentsPermalink
(4) conduct and assist with education programs to help children and parents protect themselves from Internet predators;CommentsClose CommentsPermalink
(5) conduct and attend training sessions related to successful investigations and prosecutions of Internet crimes against children; andCommentsClose CommentsPermalink
(6) fund any other activities directly related to preventing, investigating, or prosecuting Internet crimes against children.CommentsClose CommentsPermalink
(d) Reporting Requirements-CommentsClose CommentsPermalink
(1) ICAC REPORTS- To measure the results of the activities funded by grants under this section, and to assist the Attorney General in complying with the Government Performance and Results Act (
(A) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children.CommentsClose CommentsPermalink
(B) Investigation and prosecution performance measures of the task force, including--CommentsClose CommentsPermalink
(i) the number of investigations initiated related to Internet crimes against children;CommentsClose CommentsPermalink
(ii) the number of arrests related to Internet crimes against children; andCommentsClose CommentsPermalink
(iii) the number of prosecutions for Internet crimes against children, including--CommentsClose CommentsPermalink
(I) whether the prosecution resulted in a conviction for such crime; andCommentsClose CommentsPermalink
(II) the sentence and the statutory maximum for such crime under State law.CommentsClose CommentsPermalink
(C) The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney.CommentsClose CommentsPermalink
(D) Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement.CommentsClose CommentsPermalink
(E) The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies.CommentsClose CommentsPermalink
(F) The number of computer forensic examinations that the task force completed.CommentsClose CommentsPermalink
(G) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report to Congress on--CommentsClose CommentsPermalink
(A) the progress of the development of the ICAC Task Force Program established under section 2812; andCommentsClose CommentsPermalink
(B) the number of Federal and State investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.CommentsClose CommentsPermalink
SEC. 2817. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to carry out this part--CommentsClose CommentsPermalink
(1) $60,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $60,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $60,000,000 for fiscal year 2011;CommentsClose CommentsPermalink
(4) $60,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink
(5) $60,000,000 for fiscal year 2013.CommentsClose CommentsPermalink
(b) Availability- Funds appropriated under subsection (a) shall remain available until expended.CommentsClose CommentsPermalink
PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 2821. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.
(a) Additional Resources- The Attorney General shall establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations. The Attorney General may utilize funds under this part to increase capacity at existing regional forensic laboratories or to add laboratories under the Regional Computer Forensic Laboratories Program operated by the Federal Bureau of Investigation.CommentsClose CommentsPermalink
(b) Purpose of New Resources- The additional forensic capacity established by resources provided under this section shall be dedicated to assist Federal agencies, State and local Internet Crimes Against Children task forces, and other Federal, State, and local law enforcement agencies in preventing, investigating, and prosecuting Internet crimes against children.CommentsClose CommentsPermalink
(c) New Computer Forensic Labs- If the Attorney General determines that new regional computer forensic laboratories are required under subsection (a) to best address existing backlogs, such new laboratories shall be established pursuant to subsection (d).CommentsClose CommentsPermalink
(d) Location of New Labs- The location of any new regional computer forensic laboratories under this section shall be determined by the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, the Regional Computer Forensic Laboratory National Steering Committee, and other relevant stakeholders.CommentsClose CommentsPermalink
(e) Report- Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall submit a report to the Congress on how the funds appropriated under this section were utilized.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated for fiscal years 2009 through 2013, $2,000,000 to carry out the provisions of this section.CommentsClose CommentsPermalink
PART III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
SEC. 2831. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD ABUSE.
(1) in subsection (a), by--CommentsClose CommentsPermalink
(A) inserting ‘or for the purpose of transmitting a live visual depiction of such conduct’ after ‘for the purpose of producing any visual depiction of such conduct’;CommentsClose CommentsPermalink
(B) inserting ‘or transmitted’ after ‘if such person knows or has reason to know that such visual depiction will be transported’;CommentsClose CommentsPermalink
(C) inserting ‘or transmitted’ after ‘if that visual depiction was produced’; andCommentsClose CommentsPermalink
(D) inserting ‘or transmitted’ after ‘has actually been transported’; andCommentsClose CommentsPermalink
(2) in subsection (b), by--CommentsClose CommentsPermalink
(A) inserting ‘or for the purpose of transmitting a live visual depiction of such conduct’ after ‘for the purpose of producing any visual depiction of such conduct’;CommentsClose CommentsPermalink
(B) inserting ‘or transmitted’ after ‘person knows or has reason to know that such visual depiction will be transported’;CommentsClose CommentsPermalink
(C) inserting ‘or transmitted’ after ‘if that visual depiction was produced’; andCommentsClose CommentsPermalink
(D) inserting ‘or transmitted’ after ‘has actually been transported’.CommentsClose CommentsPermalink
SEC. 2832. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED STATES CODE .
(1) striking ‘and’ before ‘data’;CommentsClose CommentsPermalink
(2) after ‘visual image’ by inserting ‘, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format’.CommentsClose CommentsPermalink
SEC. 2833. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED STATES CODE .
(1) inserting ‘or for the purpose of transmitting a live visual depiction of such conduct’ after ‘for the purpose of producing any visual depiction of such conduct’; andCommentsClose CommentsPermalink
(2) inserting ‘or transmitted’ after ‘imported’.CommentsClose CommentsPermalink
SEC. 2834. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD PORNOGRAPHY.
(a) Offense- Subsection (a) of
(1) in paragraph (5), by striking ‘; or’ at the end and inserting a semicolon;CommentsClose CommentsPermalink
(2) in paragraph (6), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
‘(7) in or affecting interstate or foreign commerce, knowingly modifies, with intent to distribute, a visual depiction of an identifiable minor so that the depiction becomes child pornography.’.CommentsClose CommentsPermalink
(b) Punishment- Subsection (b) of
‘(3) Whoever violates, or attempts or conspires to violate, subsection (a)(7) shall be fined under this title or imprisoned not more than 15 years, or both.’.CommentsClose CommentsPermalink
PART IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
SEC. 2841. NIJ STUDY OF RISK FACTORS FOR ASSESSING DANGEROUSNESS.
(a) In General- Not later than 1 year after the date of enactment of this Act, the National Institute of Justice shall prepare a report to identify investigative factors that reliably indicate whether a subject of an online child exploitation investigation poses a high risk of harm to children. Such a report shall be prepared in consultation and coordination with Federal law enforcement agencies, the National Center for Missing and Exploited Children, Operation Fairplay at the Wyoming Attorney General’s Office, the Internet Crimes Against Children Task Force, and other State and local law enforcement.CommentsClose CommentsPermalink
(b) Contents of Analysis- The report required by subsection (a) shall include a thorough analysis of potential investigative factors in on-line child exploitation cases and an appropriate examination of investigative data from prior prosecutions and case files of identified child victims.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 1 year after the date of enactment of this Act, the National Institute of Justice shall submit a report to the House and Senate Judiciary Committees that includes the findings of the study required by this section and makes recommendations on technological tools and law enforcement procedures to help investigators prioritize scarce resources to those cases where there is actual hands-on abuse by the suspect.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated $500,000 to the National Institute of Justice to conduct the study required under this section.CommentsClose CommentsPermalink
TITLE III--ENVIRONMENT AND PUBLIC WORKS PROVSIONSCommentsClose CommentsPermalink
Subtitle A--Captive Primate Safety ActCommentsClose CommentsPermalink
SEC. 3001. SHORT TITLE.
This subtitle may be cited as the ‘Captive Primate Safety Act’.CommentsClose CommentsPermalink
SEC. 3002. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (
SEC. 3003. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts- Section 3 of the Lacey Act Amendments of 1981 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by inserting ‘or’ after the semicolon;CommentsClose CommentsPermalink
(ii) in subparagraph (B)(iii), by striking ‘; or’ and inserting a semicolon; andCommentsClose CommentsPermalink
(iii) by striking subparagraph (C); andCommentsClose CommentsPermalink
(B) in paragraph (4), by inserting ‘or subsection (e)’ before the period; andCommentsClose CommentsPermalink
(2) in subsection (e)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6) respectively;CommentsClose CommentsPermalink
(B) by striking ‘(e)’ and all that follows through ‘Subsection (a)(2)(C) does not apply’ in paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(e) Captive Wildlife Offense-CommentsClose CommentsPermalink
‘(1) IN GENERAL- It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any live animal of any prohibited wildlife species.CommentsClose CommentsPermalink
‘(2) LIMITATION ON APPLICATION- This subsection--CommentsClose CommentsPermalink
‘(A) does not apply to a person transporting a nonhuman primate to or from a veterinarian who is licensed to practice veterinary medicine within the United States, solely for the purpose of providing veterinary care to the nonhuman primate, if--CommentsClose CommentsPermalink
‘(i) the person transporting the nonhuman primate carries written documentation issued by the veterinarian, including the appointment date and location;CommentsClose CommentsPermalink
‘(ii) the nonhuman primate is transported in a secure enclosure appropriate for that species of primate;CommentsClose CommentsPermalink
‘(iii) the nonhuman primate has no contact with any other animals or members of the public, other than the veterinarian and other authorized medical personnel providing veterinary care; andCommentsClose CommentsPermalink
‘(iv) such transportation and provision of veterinary care is in accordance with all otherwise applicable State and local laws, regulations, permits, and health certificates;CommentsClose CommentsPermalink
‘(B) does not apply to a person transporting a nonhuman primate to a legally designated caregiver for the nonhuman primate as a result of the death of the preceding owner of the nonhuman primate, if--CommentsClose CommentsPermalink
‘(i) the person transporting the nonhuman primate is carrying legal documentation to support the need for transporting the nonhuman primate to the legally designated caregiver;CommentsClose CommentsPermalink
‘(ii) the nonhuman primate is transported in a secure enclosure appropriate for the species;CommentsClose CommentsPermalink
‘(iii) the nonhuman primate has no contact with any other animals or members of the public while being transported to the legally designated caregiver; andCommentsClose CommentsPermalink
‘(iv) all applicable State and local restrictions on such transport, and all applicable State and local requirements for permits or health certificates, are complied with;CommentsClose CommentsPermalink
‘(C) does not apply to a person transporting a nonhuman primate solely for the purpose of assisting an individual who is permanently disabled with a severe mobility impairment, if--CommentsClose CommentsPermalink
‘(i) the nonhuman primate is a single animal of the genus Cebus;CommentsClose CommentsPermalink
‘(ii) the nonhuman primate was obtained from, and trained at, a licensed nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 the nonprofit tax status of which was obtained--CommentsClose CommentsPermalink
‘(I) before July 18, 2008; andCommentsClose CommentsPermalink
‘(II) on the basis that the mission of the organization is to improve the quality of life of severely mobility-impaired individuals;CommentsClose CommentsPermalink
‘(iii) the person transporting the nonhuman primate is a specially trained employee or agent of a nonprofit organization described in clause (ii) that is transporting the nonhuman primate to or from a designated individual who is permanently disabled with a severe mobility impairment, or to or from a licensed foster care home providing specialty training of the nonhuman primate solely for purposes of assisting an individual who is permanently disabled with severe mobility impairment;CommentsClose CommentsPermalink
‘(iv) the person transporting the nonhuman primate carries documentation from the applicable nonprofit organization that includes the name of the designated individual referred to in clause (iii);CommentsClose CommentsPermalink
‘(v) the nonhuman primate is transported in a secure enclosure that is appropriate for that species;CommentsClose CommentsPermalink
‘(vi) the nonhuman primate has no contact with any animal or member of the public, other than the designated individual referred to in clause (iii); andCommentsClose CommentsPermalink
‘(vii) the transportation of the nonhuman primate is in compliance with--CommentsClose CommentsPermalink
‘(I) all applicable State and local restrictions regarding the transport; andCommentsClose CommentsPermalink
‘(II) all applicable State and local requirements regarding permits or health certificates; andCommentsClose CommentsPermalink
‘(D) does not apply’;CommentsClose CommentsPermalink
(C) in paragraph (2) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink
(i) by striking ‘a’ before ‘prohibited’ and inserting ‘any’;CommentsClose CommentsPermalink
(ii) by striking ‘(3)’ and inserting ‘(4)’; andCommentsClose CommentsPermalink
(iii) by striking ‘(2)’ and inserting ‘(3)’;CommentsClose CommentsPermalink
(D) in paragraph (3) (as redesignated by subparagraph (A))--CommentsClose CommentsPermalink
(i) in subparagraph (C)--CommentsClose CommentsPermalink
(I) in clauses (ii) and (iii), by striking ‘animals listed in section 2(g)’ each place it appears and inserting ‘prohibited wildlife species’; andCommentsClose CommentsPermalink
(II) in clause (iv), by striking ‘animals’ and inserting ‘prohibited wildlife species’; andCommentsClose CommentsPermalink
(ii) in subparagraph (D), by striking ‘animal’ each place it appears and inserting ‘prohibited wildlife species’;CommentsClose CommentsPermalink
(E) in paragraph (4) (as redesignated by subparagraph (A)), by striking ‘(2)’ and inserting ‘(3)’;CommentsClose CommentsPermalink
(F) in paragraph (6) (as redesignated by subparagraph (A)), by striking ‘subsection (a)(2)(C)’ and inserting ‘this subsection’; andCommentsClose CommentsPermalink
(G) by inserting after paragraph (6) (as redesignated by subparagraph (A)) the following:CommentsClose CommentsPermalink
‘(7) APPLICATION- This subsection shall apply beginning on the effective date of regulations promulgated under this subsection.’.CommentsClose CommentsPermalink
(b) Civil Penalties- Section 4(a) of the Lacey Act Amendments of 1981 (
(1) in paragraph (1), by inserting ‘(e),’ after ‘subsections (b), (d),’ ; andCommentsClose CommentsPermalink
(2) in paragraph (1), by inserting ‘, (e),’ after ‘subsection (d)’.CommentsClose CommentsPermalink
(c) Criminal Penalties- Section 4(d) of the Lacey Act Amendments of 1981 (
(1) in paragraphs (1)(A) and (1)(B) and in the first sentence of paragraph (2), by inserting ‘(e),’ after ‘subsections (b), (d),’ each place it appears; andCommentsClose CommentsPermalink
(2) in paragraph (3), by inserting ‘, (e),’ after ‘subsection (d)’.CommentsClose CommentsPermalink
SEC. 3004. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
(1) in subsection (a), by striking ‘(a) In General- Section 3’ and inserting ‘Section 3’; andCommentsClose CommentsPermalink
(2) by striking subsection (b).CommentsClose CommentsPermalink
SEC. 3005. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (
‘(3) The Secretary shall, in consultation with other relevant Federal and State agencies, issue regulations to implement section 3(e).’.CommentsClose CommentsPermalink
SEC. 3006. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL LAW ENFORCEMENT PERSONNEL.
In addition to such other amounts as are authorized to carry out the Lacey Act Amendments of 1981 (
Subtitle B--Chesapeake Bay Gateways and Watertrails Network Continuing Authorization ActCommentsClose CommentsPermalink
SEC. 3011. SHORT TITLE.
This subtitle may be cited as the ‘Chesapeake Bay Gateways and Watertrails Network Continuing Authorization Act’.CommentsClose CommentsPermalink
SEC. 3012. AUTHORIZATION OF APPROPRIATIONS.
Section 502 of the Chesapeake Bay Initiative Act of 1998 (
‘(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.’.CommentsClose CommentsPermalink
Subtitle C--Beach Protection Act of 2008CommentsClose CommentsPermalink
SEC. 3021. SHORT TITLE.
This subtitle may be cited as the ‘Beach Protection Act of 2008’.CommentsClose CommentsPermalink
SEC. 3022. BEACHWATER POLLUTION SOURCE IDENTIFICATION AND PREVENTION.
(a) In General- Section 406 of the Federal Water Pollution Control Act (
(b) Authorization of Appropriations- Section 406(i) of the Federal Water Pollution Control Act (
SEC. 3023. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT.
Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (114 Stat. 877) is amended by striking ‘2005’ and inserting ‘2013’.CommentsClose CommentsPermalink
SEC. 3024. STATE REPORTS.
Section 406(b)(3)(A)(ii) of the Federal Water Pollution Control Act (
SEC. 3025. USE OF RAPID TESTING METHODS.
(a) Contents of State and Local Government Programs- Section 406(c)(4)(A) of the Federal Water Pollution Control Act (
(b) Revised Criteria- Section 304(a)(9) of the Federal Water Pollution Control Act (
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by inserting ‘rapid’ before ‘testing’; andCommentsClose CommentsPermalink
(B) by striking ‘, as appropriate’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) VALIDATION OF RAPID TESTING METHODS- Not later than 2 years after the date of enactment of this subparagraph, and periodically thereafter, the Administrator shall validate the rapid testing methods.’.CommentsClose CommentsPermalink
(c) Definition- Section 502 of the Federal Water Pollution Control Act (
‘(25) RAPID TESTING METHOD- The term ‘rapid testing method’ means a method of testing for which results are available within 2 hours after commencement of the rapid testing method.’.CommentsClose CommentsPermalink
SEC. 3026. PROMPT COMMUNICATION WITH STATE ENVIRONMENTAL AGENCIES.
Section 406(c)(5) of the Federal Water Pollution Control Act (
(1) in the matter preceding subparagraph (A), by striking ‘prompt communication’ and inserting ‘communication within 24 hours of the receipt of the results of a water quality sample’;CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(3) in subparagraph (B), by inserting ‘and’ after the semicolon at the end; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) all agencies of the State government with authority to require the prevention or treatment of the sources of beachwater pollution;’.CommentsClose CommentsPermalink
SEC. 3027. CONTENT OF STATE AND LOCAL PROGRAMS.
Section 406(c) of the Federal Water Pollution Control Act (
(1) in paragraph (6), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (7), by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(8) measures to develop and implement a beachwater pollution source identification and tracking program for the coastal recreation waters that are not meeting applicable water quality standards for pathogens and pathogen indicators;CommentsClose CommentsPermalink
‘(9) a publicly accessible and searchable geographical information system database with information updated within 24 hours of the availability of the information, organized by beach and with defined standards, sampling plan, monitoring protocols, sampling results, and number and cause of beach closing and advisory days; andCommentsClose CommentsPermalink
‘(10) measures to ensure that closures or advisories are made or issued within 24 hours after the State government determines that any coastal recreation waters in the State are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators.’.CommentsClose CommentsPermalink
SEC. 3028. COMPLIANCE REVIEW.
Section 406(h) of the Federal Water Pollution Control Act (
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately;CommentsClose CommentsPermalink
(2) by striking ‘In the’ and inserting the following: ‘(1) IN GENERAL- In the’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) COMPLIANCE REVIEW- On or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall--CommentsClose CommentsPermalink
‘(A) prepare a written assessment of compliance with all statutory and regulatory requirements of this section for each State and local government, and of compliance with conditions of each grant made under this section to a State or local government, including compliance with any requirement or condition under subsection (a)(2) or (c);CommentsClose CommentsPermalink
‘(B) notify the State or local government of the assessment; andCommentsClose CommentsPermalink
‘(C) make each of the assessments available to the public in a searchable database on or before December 31 of the calendar year.CommentsClose CommentsPermalink
‘(3) CORRECTIVE ACTION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Any State or local government that the Administrator notifies under paragraph (2) that the State or local government is not in compliance with any requirement or grant condition described in paragraph (2) shall take such action as is necessary to comply with the requirement or condition by not later than 1 year after the date of the notification.CommentsClose CommentsPermalink
‘(B) NONCOMPLIANCE- If the State or local government is not in compliance with such a requirement or condition by the date that is 1 year after the deadline specified in subparagraph (A), any grants made under subsection (b) to the State or local government, after the last day of the 1-year period and while the State or local government is not in compliance with all requirements and grant conditions described in paragraph (2), shall require a Federal share of not to exceed 50 percent.CommentsClose CommentsPermalink
‘(4) GAO REVIEW- Not later than December 31 of the third calendar year beginning after the date of enactment of this paragraph, the Comptroller General of the United States shall--CommentsClose CommentsPermalink
‘(A) conduct a review of the activities of the Administrator under paragraphs (2) and (3) during the first and second calendar years beginning after that date of enactment; andCommentsClose CommentsPermalink
‘(B) submit to Congress a report on the results of the review.’.CommentsClose CommentsPermalink
SEC. 3029. STUDY OF GRANT DISTRIBUTION FORMULA.
(a) Study- Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the ‘Administrator’) shall commence a study of the formula for the distribution of grants under section 406 of the Federal Water Pollution Control Act (
(b) Requirements- In conducting the study, the Administrator shall--CommentsClose CommentsPermalink
(1) consider the emphasis and valuation placed on length of beach season, including any findings made by the Government Accountability Office with respect to that emphasis and valuation; andCommentsClose CommentsPermalink
(2) consult with appropriate Federal, State, and local agencies.CommentsClose CommentsPermalink
(c) Report and Revision- Not later than 1 year after the date of enactment of this Act, the Administrator shall--CommentsClose CommentsPermalink
(1) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study, including any recommendations for revisions of the distribution formula referred to in subsection (a); andCommentsClose CommentsPermalink
(2) revise the distribution formula referred to in subsection (a) in accordance with those recommendations.CommentsClose CommentsPermalink
Subtitle D--Appalachian Regional Development Act Amendments of 2008CommentsClose CommentsPermalink
SEC. 3031. SHORT TITLE.
This subtitle may be cited as the ‘Appalachian Regional Development Act Amendments of 2008’.CommentsClose CommentsPermalink
SEC. 3032. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION CONTRIBUTION.
(a) Grants and Other Assistance-
(1) in paragraph (1)(A) by striking clause (i) and inserting the following:CommentsClose CommentsPermalink
‘(i) the amount of the grant shall not exceed--CommentsClose CommentsPermalink
‘(I) 50 percent of administrative expenses;CommentsClose CommentsPermalink
‘(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; orCommentsClose CommentsPermalink
‘(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;’; andCommentsClose CommentsPermalink
(2) in paragraph (2) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), of the cost of any activity eligible for financial assistance under this section, not more than--CommentsClose CommentsPermalink
‘(i) 50 percent may be provided from amounts appropriated to carry out this subtitle;CommentsClose CommentsPermalink
‘(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this subtitle; orCommentsClose CommentsPermalink
‘(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.’.CommentsClose CommentsPermalink
(b) Demonstration Health Projects-
(1) in subsection (d) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) LIMITATION ON AVAILABLE AMOUNTS- Grants under this section for the operation (including initial operating amounts and operating deficits, which include the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, may be made for up to--CommentsClose CommentsPermalink
‘(A) 50 percent of the cost of that operation;CommentsClose CommentsPermalink
‘(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of the cost of that operation; orCommentsClose CommentsPermalink
‘(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.’; andCommentsClose CommentsPermalink
(2) in subsection (f)--CommentsClose CommentsPermalink
(A) in paragraph (1) by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) AT-RISK COUNTIES- The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to the lesser of--CommentsClose CommentsPermalink
‘(A) 70 percent; orCommentsClose CommentsPermalink
‘(B) the maximum Federal contribution percentage authorized by this section.’.CommentsClose CommentsPermalink
(c) Assistance for Proposed Low- and Middle-Income Housing Projects-
(1) in subsection (d) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) LIMITATION ON AVAILABLE AMOUNTS- A loan under subsection (b) for the cost of planning and obtaining financing (including the cost of preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site options, application and mortgage commitment fees, legal fees, and construction loan fees and discounts) of a project described in that subsection may be made for up to--CommentsClose CommentsPermalink
‘(A) 50 percent of that cost;CommentsClose CommentsPermalink
‘(B) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of that cost; orCommentsClose CommentsPermalink
‘(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.’; andCommentsClose CommentsPermalink
(2) in subsection (e) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1) IN GENERAL- A grant under this section for expenses incidental to planning and obtaining financing for a project under this section that the Secretary considers to be unrecoverable from the proceeds of a permanent loan made to finance the project shall--CommentsClose CommentsPermalink
‘(A) not be made to an organization established for profit; andCommentsClose CommentsPermalink
‘(B) except as provided in paragraph (2), not exceed--CommentsClose CommentsPermalink
‘(i) 50 percent of those expenses;CommentsClose CommentsPermalink
‘(ii) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent of those expenses; orCommentsClose CommentsPermalink
‘(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.’.CommentsClose CommentsPermalink
(d) Telecommunications and Technology Initiative-
‘(b) Limitation on Available Amounts- Of the cost of any activity eligible for a grant under this section, not more than--CommentsClose CommentsPermalink
‘(1) 50 percent may be provided from amounts appropriated to carry out this section;CommentsClose CommentsPermalink
‘(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; orCommentsClose CommentsPermalink
‘(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.’.CommentsClose CommentsPermalink
(e) Entrepreneurship Initiative-
‘(c) Limitation on Available Amounts- Of the cost of any activity eligible for a grant under this section, not more than--CommentsClose CommentsPermalink
‘(1) 50 percent may be provided from amounts appropriated to carry out this section;CommentsClose CommentsPermalink
‘(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; orCommentsClose CommentsPermalink
‘(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.’.CommentsClose CommentsPermalink
(f) Regional Skills Partnerships-
‘(d) Limitation on Available Amounts- Of the cost of any activity eligible for a grant under this section, not more than--CommentsClose CommentsPermalink
‘(1) 50 percent may be provided from amounts appropriated to carry out this section;CommentsClose CommentsPermalink
‘(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; orCommentsClose CommentsPermalink
‘(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.’.CommentsClose CommentsPermalink
(g) Supplements to Federal Grant Programs-
(1) in paragraph (1) by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) AT-RISK COUNTIES- The maximum Commission contribution for a project to be carried out in a county for which an at-risk county designation is in effect under section 14526 may be increased to 70 percent.’.CommentsClose CommentsPermalink
SEC. 3033. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.
(a) In General- Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
‘Sec. 14508. Economic and energy development initiative
‘(a) Projects To Be Assisted- The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to persons or entities in the Appalachian region for projects and activities--CommentsClose CommentsPermalink
‘(1) to promote energy efficiency in the Appalachian region to enhance the economic competitiveness of the Appalachian region;CommentsClose CommentsPermalink
‘(2) to increase the use of renewable energy resources, particularly biomass, in the Appalachian region to produce alternative transportation fuels, electricity, and heat; andCommentsClose CommentsPermalink
‘(3) to support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies that achieve a substantial reduction in emissions, including greenhouse gases, over the current baseline.CommentsClose CommentsPermalink
‘(b) Limitation on Available Amounts- Of the cost of any activity eligible for a grant under this section, not more than--CommentsClose CommentsPermalink
‘(1) 50 percent may be provided from amounts appropriated to carry out this section;CommentsClose CommentsPermalink
‘(2) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, 80 percent may be provided from amounts appropriated to carry out this section; orCommentsClose CommentsPermalink
‘(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.CommentsClose CommentsPermalink
‘(c) Sources of Assistance- Subject to subsection (b), grants provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available under other Federal programs or from any other source.CommentsClose CommentsPermalink
‘(d) Federal Share- Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Commission decides is appropriate.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14507 the following:CommentsClose CommentsPermalink
‘14508. Economic and energy development initiative.’.CommentsClose CommentsPermalink
SEC. 3034. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG COUNTIES.
(a) Designation of At-Risk Counties-
(1) in the section heading by inserting ‘, at-risk,’ after ‘Distressed’; andCommentsClose CommentsPermalink
(2) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink
(B) in subparagraph (A) by striking ‘and’ at the end; andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) designate as ‘at-risk counties’ those counties in the Appalachian region that are most at risk of becoming economically distressed; and’.CommentsClose CommentsPermalink
(b) Conforming Amendment- The analysis for chapter 145 of such title is amended by striking the item relating to section 14526 and inserting the following:CommentsClose CommentsPermalink
‘14526. Distressed, at-risk, and economically strong counties.’.CommentsClose CommentsPermalink
SEC. 3035. AUTHORIZATION OF APPROPRIATIONS.
(a) In General-
‘(a) In General- In addition to amounts made available under section 14501, there is authorized to be appropriated to the Appalachian Regional Commission to carry out this subtitle--CommentsClose CommentsPermalink
‘(1) $87,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
‘(2) $100,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(3) $105,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(4) $108,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(5) $110,000,000 for fiscal year 2012.’.CommentsClose CommentsPermalink
(b) Economic and Energy Development Initiative- Section 14703(b) of such title is amended to read as follows:CommentsClose CommentsPermalink
‘(b) Economic and Energy Development Initiative- Of the amounts made available under subsection (a), the following amounts may be used to carry out section 14508--CommentsClose CommentsPermalink
‘(1) $12,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
‘(2) $12,500,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(3) $13,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(4) $13,500,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(5) $14,000,000 for fiscal year 2012.’.CommentsClose CommentsPermalink
(c) Allocation of Funds- Section 14703 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(d) Allocation of Funds- Funds approved by the Appalachian Regional Commission for a project in a State in the Appalachian region pursuant to a congressional directive shall be derived from the total amount allocated to the State by the Appalachian Regional Commission from amounts appropriated to carry out this subtitle.’.CommentsClose CommentsPermalink
SEC. 3036. TERMINATION.
SEC. 3037. ADDITIONS TO APPALACHIAN REGION.
(a) Kentucky-
(1) by inserting ‘Metcalfe,’ after ‘Menifee,’;CommentsClose CommentsPermalink
(2) by inserting ‘Nicholas,’ after ‘Morgan,’; andCommentsClose CommentsPermalink
(3) by inserting ‘Robertson,’ after ‘Pulaski,’.CommentsClose CommentsPermalink
(b) Ohio- Section 14102(a)(1)(H) of such title is amended--CommentsClose CommentsPermalink
(1) by inserting ‘Ashtabula,’ after ‘Adams,’;CommentsClose CommentsPermalink
(2) by inserting ‘Mahoning,’ after ‘Lawrence,’; andCommentsClose CommentsPermalink
(3) by inserting ‘Trumbull,’ after ‘Scioto,’.CommentsClose CommentsPermalink
(c) Tennessee- Section 14102(a)(1)(K) of such title is amended by inserting ‘Lawrence, Lewis,’ after ‘Knox,’.CommentsClose CommentsPermalink
(d) Virginia- Section 14102(a)(1)(L) of such title is amended--CommentsClose CommentsPermalink
(1) by inserting ‘Henry,’ after ‘Grayson,’; andCommentsClose CommentsPermalink
(2) by inserting ‘Patrick,’ after ‘Montgomery,’.CommentsClose CommentsPermalink
TITLE IV--FOREIGN RELATIONS PROVISIONSCommentsClose CommentsPermalink
Subtitle A--Senator Paul Simon Study Abroad Foundation Act of 2008CommentsClose CommentsPermalink
SEC. 4001. SHORT TITLE.
This subtitle may be cited as the ‘Senator Paul Simon Study Abroad Foundation Act of 2008’.CommentsClose CommentsPermalink
SEC. 4002. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) According to President George W. Bush, ‘America’s leadership and national security rest on our commitment to educate and prepare our youth for active engagement in the international community.’.CommentsClose CommentsPermalink
(2) According to former President William J. Clinton, ‘Today, the defense of United States interests, the effective management of global issues, and even an understanding of our Nation’s diversity require ever-greater contact with, and understanding of, people and cultures beyond our borders.’.CommentsClose CommentsPermalink
(3) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of
(4) According to the Lincoln Commission, ‘[s]tudy abroad is one of the major means of producing foreign language speakers and enhancing foreign language learning’ and, for that reason, ‘is simply essential to the [N]ation’s security’.CommentsClose CommentsPermalink
(5) Studies consistently show that United States students score below their counterparts in other advanced countries on indicators of international knowledge. This lack of global literacy is a national liability in an age of global trade and business, global interdependence, and global terror.CommentsClose CommentsPermalink
(6) Americans believe that it is important for their children to learn other languages, study abroad, attend a college where they can interact with international students, learn about other countries and cultures, and generally be prepared for the global age.CommentsClose CommentsPermalink
(7) In today’s world, it is more important than ever for the United States to be a responsible, constructive leader that other countries are willing to follow. Such leadership cannot be sustained without an informed citizenry with significant knowledge and awareness of the world.CommentsClose CommentsPermalink
(8) Study abroad has proven to be a very effective means of imparting international and foreign-language competency to students.CommentsClose CommentsPermalink
(9) In any given year, only approximately one percent of all students enrolled in United States institutions of higher education study abroad.CommentsClose CommentsPermalink
(10) Less than 10 percent of the students who graduate from United States institutions of higher education with bachelors degrees have studied abroad.CommentsClose CommentsPermalink
(11) Far more study abroad must take place in developing countries. Ninety-five percent of the world’s population growth over the next 50 years will occur outside of Europe. Yet in the academic year 2004-2005, 60 percent of United States students studying abroad studied in Europe, and 45 percent studied in four countries--the United Kingdom, Italy, Spain, and France--according to the Institute of International Education.CommentsClose CommentsPermalink
(12) The Final Report of the National Commission on Terrorist Attacks Upon the United States (The 9/11 Commission Report) recommended that the United States increase support for ‘scholarship, exchange, and library programs’. The 9/11 Public Discourse Project, successor to the 9/11 Commission, noted in its November 14, 2005, status report that this recommendation was ‘unfulfilled,’ and stated that ‘The U.S. should increase support for scholarship and exchange programs, our most powerful tool to shape attitudes over the course of a generation.’. In its December 5, 2005, Final Report on the 9/11 Commission Recommendations, the 9/11 Public Discourse Project gave the government a grade of ‘D’ for its implementation of this recommendation.CommentsClose CommentsPermalink
(13) Investing in a national study abroad program would help turn a grade of ‘D’ into an ‘A’ by equipping United States students to communicate United States values and way of life through the unique dialogue that takes place among citizens from around the world when individuals study abroad.CommentsClose CommentsPermalink
(14) An enhanced national study abroad program could help further the goals of other United States Government initiatives to promote educational, social, and political reform and the status of women in developing and reforming societies around the world, such as the Middle East Partnership Initiative.CommentsClose CommentsPermalink
(15) To complement such worthwhile Federal programs and initiatives as the Benjamin A. Gilman International Scholarship Program, the National Security Education Program, and the National Security Language Initiative, a broad-based undergraduate study abroad program is needed that will make many more study abroad opportunities accessible to all undergraduate students, regardless of their field of study, ethnicity, socio-economic status, or gender.CommentsClose CommentsPermalink
SEC. 4003. PURPOSES.
The purposes of this subtitle are--CommentsClose CommentsPermalink
(1) to significantly enhance the global competitiveness and international knowledge base of the United States by ensuring that more United States students have the opportunity to acquire foreign language skills and international knowledge through significantly expanded study abroad;CommentsClose CommentsPermalink
(2) to enhance the foreign policy capacity of the United States by significantly expanding and diversifying the talent pool of individuals with non-traditional foreign language skills and cultural knowledge in the United States who are available for recruitment by United States foreign affairs agencies, legislative branch agencies, and nongovernmental organizations involved in foreign affairs activities;CommentsClose CommentsPermalink
(3) to ensure that an increasing portion of study abroad by United States students will take place in nontraditional study abroad destinations such as the People’s Republic of China, countries of the Middle East region, and developing countries; andCommentsClose CommentsPermalink
(4) to create greater cultural understanding of the United States by exposing foreign students and their families to United States students in countries that have not traditionally hosted large numbers of United States students.CommentsClose CommentsPermalink
SEC. 4004. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
(2) BOARD- The term ‘Board’ means the Board of Directors of the Foundation established pursuant to section 4005(d).CommentsClose CommentsPermalink
(3) CHIEF EXECUTIVE OFFICER- The term ‘Chief Executive Officer’ means the chief executive officer of the Foundation appointed pursuant to section 4005(c).CommentsClose CommentsPermalink
(4) FOUNDATION- The term ‘Foundation’ means the Senator Paul Simon Study Abroad Foundation established by section 4005(a).CommentsClose CommentsPermalink
(5) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (
(6) NATIONAL OF THE UNITED STATES- The term ‘national of the United States’ means a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (
(7) NONTRADITIONAL STUDY ABROAD DESTINATION- The term ‘nontraditional study abroad destination’ means a location that is determined by the Foundation to be a less common destination for United States students who study abroad.CommentsClose CommentsPermalink
(8) STUDY ABROAD- The term ‘study abroad’ means an educational program of study, work, research, internship, or combination thereof that is conducted outside the United States and that carries academic credit toward fulfilling the participating student’s degree requirements.CommentsClose CommentsPermalink
(9) UNITED STATES- The term ‘United States’ means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.CommentsClose CommentsPermalink
(10) UNITED STATES STUDENT- The term ‘United States student’ means a national of the United States who is enrolled at an institution of higher education located within the United States.CommentsClose CommentsPermalink
SEC. 4005. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY ABROAD FOUNDATION.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the executive branch a corporation to be known as the ‘Senator Paul Simon Study Abroad Foundation’ that shall be responsible for carrying out this subtitle. The Foundation shall be a government corporation, as defined in
(2) BOARD OF DIRECTORS- The Foundation shall be governed by a Board of Directors in accordance with subsection (d).CommentsClose CommentsPermalink
(3) INTENT OF CONGRESS- It is the intent of Congress in establishing the structure of the Foundation set forth in this subsection to create an entity that will administer a study abroad program that--CommentsClose CommentsPermalink
(A) serves the long-term foreign policy and national security needs of the United States; butCommentsClose CommentsPermalink
(B) operates independently of short-term political and foreign policy considerations.CommentsClose CommentsPermalink
(b) Mandate of Foundation- In administering the program referred to in subsection (a)(3), the Foundation shall--CommentsClose CommentsPermalink
(1) promote the objectives and purposes of this subtitle;CommentsClose CommentsPermalink
(2) through responsive, flexible grant-making, promote access to study abroad opportunities by United States students at diverse institutions of higher education, including two-year institutions, minority-serving institutions, and institutions that serve nontraditional students;CommentsClose CommentsPermalink
(3) through creative grant-making, promote access to study abroad opportunities by diverse United States students, including minority students, students of limited financial means, and nontraditional students;CommentsClose CommentsPermalink
(4) solicit funds from the private sector to supplement funds made available under this subtitle; andCommentsClose CommentsPermalink
(5) minimize administrative costs and maximize the availability of funds for grants under this subtitle.CommentsClose CommentsPermalink
(c) Chief Executive Officer-CommentsClose CommentsPermalink
(1) IN GENERAL- There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.CommentsClose CommentsPermalink
(2) APPOINTMENT- The Chief Executive Officer shall be appointed by the Board and shall be a recognized leader in higher education, business, or foreign policy, chosen on the basis of a rigorous search.CommentsClose CommentsPermalink
(3) RELATIONSHIP TO BOARD- The Chief Executive Officer shall report to and be under the direct authority of the Board.CommentsClose CommentsPermalink
(4) COMPENSATION AND RANK-CommentsClose CommentsPermalink
(A) IN GENERAL- The Chief Executive Officer shall be compensated at the rate provided for level IV of the Executive Schedule under
(B) AMENDMENT-
‘Chief Executive Officer, Senator Paul Simon Study Abroad Foundation.’.CommentsClose CommentsPermalink
(5) AUTHORITIES AND DUTIES- The Chief Executive Officer shall be responsible for the management of the Foundation and shall exercise the powers and discharge the duties of the Foundation.CommentsClose CommentsPermalink
(6) AUTHORITY TO APPOINT OFFICERS- In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.CommentsClose CommentsPermalink
(d) Board of Directors-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There shall be in the Foundation a Board of Directors.CommentsClose CommentsPermalink
(2) DUTIES- The Board shall perform the functions specified to be carried out by the Board in this subtitle and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised.CommentsClose CommentsPermalink
(3) MEMBERSHIP- The Board shall consist of--CommentsClose CommentsPermalink
(A) the Secretary of State (or the Secretary’s designee), the Secretary of Education (or the Secretary’s designee), the Secretary of Defense (or the Secretary’s designee), and the Administrator of the United States Agency for International Development (or the Administrator’s designee); andCommentsClose CommentsPermalink
(B) five other individuals with relevant experience in matters relating to study abroad (such as individuals who represent institutions of higher education, business organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of which--CommentsClose CommentsPermalink
(i) one individual shall be appointed from among a list of individuals submitted by the majority leader of the House of Representatives;CommentsClose CommentsPermalink
(ii) one individual shall be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;CommentsClose CommentsPermalink
(iii) one individual shall be appointed from among a list of individuals submitted by the majority leader of the Senate; andCommentsClose CommentsPermalink
(iv) one individual shall be appointed from among a list of individuals submitted by the minority leader of the Senate.CommentsClose CommentsPermalink
(4) CHIEF EXECUTIVE OFFICER- The Chief Executive Officer of the Foundation shall serve as a nonvoting, ex officio member of the Board.CommentsClose CommentsPermalink
(5) TERMS-CommentsClose CommentsPermalink
(A) OFFICERS OF THE FEDERAL GOVERNMENT- Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual’s position as an officer within the other Federal department or agency.CommentsClose CommentsPermalink
(B) OTHER MEMBERS- Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for one additional 3 year term.CommentsClose CommentsPermalink
(C) VACANCIES- A vacancy in the Board shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(6) CHAIRPERSON- There shall be a Chairperson of the Board. The Secretary of State (or the Secretary’s designee) shall serve as the Chairperson.CommentsClose CommentsPermalink
(7) QUORUM- A majority of the members of the Board described in paragraph (3) shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the date of the enactment of this Act, shall include at least one member of the Board described in paragraph (3)(B).CommentsClose CommentsPermalink
(8) MEETINGS- The Board shall meet at the call of the Chairperson.CommentsClose CommentsPermalink
(9) COMPENSATION-CommentsClose CommentsPermalink
(A) OFFICERS OF THE FEDERAL GOVERNMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.CommentsClose CommentsPermalink
(ii) TRAVEL EXPENSES- Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(B) OTHER MEMBERS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), a member of the Board described in paragraph (3)(B) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(ii) LIMITATION- A member of the Board may not be paid compensation under clause (i) for more than 90 days in any calendar year.CommentsClose CommentsPermalink
SEC. 4006. ESTABLISHMENT AND OPERATION OF PROGRAM.
(a) Establishment of the Program- There is hereby established a program, which shall--CommentsClose CommentsPermalink
(1) be administered by the Foundation; andCommentsClose CommentsPermalink
(2) award grants to--CommentsClose CommentsPermalink
(A) United States students for study abroad;CommentsClose CommentsPermalink
(B) nongovernmental institutions that provide and promote study abroad opportunities for United States students, in consortium with institutions described in subparagraph (C); andCommentsClose CommentsPermalink
(C) institutions of higher education, individually or in consortium,CommentsClose CommentsPermalink
in order to accomplish the objectives set forth in subsection (b).CommentsClose CommentsPermalink
(b) Objectives- The objectives of the program established under subsection (a) are that, within 10 years of the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) not less than one million undergraduate United States students will study abroad annually for credit;CommentsClose CommentsPermalink
(2) the demographics of study-abroad participation will reflect the demographics of the United States undergraduate population, including students enrolled in community colleges, minority-serving institutions, and institutions serving large numbers of low-income and first-generation students; andCommentsClose CommentsPermalink
(3) an increasing portion of study abroad will take place in nontraditional study abroad destinations, with a substantial portion of such increases taking place in developing countries.CommentsClose CommentsPermalink
(c) Mandate of the Program- In order to accomplish the objectives set forth in subsection (b), the Foundation shall, in administering the program established under subsection (a), take fully into account the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (established pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of
(d) Structure of Grants-CommentsClose CommentsPermalink
(1) PROMOTING REFORM- In accordance with the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program, grants awarded under the program established under subsection (a) shall be structured to the maximum extent practicable to promote appropriate reforms in institutions of higher education in order to remove barriers to participation by students in study abroad.CommentsClose CommentsPermalink
(2) GRANTS TO INDIVIDUALS AND INSTITUTIONS- It is the sense of Congress that--CommentsClose CommentsPermalink
(A) the Foundation should award not more than 25 percent of the funds awarded as grants to individuals described in subparagraph (A) of subsection (a)(2) and not less than 75 percent of such funds to institutions described in subparagraphs (B) and (C) of such subsection; andCommentsClose CommentsPermalink
(B) the Foundation should ensure that not less than 85 percent of the amount awarded to such institutions is used to award scholarships to students.CommentsClose CommentsPermalink
(e) Balance of Long-Term and Short-Term Study Abroad Programs- In administering the program established under subsection (a), the Foundation shall seek an appropriate balance between--CommentsClose CommentsPermalink
(1) longer-term study abroad programs, which maximize foreign-language learning and intercultural understanding; andCommentsClose CommentsPermalink
(2) shorter-term study abroad programs, which maximize the accessibility of study abroad to nontraditional students.CommentsClose CommentsPermalink
(f) Quality and Safety in Study Abroad- In administering the program established under subsection (a), the Foundation shall require that institutions receiving grants demonstrate that--CommentsClose CommentsPermalink
(1) the study abroad programs for which students receive grant funds are for academic credit; andCommentsClose CommentsPermalink
(2) the programs have established health and safety guidelines and procedures.CommentsClose CommentsPermalink
SEC. 4007. ANNUAL REPORT.
(a) Report Required- Not later than December 15, 2008, and each December 15 thereafter, the Foundation shall submit to the appropriate congressional committees a report on the implementation of this subtitle during the prior fiscal year.CommentsClose CommentsPermalink
(b) Contents- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) the total financial resources available to the Foundation during the year, including appropriated funds, the value and source of any gifts or donations accepted pursuant to section 4008(a)(6), and any other resources;CommentsClose CommentsPermalink
(2) a description of the Board’s policy priorities for the year and the bases upon which grant proposals were solicited and awarded to institutions of higher education, nongovernmental institutions, and consortiums pursuant to section 4006(a)(2)(B) and 4006(a)(2)(C);CommentsClose CommentsPermalink
(3) a list of grants made to institutions of higher education, nongovernmental institutions, and consortiums pursuant to section 4006(a)(2)(B) and 4006(a)(2)(C) that includes the identity of the institutional recipient, the dollar amount, the estimated number of study abroad opportunities provided to United States students by each grant, the amount of the grant used by each institution for administrative expenses, and information on cost-sharing by each institution receiving a grant;CommentsClose CommentsPermalink
(4) a description of the bases upon which the Foundation made grants directly to United States students pursuant to section 4006(a)(2)(A);CommentsClose CommentsPermalink
(5) the number and total dollar amount of grants made directly to United States students by the Foundation pursuant to section 4006(a)(2)(A); andCommentsClose CommentsPermalink
(6) the total administrative and operating expenses of the Foundation for the year, as well as specific information on--CommentsClose CommentsPermalink
(A) the number of Foundation employees and the cost of compensation for Board members, Foundation employees, and personal service contractors;CommentsClose CommentsPermalink
(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(C) total travel expenses incurred by Board members and Foundation employees in connection with Foundation activities; andCommentsClose CommentsPermalink
(D) total representational expenses.CommentsClose CommentsPermalink
SEC. 4008. POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers- The Foundation--CommentsClose CommentsPermalink
(1) shall have perpetual succession unless dissolved by a law enacted after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) may adopt, alter, and use a seal, which shall be judicially noticed;CommentsClose CommentsPermalink
(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;CommentsClose CommentsPermalink
(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this subtitle;CommentsClose CommentsPermalink
(7) may use the United States mails in the same manner and on the same conditions as the executive departments;CommentsClose CommentsPermalink
(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;CommentsClose CommentsPermalink
(9) may hire or obtain passenger motor vehicles; andCommentsClose CommentsPermalink
(10) shall have such other powers as may be necessary and incident to carrying out this subtitle.CommentsClose CommentsPermalink
(b) Principal Office- The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.CommentsClose CommentsPermalink
(c) Applicability of Government Corporation Control Act-CommentsClose CommentsPermalink
(1) IN GENERAL- The Foundation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT-
‘(S) the Senator Paul Simon Study Abroad Foundation.’.CommentsClose CommentsPermalink
(d) Inspector General-CommentsClose CommentsPermalink
(1) IN GENERAL- The Inspector General of the Department of State shall serve as Inspector General of the Foundation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.CommentsClose CommentsPermalink
(2) AUTHORITY OF THE BOARD- In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.CommentsClose CommentsPermalink
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES-CommentsClose CommentsPermalink
(A) REIMBURSEMENT- The Foundation shall reimburse the Department of State for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection.CommentsClose CommentsPermalink
(B) AUTHORIZATION FOR SERVICES- Of the amount authorized to be appropriated under section 4010(a) for a fiscal year, up to $2,000,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.CommentsClose CommentsPermalink
SEC. 4009. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel- Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Foundation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.CommentsClose CommentsPermalink
(b) Reemployment Rights-CommentsClose CommentsPermalink
(1) IN GENERAL- An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee--CommentsClose CommentsPermalink
(A) is separated from the Foundation for any reason, other than misconduct, neglect of duty, or malfeasance; andCommentsClose CommentsPermalink
(B) applies for reemployment not later than 90 days after the date of separation from the Foundation.CommentsClose CommentsPermalink
(2) SPECIFIC RIGHTS- An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.CommentsClose CommentsPermalink
(c) Hiring Authority- Of persons employed by the Foundation, not to exceed 20 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.CommentsClose CommentsPermalink
(d) Basic Pay- The Chief Executive Officer may fix the rate of basic pay of employees of the Foundation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 of such title.CommentsClose CommentsPermalink
(e) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘agency’ means an executive agency, as defined by
(2) the term ‘detail’ means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.CommentsClose CommentsPermalink
SEC. 4010. GAO REVIEW.
(a) Review Required- Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall commence a review of the operations of the Foundation.CommentsClose CommentsPermalink
(b) Content- In conducting the review required under subsection (a), the Comptroller General shall analyze--CommentsClose CommentsPermalink
(1) whether the Foundation is organized and operating in a manner that will permit it to fulfill the purposes of this section, as set forth in section 4003;CommentsClose CommentsPermalink
(2) the degree to which the Foundation is operating efficiently and in a manner consistent with the requirements of paragraphs (4) and (5) of section 4005(b);CommentsClose CommentsPermalink
(3) whether grantmaking by the Foundation is being undertaken in a manner consistent with subsections (d), (e), and (f) of section 4006;CommentsClose CommentsPermalink
(4) the extent to which the Foundation is using best practices in the implementation of this subtitle and the administration of the program described in section 4006; andCommentsClose CommentsPermalink
(5) other relevant matters, as determined by the Comptroller General, after consultation with the appropriate congressional committees.CommentsClose CommentsPermalink
(c) Report Required- The Comptroller General shall submit a report on the results of the review conducted under subsection (a) to the Secretary of State (in the capacity of the Secretary as Chairperson of the Board of the Foundation) and to the appropriate congressional committees.CommentsClose CommentsPermalink
SEC. 4011. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to carry out this subtitle $80,000,000 for fiscal year 2008 and each subsequent fiscal year.CommentsClose CommentsPermalink
(2) AMOUNTS IN ADDITION TO OTHER AVAILABLE AMOUNTS- Amounts authorized to be appropriated by paragraph (1) are in addition to amounts authorized to be appropriated or otherwise made available for educational exchange programs, including the J. William Fulbright Educational Exchange Program and the Benjamin A. Gilman International Scholarship Program, administered by the Bureau of Educational and Cultural Affairs of the Department of State.CommentsClose CommentsPermalink
(b) Allocation of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Foundation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this subtitle. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this subtitle or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.CommentsClose CommentsPermalink
(2) NOTIFICATION- The Foundation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).CommentsClose CommentsPermalink
Subtitle B--Reconstruction and Stabilization Civilian Management Act of 2008CommentsClose CommentsPermalink
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ‘Reconstruction and Stabilization Civilian Management Act of 2008’.CommentsClose CommentsPermalink
SEC. 4102. FINDINGS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) In June 2004, the Office of the Coordinator for Reconstruction and Stabilization (referred to as the ‘Coordinator’) was established in the Department of State with the mandate to lead, coordinate, and institutionalize United States Government civilian capacity to prevent or prepare for post-conflict situations and help reconstruct and stabilize a country or region that is at risk of, in, or is in transition from, conflict or civil strife.CommentsClose CommentsPermalink
(2) In December 2005, the Coordinator’s mandate was reaffirmed by the National Security Presidential Directive 44, which instructed the Secretary of State, and at the Secretary’s direction, the Coordinator, to coordinate and lead integrated United States Government efforts, involving all United States departments and agencies with relevant capabilities, to prepare, plan for, and conduct reconstruction and stabilization operations.CommentsClose CommentsPermalink
(3) National Security Presidential Directive 44 assigns to the Secretary, with the Coordinator’s assistance, the lead role to develop reconstruction and stabilization strategies, ensure civilian interagency program and policy coordination, coordinate interagency processes to identify countries at risk of instability, provide decision-makers with detailed options for an integrated United States Government response in connection with reconstruction and stabilization operations, and carry out a wide range of other actions, including the development of a civilian surge capacity to meet reconstruction and stabilization emergencies. The Secretary and the Coordinator are also charged with coordinating with the Department of Defense on reconstruction and stabilization responses, and integrating planning and implementing procedures.CommentsClose CommentsPermalink
(4) The Department of Defense issued Directive 3000.05, which establishes that stability operations are a core United States military mission that the Department of Defense must be prepared to conduct and support, provides guidance on stability operations that will evolve over time, and assigns responsibilities within the Department of Defense for planning, training, and preparing to conduct and support stability operations.CommentsClose CommentsPermalink
(5) The President’s Fiscal Year 2009 Budget Request to Congress includes $248,600,000 for a Civilian Stabilization Initiative that would vastly improve civilian partnership with the Armed Forces in post-conflict stabilization situations, including by establishing an Active Response Corps of 250 persons, a Standby Response Corps of 2000 persons, and a Civilian Response Corps of 2000 persons.CommentsClose CommentsPermalink
SEC. 4103. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the United States Agency for International Development.CommentsClose CommentsPermalink
(2) AGENCY- The term ‘agency’ means any entity included in chapter 1 of title 5, United States Code.CommentsClose CommentsPermalink
(3) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink
(4) DEPARTMENT- Except as otherwise provided in this subtitle, the term ‘Department’ means the Department of State.CommentsClose CommentsPermalink
(5) PERSONNEL- The term ‘personnel’ means individuals serving in any service described in
(6) SECRETARY- The term ‘Secretary’ means the Secretary of State.CommentsClose CommentsPermalink
SEC. 4104. AUTHORITY TO PROVIDE ASSISTANCE FOR RECONSTRUCTION AND STABILIZATION CRISES.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (
‘SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.
‘(a) Assistance-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If the President determines that it is in the national security interests of the United States for United States civilian agencies or non-Federal employees to assist in reconstructing and stabilizing a country or region that is at risk of, in, or is in transition from, conflict or civil strife, the President may, in accordance with the provisions set forth in section 614(a)(3), subject to paragraph (2) of this subsection but notwithstanding any other provision of law, and on such terms and conditions as the President may determine, furnish assistance to such country or region for reconstruction or stabilization using funds under paragraph (3).CommentsClose CommentsPermalink
‘(2) PRE-NOTIFICATION REQUIREMENT- The President may not furnish assistance pursuant to paragraph (1) until five days (excepting Saturdays, Sundays, and legal public holidays) after the requirements under section 614(a)(3) of this Act are carried out.CommentsClose CommentsPermalink
‘(3) FUNDS- The funds referred to in paragraph (1) are funds made available under any other provision of law and under other provisions of this Act, and transferred or reprogrammed for purposes of this section, and such transfer or reprogramming shall be subject to the procedures applicable to a notification under section 634A of this Act.CommentsClose CommentsPermalink
‘(b) Limitation- The authority contained in this section may be exercised only during fiscal years 2009, 2010, and 2011, except that the authority may not be exercised to furnish more than $200,000,000 in any such fiscal year.’.CommentsClose CommentsPermalink
SEC. 4105. RECONSTRUCTION AND STABILIZATION.
Title I of the State Department Basic Authorities Act of 1956 (
‘SEC. 62. RECONSTRUCTION AND STABILIZATION.
‘(a) Office of the Coordinator for Reconstruction and Stabilization-CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT- There is established within the Department of State the Office of the Coordinator for Reconstruction and Stabilization.CommentsClose CommentsPermalink
‘(2) COORDINATOR FOR RECONSTRUCTION AND STABILIZATION- The head of the Office shall be the Coordinator for Reconstruction and Stabilization, who shall be appointed by the President, by and with the advice and consent of the Senate. The Coordinator shall report directly to the Secretary.CommentsClose CommentsPermalink
‘(3) FUNCTIONS- The functions of the Office of the Coordinator for Reconstruction and Stabilization shall include the following:CommentsClose CommentsPermalink
‘(A) Monitoring, in coordination with relevant bureaus and offices of the Department of State and the United States Agency for International Development (USAID), political and economic instability worldwide to anticipate the need for mobilizing United States and international assistance for the reconstruction and stabilization of a country or region that is at risk of, in, or are in transition from, conflict or civil strife.CommentsClose CommentsPermalink
‘(B) Assessing the various types of reconstruction and stabilization crises that could occur and cataloging and monitoring the non-military resources and capabilities of agencies (as such term is defined in section 4103 of the Reconstruction and Stabilization Civilian Management Act of 2008) that are available to address such crises.CommentsClose CommentsPermalink
‘(C) Planning, in conjunction with USAID, to address requirements, such as demobilization, disarmament, rebuilding of civil society, policing, human rights monitoring, and public information, that commonly arise in reconstruction and stabilization crises.CommentsClose CommentsPermalink
‘(D) Coordinating with relevant agencies to develop interagency contingency plans and procedures to mobilize and deploy civilian personnel and conduct reconstruction and stabilization operations to address the various types of such crises.CommentsClose CommentsPermalink
‘(E) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008.CommentsClose CommentsPermalink
‘(F) Identifying personnel in State and local governments and in the private sector who are available to participate in the Civilian Reserve Corps established under subsection (b) or to otherwise participate in or contribute to reconstruction and stabilization activities.CommentsClose CommentsPermalink
‘(G) Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization activities is adequate and is carried out, as appropriate, with other agencies involved with stabilization operations.CommentsClose CommentsPermalink
‘(H) Taking steps to ensure that plans for United States reconstruction and stabilization operations are coordinated with and complementary to reconstruction and stabilization activities of other governments and international and nongovernmental organizations, to improve effectiveness and avoid duplication.CommentsClose CommentsPermalink
‘(I) Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment.CommentsClose CommentsPermalink
‘(b) Response Readiness Corps-CommentsClose CommentsPermalink
‘(1) RESPONSE READINESS CORPS- The Secretary, in consultation with the Administrator of the United States Agency for International Development and the heads of other appropriate agencies of the United States Government, may establish and maintain a Response Readiness Corps (referred to in this section as the ‘Corps’) to provide assistance in support of reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and standby components consisting of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies who are recruited and trained (and employed in the case of the active component) to provide such assistance when deployed to do so by the Secretary to support the purposes of this subtitle.CommentsClose CommentsPermalink
‘(2) CIVILIAN RESERVE CORPS- The Secretary, in consultation with the Administrator of the United States Agency for International Development, may establish a Civilian Reserve Corps for which purpose the Secretary is authorized to employ and train individuals who have the skills necessary for carrying out reconstruction and stabilization activities, and who have volunteered for that purpose. The Secretary may deploy members of the Civilian Reserve Corps pursuant to a determination by the President under section 618 of the Foreign Assistance Act of 1961.CommentsClose CommentsPermalink
‘(3) MITIGATION OF DOMESTIC IMPACT- The establishment and deployment of any Civilian Reserve Corps shall be undertaken in a manner that will avoid substantively impairing the capacity and readiness of any State and local governments from which Civilian Reserve Corps personnel may be drawn.CommentsClose CommentsPermalink
‘(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of State such sums as may be necessary for fiscal years 2007 through 2010 for the Office and to support, educate, train, maintain, and deploy a Response Readiness Corps and a Civilian Reserve Corps.CommentsClose CommentsPermalink
‘(d) Existing Training and Education Programs- The Secretary shall ensure that personnel of the Department, and, in coordination with the Administrator of USAID, that personnel of USAID, make use of the relevant existing training and education programs offered within the Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University.’.CommentsClose CommentsPermalink
SEC. 4106. AUTHORITIES RELATED TO PERSONNEL.
(a) Extension of Certain Foreign Service Benefits- The Secretary, or the head of any agency with respect to personnel of that agency, may extend to any individuals assigned, detailed, or deployed to carry out reconstruction and stabilization activities pursuant to section 62 of the State Department Basic Authorities Act of 1956 (as added by section 4105 of this Act), the benefits or privileges set forth in sections 413, 704, and 901 of the Foreign Service Act of 1980 (
(b) Authority Regarding Details- The Secretary is authorized to accept details or assignments of any personnel, and any employee of a State or local government, on a reimbursable or nonreimbursable basis for the purpose of carrying out this subtitle, and the head of any agency is authorized to detail or assign personnel of such agency on a reimbursable or nonreimbursable basis to the Department of State for purposes of section 62 of the State Department Basic Authorities Act of 1956, as added by section 4105 of this Act.CommentsClose CommentsPermalink
SEC. 4107. RECONSTRUCTION AND STABILIZATION STRATEGY.
(a) In General- The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall develop an interagency strategy to respond to reconstruction and stabilization operations.CommentsClose CommentsPermalink
(b) Contents- The strategy required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) Identification of and efforts to improve the skills sets needed to respond to and support reconstruction and stabilization operations in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.CommentsClose CommentsPermalink
(2) Identification of specific agencies that can adequately satisfy the skills sets referred to in paragraph (1).CommentsClose CommentsPermalink
(3) Efforts to increase training of Federal civilian personnel to carry out reconstruction and stabilization activities.CommentsClose CommentsPermalink
(4) Efforts to develop a database of proven and best practices based on previous reconstruction and stabilization operations.CommentsClose CommentsPermalink
(5) A plan to coordinate the activities of agencies involved in reconstruction and stabilization operations.CommentsClose CommentsPermalink
SEC. 4108. ANNUAL REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this Act and annually for each of the five years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this subtitle. The report shall include detailed information on the following:CommentsClose CommentsPermalink
(1) Any steps taken to establish a Response Readiness Corps and a Civilian Reserve Corps, pursuant to section 62 of the State Department Basic Authorities Act of 1956 (as added by section 4105 of this Act).CommentsClose CommentsPermalink
(2) The structure, operations, and cost of the Response Readiness Corps and the Civilian Reserve Corps, if established.CommentsClose CommentsPermalink
(3) How the Response Readiness Corps and the Civilian Reserve Corps coordinate, interact, and work with other United States foreign assistance programs.CommentsClose CommentsPermalink
(4) An assessment of the impact that deployment of the Civilian Reserve Corps, if any, has had on the capacity and readiness of any domestic agencies or State and local governments from which Civilian Reserve Corps personnel are drawn.CommentsClose CommentsPermalink
(5) The reconstruction and stabilization strategy required by section 4107 and any annual updates to that strategy.CommentsClose CommentsPermalink
(6) Recommendations to improve implementation of subsection (b) of section 62 of the State Department Basic Authorities Act of 1956, including measures to enhance the recruitment and retention of an effective Civilian Reserve Corps.CommentsClose CommentsPermalink
(7) A description of anticipated costs associated with the development, annual sustainment, and deployment of the Civilian Reserve Corps.CommentsClose CommentsPermalink
Subtitle C--Overseas Private Investment Corporation Reauthorization of Act of 2008CommentsClose CommentsPermalink
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ‘Overseas Private Investment Corporation Reauthorization Act of 2008’.CommentsClose CommentsPermalink
SEC. 4202. REAUTHORIZATION OF OPIC PROGRAMS.
Section 235(a)(2) of the Foreign Assistance Act of 1961 (
SEC. 4203. REQUIREMENTS REGARDING INTERNATIONALLY RECOGNIZED WORKER RIGHTS.
Subsection (a) of section 231A of the Foreign Assistance Act of 1961 (
‘(a) Internationally Recognized Worker Rights-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Corporation may insure, reinsure, guaranty, or finance a project only if--CommentsClose CommentsPermalink
‘(A) the country in which the project is to be undertaken is eligible for designation as a beneficiary developing country under the Generalized System of Preferences (
19 U.S.C. 2461 et seq.) and has not been determined to be ineligible for such designation on the basis of section 502(b)(2)(G) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)(G) ) (relating to internationally recognized worker rights), or section 502(b)(2)(H) of such Act (19 U.S.C. 2462(b)(2)(H) (relating to the worst forms of child labor); orCommentsClose CommentsPermalink‘(B) the country in which the project is to be undertaken is not eligible for designation as a beneficiary country under the Generalized System of Preferences, the government of that country has taken or is taking steps to afford workers in the country (including any designated zone or special administrative region or area in that country) internationally recognized worker rights (as defined in section 507(4) of the Trade Act of 1974) (
19 U.S.C. 2467(4) ).CommentsClose CommentsPermalink‘(2) LIMITATION INAPPLICABLE- The limitation contained in paragraph (1) shall not apply to providing assistance for humanitarian services.CommentsClose CommentsPermalink
‘(3) USE OF REPORTS- The Corporation shall, in implementing paragraph (1), consider--CommentsClose CommentsPermalink
‘(A) information contained in the reports required by sections 116(d) and 502B(b) of this Act and the report required by section 504 of the Trade Act of 1974 (
19 U.S.C. 2464 );CommentsClose CommentsPermalink‘(B) other relevant sources of information readily available to the Corporation, including observations, reports, and recommendations of the International Labour Organization; andCommentsClose CommentsPermalink
‘(C) information provided in the hearing required under subsection (c).CommentsClose CommentsPermalink
‘(4) CONTRACT LANGUAGE- The Corporation shall include the following language, in substantially the following form, in all contracts which the Corporation enters into with eligible investors to provide support under this title:CommentsClose CommentsPermalink
‘The investor agrees not to take any actions to obstruct or prevent employees of the foreign enterprise from exercising the employees’ internationally recognized worker rights (as defined in section 507(4) of the Trade Act of 1974) (
19 U.S.C. 2467(4) ) and the investor agrees to adhere to the obligations regarding those rights. The investor agrees to prohibit discrimination with respect to employment and occupation.CommentsClose CommentsPermalink‘(5) PREFERENCE TO CERTAIN COUNTRIES- Consistent with its development objectives, the Corporation shall give preferential consideration to projects in countries that--CommentsClose CommentsPermalink
‘(A) have adopted and maintained, in the country’s laws and regulations, internationally recognized worker rights, as well as the elimination of discrimination with respect to employment and occupation; andCommentsClose CommentsPermalink
‘(B) are effectively enforcing those laws.’.CommentsClose CommentsPermalink
SEC. 4204. PREFERENTIAL CONSIDERATION OF CERTAIN INVESTMENT PROJECTS.
Section 231(f) of the Foreign Assistance Act of 1961 (
‘(f) to the greatest degree practicable and consistent with the goals of the Corporation, to give preferential consideration to investment projects in any less developed country the government of which is receptive to both domestic and foreign private enterprise and to projects in any country the government of which is willing and able to maintain conditions that enable private enterprise to make a full contribution to the development process;’.CommentsClose CommentsPermalink
SEC. 4205. CLIMATE CHANGE MITIGATION ACTION PLAN.
Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (
‘SEC. 234B. CLIMATE CHANGE MITIGATION.
‘(a) Mitigation Action Plan- The Corporation shall, not later than 180 days after the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008, institute a climate change mitigation action plan that includes the following:CommentsClose CommentsPermalink
‘(1) CLEAN TECHNOLOGY-CommentsClose CommentsPermalink
‘(A) INCREASING ASSISTANCE- The Corporation shall establish a goal of substantially increasing its support of projects that use, develop, or otherwise promote the use of clean energy technologies during the 10-year period beginning on the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008.CommentsClose CommentsPermalink
‘(B) PREFERENTIAL TREATMENT TO PROJECTS- The Corporation shall give preferential treatment to evaluating and awarding assistance for, and provide greater flexibility in supporting, projects that use, develop, or otherwise promote the use of clean energy technologies.CommentsClose CommentsPermalink
‘(C) REPORT ON PLAN- The Corporation shall, not later than 180 days after the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008, submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives a report on the plan developed to carry out subparagraph (A). Thereafter, the Corporation shall include in its annual report required under section 240A a discussion of the plan and its implementation.CommentsClose CommentsPermalink
‘(2) ENVIRONMENTAL IMPACT ASSESSMENTS-CommentsClose CommentsPermalink
‘(A) GREENHOUSE GAS EMISSIONS- The Corporation shall, in making an environmental impact assessment or initial environmental audit for a project under section 231A(b), also take into account the degree to which the project contributes to the emission of greenhouse gases.CommentsClose CommentsPermalink
‘(B) OTHER DUTIES NOT AFFECTED- The requirement provided for under subparagraph (A) is in addition to any other requirement, obligation, or duty of the Corporation.CommentsClose CommentsPermalink
‘(3) GOALS FOR REDUCING GREENHOUSE GAS EMISSIONS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Corporation shall continue to maintain--CommentsClose CommentsPermalink
‘(i) a goal for reducing direct greenhouse gas emissions associated with projects in the Corporation’s portfolio on the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008 by 20 percent during the 10-year period beginning on such date of enactment; andCommentsClose CommentsPermalink
‘(ii) a goal for limiting annual investments in projects that have significant greenhouse gas emissions after such date of enactment in a manner that reduces greenhouse gas emissions associated with projects in the Corporation’s total portfolio by 20 percent during the 10-year period beginning on such date of enactment.CommentsClose CommentsPermalink
‘(B) SPECIAL RULES-CommentsClose CommentsPermalink
‘(i) BASELINE- For purposes of determining the percentage by which greenhouse gas emissions are reduced under subparagraph (A), the Corporation shall use the aggregate estimated greenhouse gas emissions for projects in the Corporation’s portfolio.CommentsClose CommentsPermalink
‘(ii) SIGNIFICANT GREENHOUSE GAS EMISSIONS PROJECTS- For purposes of this paragraph, projects that have significant greenhouse gas emissions are projects that result in the emission of more than 100,000 tons of CO2 equivalent each year.CommentsClose CommentsPermalink
‘(C) REPORTING REQUIREMENTS- The Corporation shall include, in each annual report required under section 240A, the following information with respect to the period covered by the report:CommentsClose CommentsPermalink
‘(i) The annual greenhouse gas emissions attributable to each project in the Corporation’s active portfolio that has significant greenhouse gas emissions.CommentsClose CommentsPermalink
‘(ii) The estimated greenhouse gas emissions for each new project that has significant greenhouse gas emissions for which the Corporation provided insurance, reinsurance, a guaranty, or financing, since the previous report.CommentsClose CommentsPermalink
‘(iii) The extent to which the Corporation is meeting the goals described in subparagraph (A) for reducing greenhouse gas emissions.CommentsClose CommentsPermalink
‘(iv) Each new project for which the Corporation provided insurance, reinsurance, a guaranty, or financing, that involves renewable energy and environmentally beneficial products and services, including increased clean energy technology.CommentsClose CommentsPermalink
‘(b) Extraction Investments-CommentsClose CommentsPermalink
‘(1) PRIOR NOTIFICATION TO CONGRESSIONAL COMMITTEES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Corporation shall provide notice of consideration of approval of a project described in subparagraph (B) to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives not later than 60 days before approval of such project.CommentsClose CommentsPermalink
‘(B) PROJECT DESCRIBED- A project described in this subparagraph is a Category A project (as defined in section 237(q)(3)) relating to an extractive industry project or any extractive industry project for which the assistance to be provided by the Corporation is valued at $10,000,000 or more (including contingent liability).CommentsClose CommentsPermalink
‘(2) COMMITMENT TO EITI PRINCIPLES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the Corporation may approve a contract of insurance, reinsurance, a guaranty, or enter into an agreement to provide financing to an eligible investor for a project that significantly involves an extractive industry only if--CommentsClose CommentsPermalink
‘(i) the eligible investor has agreed to implement the Extractive Industries Transparency Initiative principles and criteria, or substantially similar principles and criteria related to the specific project to be carried out; andCommentsClose CommentsPermalink
‘(ii)(I) the host country where the project is to be carried out has committed to the Extractive Industries Transparency Initiative principles and criteria, or substantially similar principles and criteria; orCommentsClose CommentsPermalink
‘(II) the host country where the project is to be carried out has in place or is taking the necessary steps to establish functioning systems for--CommentsClose CommentsPermalink
‘(aa) accurately accounting for revenues and expenditures in connection with the extraction and export of the type of natural resource to be extracted or exported;CommentsClose CommentsPermalink
‘(bb) the independent audit of such revenues and expenditures and the widespread public dissemination of the finding of the audit; andCommentsClose CommentsPermalink
‘(cc) verifying government receipts against company payments, including widespread dissemination of such payment information, and disclosure of such documents as host government agreements, concession agreements, and bidding documents, and allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create a competitive disadvantage.CommentsClose CommentsPermalink
‘(B) EXCEPTION- If a host country does not meet the requirements of subparagraph (A)(ii) (I) or (II), the Corporation may approve a contract of insurance, reinsurance, or a guaranty, or enter into an agreement to provide financing for a project in the host country if the Corporation determines it is in the foreign policy interest of the United States for the Corporation to provide support for the project in the host country and the host country does not prevent an eligible investor from complying with subparagraph (A)(i).CommentsClose CommentsPermalink
‘(3) PREFERENCE FOR CERTAIN PROJECTS- With respect to all projects that significantly involve an extractive industry, the Corporation, to the extent practicable and consistent with the Corporation’s development objectives, shall give preference to a project in which the eligible investor has agreed to implement the Extractive Industries Transparency Initiative principles and criteria, or substantially similar principles and criteria, and the host country where the project is to be carried out has committed to the Extractive Industries Transparency Initiative principles and criteria, or substantially similar principles and criteria.CommentsClose CommentsPermalink
‘(4) EFFECT ON OTHER REQUIREMENTS- Nothing in this subsection shall affect the limitations and prohibitions with respect to direct investments described in section 234(c).CommentsClose CommentsPermalink
‘(5) REPORTING REQUIREMENT- The Corporation shall include in its annual report required under section 240A a description of its activities to carry out this subsection.CommentsClose CommentsPermalink
‘(c) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) CLEAN ENERGY TECHNOLOGY- The term ‘clean energy technology’ means an energy supply or end-use technology that, compared to a similar technology already in widespread commercial use in a host country, will--CommentsClose CommentsPermalink
‘(A) reduce emissions of greenhouse gases; orCommentsClose CommentsPermalink
‘(B) decrease the intensity of energy usage.CommentsClose CommentsPermalink
‘(2) GREENHOUSE GAS- The term ‘greenhouse gas’ means--CommentsClose CommentsPermalink
‘(A) carbon dioxide;CommentsClose CommentsPermalink
‘(B) methane;CommentsClose CommentsPermalink
‘(C) nitrous oxide;CommentsClose CommentsPermalink
‘(D) hydrofluorocarbons;CommentsClose CommentsPermalink
‘(E) perfluorocarbons; orCommentsClose CommentsPermalink
‘(F) sulfur hexafluoride.CommentsClose CommentsPermalink
‘(3) EXTRACTIVE INDUSTRY- The term ‘extractive industry’ refers to an enterprise engaged in the exploration, development, or extraction of oil and gas reserves, metal ores, gemstones, industrial minerals (except rock used for construction purposes), or coal.’.CommentsClose CommentsPermalink
SEC. 4206. INCREASED TRANSPARENCY.
(a) In General- Paragraph (2) of section 231A(c) of the Foreign Assistance Act of 1961 (
‘(2) In conjunction with each meeting of its Board of Directors, the Corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the Corporation. The Corporation shall notice such a hearing at least 20 days in advance. At least 15 days in advance of such hearing the Corporation shall make available a public summary of each project, including information related to workers rights, to be considered at the meeting. The Corporation shall not include any confidential business information in the summary made available under this subsection. Such views shall be made part of the record.’.CommentsClose CommentsPermalink
(b) Additional Transparency- Section 237 of the Foreign Assistance Act of 1961 (
‘(p) Review of Methodology- Not later than 180 days after the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008, the Corporation shall make available to the public the methodology, including relevant regulations, used to assess and monitor the impact of projects supported by the Corporation on employment in the United States and on the development, the environment, and the protection of internationally recognized worker rights, as well as the elimination of discrimination with respect to employment and occupation, in host countries.CommentsClose CommentsPermalink
‘(q) Public Notice Prior to Project Approval-CommentsClose CommentsPermalink
‘(1) PUBLIC NOTICE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Board of Directors of the Corporation may not vote in favor of any action proposed to be taken by the Corporation on a Category A project before the date that is 60 days after the Corporation--CommentsClose CommentsPermalink
‘(i) makes available for public comment a summary of the project and relevant information about the project; andCommentsClose CommentsPermalink
‘(ii) such summary and information described in clause (i) has been made available to groups in the area that may be impacted by the proposed project and to nongovernmental organizations in the host country.CommentsClose CommentsPermalink
‘(B) EXCEPTION- The Corporation shall not include any confidential business information in the summary and information made available under clauses (i) and (ii) of subparagraph (A).CommentsClose CommentsPermalink
‘(2) PUBLISHED RESPONSE- To the extent practicable, the Corporation shall publish responses to the comments received under paragraph (1)(A)(i) with respect to a Category A project and submit the responses to the Board not later than 7 days before a vote is to be taken on any action proposed by the Corporation on the project.CommentsClose CommentsPermalink
‘(3) CATEGORY A PROJECT DEFINED- The term ‘Category A project’ means any project or other activity for which the Corporation proposes to provide insurance, reinsurance, a guaranty, financing, or other assistance under this title and which is likely to have a significant adverse environmental impact.’.CommentsClose CommentsPermalink
(c) Office of Accountability- Section 237 of the Foreign Assistance Act of 1961 (
‘(r) Office of Accountability- The Corporation shall maintain an Office of Accountability to provide, to the maximum extent practicable, upon request, problem-solving services for projects supported by the Corporation and review of the Corporation’s compliance with its environmental, social, internationally recognized worker rights, human rights, and transparency policies and procedures. The Office of Accountability shall operate in a manner that is fair, objective, and transparent.’.CommentsClose CommentsPermalink
SEC. 4207. TRANSPARENCY AND ACCOUNTABILITY OF INVESTMENT FUNDS.
(a) In General- Section 239 of the Foreign Assistance Act of 1961 (
‘(l) Transparency and Accountability of Investment Funds-CommentsClose CommentsPermalink
‘(1) COMPETITIVE SELECTION OF INVESTMENT FUND MANAGEMENT- With respect to any investment fund that the Corporation creates on or after the date of the enactment of the Overseas Private Investment Corporation Reauthorization Act of 2008, the Corporation may select persons to manage the fund only by contract using competitive procedures that are full and open.CommentsClose CommentsPermalink
‘(2) CRITERIA FOR SELECTION- In assessing proposals for investment fund management proposals, the Corporation shall consider, in addition to other factors, the following:CommentsClose CommentsPermalink
‘(A) The prospective fund management’s experience, depth, and cohesiveness.CommentsClose CommentsPermalink
‘(B) The prospective fund management’s track record in investing risk capital in emerging markets.CommentsClose CommentsPermalink
‘(C) The prospective fund management’s experience, management record, and monitoring capabilities in the countries in which the management operates, including details of local presence (directly or through local alliances).CommentsClose CommentsPermalink
‘(D) The prospective fund management’s experience as a fiduciary in managing institutional capital, meeting reporting requirements, and administration.CommentsClose CommentsPermalink
‘(E) The prospective fund management’s record in avoiding investments in companies that would be disqualified under section 239(m).CommentsClose CommentsPermalink
‘(3) ANNUAL REPORT- The Corporation shall include in each annual report under section 240A an analysis of the investment fund portfolio of the Corporation, including the following:CommentsClose CommentsPermalink
‘(A) FUND PERFORMANCE- An analysis of the aggregate financial performance of the investment fund portfolio grouped by region and maturity.CommentsClose CommentsPermalink
‘(B) STATUS OF LOAN GUARANTIES- The amount of guaranties committed by the Corporation to support investment funds, including the percentage of such amount that has been disbursed to the investment funds.CommentsClose CommentsPermalink
‘(C) RISK RATINGS- The definition of risk ratings, and the current aggregate risk ratings for the investment fund portfolio, including the number of investment funds in each of the Corporation’s rating categories.CommentsClose CommentsPermalink
‘(D) COMPETITIVE SELECTION OF INVESTMENT FUND MANAGEMENT- The number of proposals received and evaluated for each newly established investment fund.’.CommentsClose CommentsPermalink
(b) GAO Review- Not later than 1 year after the submission of the first report to Congress under section 240A of the Foreign Assistance Act of 1961 that includes the information required by section 239(l)(3) of that Act (as added by subsection (a) of this section), the Comptroller General of the United States shall prepare and submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives an independent assessment of the investment fund portfolio of the Overseas Private Investment Corporation, covering the items required to be addressed under such section 239(l)(3).CommentsClose CommentsPermalink
SEC. 4208. PROHIBITION ON ASSISTANCE TO DEVELOP OR PROMOTE CERTAIN RAILWAY CONNECTIONS AND RAILWAY-RELATED CONNECTIONS.
Section 237 of the Foreign Assistance Act of 1961 (
‘(s) Prohibition on Assistance for Certain Railway Projects- The Corporation may not provide insurance, reinsurance, a guaranty, financing, or other assistance to support the development or promotion of a railway connection or railway-related connection that connects Azerbaijan and Turkey without connecting or traversing with Armenia.’.CommentsClose CommentsPermalink
SEC. 4209. INELIGIBILITY OF PERSONS DOING CERTAIN BUSINESS WITH STATE SPONSORS OF TERRORISM.
(a) In General- Section 231 of the Foreign Assistance Act of 1961 (
(1) striking ‘and’ at the end of division (m);CommentsClose CommentsPermalink
(2) by striking the period at the end of division (n) and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(o) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing or any other assistance for a prospective eligible investor who enters, directly or through an affiliate, into certain discouraged transactions with a state sponsor of terrorism.’.CommentsClose CommentsPermalink
(b) General Provisions and Powers- Section 239 of the Foreign Assistance Act of 1961 (
‘(m) State Sponsor of Terrorism-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In order to carry out the policy set forth in section 231(o) of this Act, the Corporation shall require a certification from an officer of a prospective OPIC-supported United States investor that the investor and all affiliates of the investor are not engaged in a discouraged transaction with a state sponsor of terrorism.CommentsClose CommentsPermalink
‘(2) DISCOURAGED TRANSACTION- In this subsection, the term ‘discouraged transaction’ means any of the following activities:CommentsClose CommentsPermalink
‘(A) An investment commitment of $20,000,000 or more by the investor in the energy sector in a state sponsor of terrorism.CommentsClose CommentsPermalink
‘(B) Any loan, or an extension of credit, to the government of a state sponsor of terrorism by the investor that--CommentsClose CommentsPermalink
‘(i) is outstanding on the date the Corporation enters into a contract with the investor; andCommentsClose CommentsPermalink
‘(ii) that has a value of more than $5,000,000, including the sale of goods for which payment is not required by the purchaser within 45 days.CommentsClose CommentsPermalink
‘(C) The transfer by the investor of goods that are included on the United States Munitions List, referred to in section 38(a)(1) of the Arms Export Control Act (
22 U.S.C. 2778(a)(1) ) to a state sponsor of terrorism within the 3-year period preceding the date the Corporation enters into a contract with the investor.CommentsClose CommentsPermalink‘(3) EXCEPTION- An officer of a prospective OPIC-supported United States investor may provide a certification under this subsection notwithstanding the fact that an affiliate of the investor is engaged in a discouraged transaction if the transaction is carried out under a contract or other obligation of the affiliate that was entered into or incurred before the acquisition of such affiliate by the prospective OPIC-supported United States investor or the parent company of the OPIC-supported United States investor.CommentsClose CommentsPermalink
‘(4) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink
‘(A) AFFILIATE- The term ‘affiliate’ means any person that is directly or indirectly controlled by, under common control with, or controls a prospective OPIC-supported United States investor or the parent company of such investor.CommentsClose CommentsPermalink
‘(B) INVESTMENT COMMITMENT IN THE ENERGY SECTOR OF A STATE SPONSOR OF TERRORISM- The term ‘investment commitment in the energy sector of a state sponsor of terrorism’ means any of the following activities if such activity is undertaken pursuant to a commitment, or pursuant to the exercise of rights under a commitment, that was entered into with the government of a state sponsor of terrorism or a nongovernmental entity in a country that is a state sponsor of terrorism:CommentsClose CommentsPermalink
‘(i) The entry into a contract that includes responsibility for the development or transportation of petroleum or natural gas resources located in a country that is a state sponsor of terrorism, or the entry into a contract providing for the general supervision or guaranty of another person’s performance of such a contract.CommentsClose CommentsPermalink
‘(ii) The purchase of a share of ownership, including an equity interest, in the development of petroleum or natural resources described in clause (i).CommentsClose CommentsPermalink
‘(iii) The entry into a contract providing for the participation in royalties, earnings, or profits in the development of petroleum or natural resources described in clause (i), without regard to the form of the participation.CommentsClose CommentsPermalink
‘(C) STATE SPONSOR OF TERRORISM- The term ‘state sponsor of terrorism’ --CommentsClose CommentsPermalink
‘(i) means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979, section 620A of this Act, or section 40 of the Arms Export Control Act; andCommentsClose CommentsPermalink
‘(ii) does not include Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei, Darfur, if the Corporation, with the concurrence of the Secretary of State, determines that providing assistance for projects in such regions will provide emergency relief, promote economic self-sufficiency, or implement a nonmilitary program in support of a viable peace agreement in Sudan, such as the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement.’.CommentsClose CommentsPermalink
SEC. 4210. CONGRESSIONAL NOTIFICATION REGARDING MAXIMUM CONTINGENT LIABILITY.
Section 239 of the Foreign Assistance Act of 1961 (
‘(n) Congressional Notification of Increase in Maximum Contingent Liability- The Corporation shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives not later than 15 days after the date on which the Corporation’s maximum contingent liability outstanding at any one time pursuant to insurance issued under section 234(a), and the amount of financing issued under sections 234(b) and (c), exceeds the Corporation’s maximum contingent liability for the preceding fiscal year by 25 percent or more.’.CommentsClose CommentsPermalink
SEC. 4211. EXTENSION OF AUTHORITY TO OPERATE IN IRAQ.
Section 239 of the Foreign Assistance Act of 1961 (
‘(o) Operations in Iraq- Notwithstanding subsections (a) and (b) of section 237, the Corporation is authorized to undertake in Iraq any program authorized by this title.’.CommentsClose CommentsPermalink
SEC. 4212. LOW-INCOME HOUSING.
Not later than 1 year after the date of the enactment of this Act, the Corporation shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, in consultation with appropriate departments, agencies, and instrumentalities of the United States, as well as private entities, on the feasibility of broadening the assistance the Corporation provides to projects that provide support to low-income home buyers. If the Corporation finds such assistance is feasible, the Corporation shall identify and begin to implement steps to proceed to provide such assistance.CommentsClose CommentsPermalink
SEC. 4213. ASSISTANCE FOR SMALL BUSINESSES AND ENTITIES.
Section 240 of the Foreign Assistance Act of 1961 (
‘(c) Resources Dedicated to Small Businesses, Cooperatives, and Other Small United States Investors- The Corporation shall ensure that adequate personnel and resources, including senior officers, are dedicated to assist United States small businesses, cooperatives, and other small United States investors in obtaining insurance, reinsurance, financing, and other assistance under this title. The Corporation shall include, in each annual report under section 240A, the following information with respect to the period covered by the report:CommentsClose CommentsPermalink
‘(1) A description of such personnel and resources.CommentsClose CommentsPermalink
‘(2) The number of United States small businesses, cooperatives, and other small United States investors that received insurance, reinsurance, financing, and other assistance from the Corporation, and the dollar value of such insurance, reinsurance, financing, and other assistance.CommentsClose CommentsPermalink
‘(3) A description of the projects for which the insurance, reinsurance, financing, and other assistance was provided.’.CommentsClose CommentsPermalink
SEC. 4214. TECHNICAL CORRECTIONS.
(a) Pilot Equity Finance Program- Section 234 of the Foreign Assistance Act of 1961 (
(1) by striking subsection (g); andCommentsClose CommentsPermalink
(2) by redesignating subsection (h) as subsection (g).CommentsClose CommentsPermalink
(b) Transfer Authority- Section 235 of the Foreign Assistance Act of 1961 (
(1) by striking subsection (e); andCommentsClose CommentsPermalink
(2) by redesignating subsection (f) as subsection (e).CommentsClose CommentsPermalink
(c) Guaranty Contract- Section 237(j) of the Foreign Assistance Act of 1961 (
(d) Transfer of Predecessor Programs and Authorities-CommentsClose CommentsPermalink
(1) TRANSFER- Section 239 of the Foreign Assistance Act of 1961 (
(A) by striking subsection (b); andCommentsClose CommentsPermalink
(B) by redesignating subsections (c) through (o) as subsections (b) through (n), respectively.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 237(m)(1) of the Foreign Assistance Act of 1961 (
(B) Section 240A(a) of the Foreign Assistance Act of 1961 (
(i) in paragraph (1), by striking ‘239(h)’ and inserting ‘239(g)’; andCommentsClose CommentsPermalink
(ii) in paragraph (2)(A), by striking ‘239(i)’ and inserting ‘239(h)’.CommentsClose CommentsPermalink
(C) Section 209(e)(16) of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted into law by section 1000(a)(7) of
(e) Additional Clerical Amendments- Section 234(b) of the Foreign Assistance Act of 1961 (
Subtitle D--Tropical Forest and Coral Conservation Reauthorization Act of 2008CommentsClose CommentsPermalink
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ‘Tropical Forest and Coral Conservation Reauthorization Act of 2008’.CommentsClose CommentsPermalink
SEC. 4302. AMENDMENT TO SHORT TITLE OF ACT TO ENCOMPASS EXPANDED SCOPE.
(a) In General- Section 801 of the Tropical Forest Conservation Act of 1998 (
(b) References- Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ‘Tropical Forest Conservation Act of 1998’ shall be deemed to be a reference to the ‘Tropical Forest and Coral Conservation Act of 2008’.CommentsClose CommentsPermalink
SEC. 4303. EXPANSION OF SCOPE OF ACT TO PROTECT FORESTS AND CORAL REEFS.
(a) In General- Section 802 of the Tropical Forest and Coral Conservation Act of 2008 (
(1) in subsections (a)(1), (a)(6), (a)(7), (b)(1), (b)(3), and (b)(4), by striking ‘tropical forests’ each place it appears and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems’;CommentsClose CommentsPermalink
(2) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking ‘resources, which are the basis for developing pharmaceutical products and revitalizing agricultural crops’ and inserting ‘resources’; andCommentsClose CommentsPermalink
(B) in subparagraph (C), by striking ‘far-flung’; andCommentsClose CommentsPermalink
(3) in subsection (b)(2)--CommentsClose CommentsPermalink
(A) by striking ‘tropical forests’ the first place it appears and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems’;CommentsClose CommentsPermalink
(B) by striking ‘tropical forests’ the second place it appears and inserting ‘areas’;CommentsClose CommentsPermalink
(C) by striking ‘tropical forests’ the third place it appears and inserting ‘tropical forests and coral reefs and their associated coastal marine ecosystems’; andCommentsClose CommentsPermalink
(D) by striking ‘that have led to deforestation’ and inserting ‘on such countries’.CommentsClose CommentsPermalink
(b) Amendments Related to Definitions- Section 803 of such Act (
(1) in paragraph (5)--CommentsClose CommentsPermalink
(A) in the heading, by striking ‘TROPICAL FOREST’ and inserting ‘TROPICAL FOREST OR CORAL REEF’;CommentsClose CommentsPermalink
(B) in the matter preceding subparagraph (A), by striking ‘tropical forest’ and inserting ‘tropical forest or coral reef’; andCommentsClose CommentsPermalink
(C) in subparagraph (B), by striking ‘tropical forest’ and inserting ‘tropical forest or coral reef’.CommentsClose CommentsPermalink
(2) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(10) CORAL- The term ‘coral’ means species of the phylum Cnidaria, including--CommentsClose CommentsPermalink
‘(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Alcyonacea (soft corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), and Coenothecalia (blue coral), of the class Anthoza; andCommentsClose CommentsPermalink
‘(B) all species of the order Hydrocorallina (fire corals and hydrocorals) of the class Hydrozoa.CommentsClose CommentsPermalink
‘(11) CORAL REEF- The term ‘coral reef’ means any reef or shoal composed primarily of coral.CommentsClose CommentsPermalink
‘(12) ASSOCIATED COASTAL MARINE ECOSYSTEM- The term ‘associated coastal marine ecosystem’ means any coastal marine ecosystem surrounding, or directly related to, a coral reef and important to maintaining the ecological integrity of that coral reef, such as seagrasses, mangroves, sandy seabed communities, and immediately adjacent coastal areas.’.CommentsClose CommentsPermalink
SEC. 4304. CHANGE TO NAME OF FACILITY.
(a) In General- Section 804 of the Tropical Forest and Coral Conservation Act of 2008 (
(b) Conforming Amendments to Definitions- Section 803(8) of such Act (
(1) in the heading, by striking ‘TROPICAL FOREST FACILITY’ and inserting ‘CONSERVATION FACILITY’; andCommentsClose CommentsPermalink
(2) by striking ‘Tropical Forest Facility’ both places it appears and inserting ‘Conservation Facility’.CommentsClose CommentsPermalink
(c) References- Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the ‘Tropical Forest Facility’ shall be deemed to be a reference to the ‘Conservation Facility’.CommentsClose CommentsPermalink
SEC. 4305. ELIGIBILITY FOR BENEFITS.
Section 805(a) of the Tropical Forest and Coral Conservation Act of 2008 (
SEC. 4306. UNITED STATES GOVERNMENT REPRESENTATION ON OVERSIGHT BODIES FOR GRANTS FROM DEBT-FOR-NATURE SWAPS AND DEBT-BUYBACKS.
Section 808(a)(5) of the Tropical Forest and Coral Conservation Act of 2008 (
‘(C) UNITED STATES GOVERNMENT REPRESENTATION ON THE ADMINISTERING BODY- One or more individuals appointed by the United States Government may serve in an official capacity on the administering body that oversees the implementation of grants arising from a debt-for-nature swap or debt buy-back regardless of whether the United States is a party to any agreement between the eligible purchaser and the government of the beneficiary country.’.CommentsClose CommentsPermalink
SEC. 4307. CONSERVATION AGREEMENTS.
(a) Renaming of Agreements- Section 809 of the Tropical Forest and Coral Conservation Act of 2008 (
(1) in the section heading, by striking ‘tropical forest agreement’ and inserting ‘conservation agreement’; andCommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘AUTHORITY’ and all that follows through ‘(1) IN GENERAL- The Secretary’ and inserting ‘AUTHORITY- The Secretary’; andCommentsClose CommentsPermalink
(B) by striking ‘Tropical Forest Agreement’ and inserting ‘Conservation Agreement’.CommentsClose CommentsPermalink
(b) Elimination of Requirement To Consult With the Enterprise for the Americas Board- Such subsection is further amended by striking paragraph (2).CommentsClose CommentsPermalink
(c) Role of Beneficiary Countries- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (e)(1)(C), by striking ‘in exceptional circumstances, the government of the beneficiary country’ and inserting ‘in limited circumstances, the government of the beneficiary country when needed to improve governance and enhance management of tropical forests or coral reefs or associated coastal marine ecosystems, without replacing existing levels of financial efforts by the government of the beneficiary country and with priority given to projects that complement grants made under subparagraphs (A) and (B)’; andCommentsClose CommentsPermalink
(2) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink
‘(f) Review of Larger Grants- Any grant of more than $250,000 from a Fund must be approved by the Government of the United States and the government of the beneficiary country.’.CommentsClose CommentsPermalink
(d) Technical and Conforming Amendments- Such section is further amended--CommentsClose CommentsPermalink
(1) in subsection (c)(2)(A)(i), by inserting ‘to serve in an official capacity’ after ‘Government’;CommentsClose CommentsPermalink
(2) in subsection (d)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘tropical forests’ and inserting ‘tropical forests and coral reefs and associated coastal marine ecosystems related to such coral reefs’;CommentsClose CommentsPermalink
(B) in paragraph (5), by striking ‘tropical forest’; andCommentsClose CommentsPermalink
(C) in paragraph (6), by striking ‘living in or near a tropical forest in a manner consistent with protecting such tropical forest’ and inserting ‘dependent on a tropical forest or coral reef or an associated coastal marine ecosystem related to such coral reef and related resources in a manner consistent with conserving such resources’.CommentsClose CommentsPermalink
(e) Conforming Amendments to Definitions- Section 803(7) of such Act (
(1) in the heading, by striking ‘TROPICAL FOREST AGREEMENT’ and inserting ‘CONSERVATION AGREEMENT’; andCommentsClose CommentsPermalink
(2) by striking ‘Tropical Forest Agreement’ both places it appears and inserting ‘Conservation Agreement’.CommentsClose CommentsPermalink
SEC. 4308. CONSERVATION FUND.
(a) In General- Section 810 of the Tropical Forest and Coral Conservation Act of 2008 (
(1) in the section heading, by striking ‘tropical forest fund’ and inserting ‘conservation fund’; andCommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘Tropical Forest Agreement’ and inserting ‘Conservation Agreement’; andCommentsClose CommentsPermalink
(B) by striking ‘Tropical Forest Fund’ and inserting ‘Conservation Fund’.CommentsClose CommentsPermalink
(b) Conforming Amendments to Definitions- Such Act is further amended--CommentsClose CommentsPermalink
(1) in section 803(9) (
(A) in the heading, by striking ‘TROPICAL FOREST FUND’ and inserting ‘CONSERVATION FUND’; andCommentsClose CommentsPermalink
(B) by striking ‘Tropical Forest Fund’ both places it appears and inserting ‘Conservation Fund’;CommentsClose CommentsPermalink
(2) in section 806(c)(2) (
(3) in section 807(c)(2) (
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.
(a) In General- Section 811 of the Tropical Forest and Coral Conservation Act of 2008 (
(b) Conforming Amendments- Section 803 of such Act (
(1) by striking paragraph (4); andCommentsClose CommentsPermalink
(2) by redesignating paragraphs (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), and (8), respectively.CommentsClose CommentsPermalink
SEC. 4310. CHANGES TO DUE DATES OF ANNUAL REPORTS TO CONGRESS.
Section 813 of the Tropical Forest and Coral Conservation Act of 2008 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘(a) In General- Not later than December 31’ and inserting ‘Not later than April 15’;CommentsClose CommentsPermalink
(B) by striking ‘Facility’ both places it appears and inserting ‘Conservation Facility’; andCommentsClose CommentsPermalink
(C) by striking ‘fiscal year’ both places it appears and inserting ‘calendar year’; andCommentsClose CommentsPermalink
(2) by striking subsection (b).CommentsClose CommentsPermalink
SEC. 4311. CHANGES TO INTERNATIONAL MONETARY FUND CRITERION FOR COUNTRY ELIGIBILITY.
Section 703(a)(5) of the Foreign Assistance Act of 1961 (
(1) by striking ‘or, as appropriate in exceptional circumstances,’ and inserting ‘or’;CommentsClose CommentsPermalink
(2) in subparagraph (A)--CommentsClose CommentsPermalink
(A) by striking ‘or in exceptional circumstances, a Fund monitored program or its equivalent,’ and inserting ‘or a Fund monitored program, or is implementing sound macroeconomic policies,’; andCommentsClose CommentsPermalink
(B) by striking ‘(after consultation with the Enterprise for the Americas Board)’; andCommentsClose CommentsPermalink
(3) in subparagraph (B), by striking ‘(after consultation with the Enterprise for Americas Board)’.CommentsClose CommentsPermalink
SEC. 4312. NEW AUTHORIZATION OF APPROPRIATIONS FOR THE REDUCTION OF DEBT AND AUTHORIZATION FOR AUDIT, EVALUATION, MONITORING, AND ADMINISTRATION EXPENSES.
Section 806 of the Tropical Forest and Coral Conservation Act of 2008 (
(1) in subsection (d), by adding at the end the following new paragraphs:CommentsClose CommentsPermalink
‘(7) $30,000,000 for fiscal year 2008.CommentsClose CommentsPermalink
‘(8) $30,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
‘(9) $30,000,000 for fiscal year 2010.’; andCommentsClose CommentsPermalink
(2) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink
‘(e) Use of Funds To Conduct Program Audits, Evaluations, Monitoring, and Administration- Of the amounts made available to carry out this part for a fiscal year, $300,000 is authorized to be made available to carry out audits, evaluations, monitoring, and administration of programs under this part, including personnel costs associated with such audits, evaluations, monitoring and administration.’CommentsClose CommentsPermalink
Subtitle E--Torture Victims Relief Reauthorization Act of 2008CommentsClose CommentsPermalink
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ‘Torture Victims Relief Reauthorization Act of 2008’.CommentsClose CommentsPermalink
SEC. 4402. AUTHORIZATION OF APPROPRIATIONS FOR DOMESTIC TREATMENT CENTERS FOR VICTIMS OF TORTURE.
Section 5(b)(1) of the Torture Victims Relief Act of 1998 (
‘(1) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be appropriated for the Department of Health and Human Services for fiscal years 2008 and 2009, there are authorized to be appropriated to carry out subsection (a) $25,000,000 for each of the fiscal years 2008 and 2009.’.CommentsClose CommentsPermalink
SEC. 4403. AUTHORIZATION OF APPROPRIATIONS FOR FOREIGN TREATMENT CENTERS FOR VICTIMS OF TORTURE.
Section 4(b)(1) of the Torture Victims Relief Act of 1998 (
‘(1) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be appropriated for fiscal years 2008 and 2009 pursuant to chapter 1 of part I of the Foreign Assistance Act of 1961 (
22 U.S.C. 2151 et seq.), there are authorized to be appropriated to the President to carry out section 130 of such Act $12,000,000 for each of the fiscal years 2008 and 2009.’.CommentsClose CommentsPermalink
SEC. 4404. AUTHORIZATION OF APPROPRIATIONS FOR THE UNITED STATES CONTRIBUTION TO THE UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF TORTURE.
Section 6(a) of the Torture Victims Relief Act of 1998 (
‘(a) Funding- Of the amounts authorized to be appropriated for fiscal years 2008 and 2009 pursuant to chapter 3 of part I of the Foreign Assistance Act of 1961 (
22 U.S.C. 2221 et seq.), there are authorized to be appropriated to the President for a voluntary contribution to the United Nations Voluntary Fund for Victims of Torture $12,000,000 for each of the fiscal years 2008 and 2009.’.CommentsClose CommentsPermalink
Subtitle F--Support for the Museum of the History of Polish Jews Act of 2008CommentsClose CommentsPermalink
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ‘Support for the Museum of the History of Polish Jews Act of 2008’.CommentsClose CommentsPermalink
SEC. 4502. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Current and future generations benefit greatly by visible reminders and documentation of the historical and cultural roots of their society.CommentsClose CommentsPermalink
(2) It is in the national interest of the United States to encourage the preservation and protection of artifacts associated with the heritage of United States citizens who trace their forbearers to other countries and to encourage the collection and dissemination of knowledge about that heritage.CommentsClose CommentsPermalink
(3) According to the 2000 United States Census, nearly 9,000,000 Americans are of Polish ancestry.CommentsClose CommentsPermalink
(4) At the beginning of World War II, Poland had the largest Jewish population in Europe.CommentsClose CommentsPermalink
(5) In 1996, Yeshayahu Weinberg, a founding director of Tel Aviv’s Diaspora Museum and the United States Holocaust Memorial Museum, created an international team of experts with the goal of establishing a Museum of the History of Polish Jews.CommentsClose CommentsPermalink
(6) The Museum of the History of Polish Jews will preserve and present the history of the Jewish people in Poland and the wealth of their culture spanning a period of 1,000 years.CommentsClose CommentsPermalink
(7) In 1997, the City of Warsaw donated a parcel of land, opposite the Warsaw Ghetto Uprising Memorial, for the explicit use for the Museum of the History of Polish Jews.CommentsClose CommentsPermalink
(8) In 2005, the Government of Poland and the City of Warsaw agreed to provide 40,000,000 Polish zlotys for the construction of the Museum of the History of Polish Jews.CommentsClose CommentsPermalink
(9) In 2005, an international architectural competition selected a Finnish firm to design the building for the Museum of the History of Polish Jews.CommentsClose CommentsPermalink
(10) In 2006, the building for the Museum of the History of Polish Jews moved into the last phase of project design.CommentsClose CommentsPermalink
SEC. 4503. ASSISTANCE FOR THE MUSEUM OF THE HISTORY OF POLISH JEWS.
(a) Authority- The Secretary of State is authorized to provide not more than $5,000,000 in assistance, on such terms and conditions as the Secretary may specify, to fund the establishment of, and maintain the permanent collection of, the Museum of the History of Polish Jews.CommentsClose CommentsPermalink
(b) Expiration- The authority under subsection (a) shall expire on October 1, 2010.CommentsClose CommentsPermalink
TITLE V--COMMERCE, SCIENCE, AND TRANSPORTATION PROVISIONSCommentsClose CommentsPermalink
Subtitle A--CommunicationsCommentsClose CommentsPermalink
PART I--BROADBAND DATA IMPROVEMENT ACT
SEC. 5101. SHORT TITLE.
This part may be cited as the ‘Broadband Data Improvement Act’.CommentsClose CommentsPermalink
SEC. 5102. FINDINGS.
The Congress finds the following:CommentsClose CommentsPermalink
(1) The deployment and adoption of broadband technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans.CommentsClose CommentsPermalink
(2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competitive and continues to create business and job growth.CommentsClose CommentsPermalink
(3) Improving Federal data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation.CommentsClose CommentsPermalink
(4) The Federal Government should also recognize and encourage complementary State efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation.CommentsClose CommentsPermalink
SEC. 5103. IMPROVING FEDERAL DATA ON BROADBAND.
(a) Improving Section 706 Inquiry- Section 706 of the Telecommunications Act of 1996 (
(1) by striking ‘regularly’ in subsection (b) and inserting ‘annually’;CommentsClose CommentsPermalink
(2) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink
(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
‘(c) Demographic Information for Unserved Areas- As part of the inquiry required by subsection (b), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability (as defined by section 706(c)(1) of the Telecommunications Act of 1996 (
47 U.S.C. 157 note)) and to the extent that data from the Census Bureau is available, determine, for each such unserved area--CommentsClose CommentsPermalink
‘(1) the population;CommentsClose CommentsPermalink
‘(2) the population density; andCommentsClose CommentsPermalink
‘(3) the average per capita income.’.CommentsClose CommentsPermalink
(b) International Comparison-CommentsClose CommentsPermalink
(1) IN GENERAL- As part of the assessment and report required by section 706 of the Telecommunications Act of 1996 (
(2) CONTENTS- The Commission shall choose communities for the comparison under this subsection in a manner that will offer, to the extent possible, communities of a population size, population density, topography, and demographic profile that are comparable to the population size, population density, topography, and demographic profile of various communities within the United States. The Commission shall include in the comparison under this subsection--CommentsClose CommentsPermalink
(A) a geographically diverse selection of countries; andCommentsClose CommentsPermalink
(B) communities including the capital cities of such countries.CommentsClose CommentsPermalink
(3) SIMILARITIES AND DIFFERENCES- The Commission shall identify relevant similarities and differences in each community, including their market structures, the number of competitors, the number of facilities-based providers, the types of technologies deployed by such providers, the applications and services those technologies enable, the regulatory model under which broadband service capability is provided, the types of applications and services used, business and residential use of such services, and other media available to consumers.CommentsClose CommentsPermalink
(c) Consumer Survey of Broadband Service Capability-CommentsClose CommentsPermalink
(1) IN GENERAL- For the purpose of evaluating, on a statistically significant basis, the national characteristics of the use of broadband service capability, the Commission shall conduct and make public periodic surveys of consumers in urban, suburban, and rural areas in the large business, small business, and residential consumer markets to determine--CommentsClose CommentsPermalink
(A) the types of technology used to provide the broadband service capability to which consumers subscribe;CommentsClose CommentsPermalink
(B) the amounts consumers pay per month for such capability;CommentsClose CommentsPermalink
(C) the actual data transmission speeds of such capability;CommentsClose CommentsPermalink
(D) the types of applications and services consumers most frequently use in conjunction with such capability;CommentsClose CommentsPermalink
(E) for consumers who have declined to subscribe to broadband service capability, the reasons given by such consumers for declining such capability;CommentsClose CommentsPermalink
(F) other sources of broadband service capability which consumers regularly use or on which they rely; andCommentsClose CommentsPermalink
(G) any other information the Commission deems appropriate for such purpose.CommentsClose CommentsPermalink
(2) PUBLIC AVAILABILITY- The Commission shall make publicly available the results of surveys conducted under this subsection at least once per year.CommentsClose CommentsPermalink
(d) Improving Census Data on Broadband- The Secretary of Commerce, in consultation with the Federal Communications Commission, shall expand the American Community Survey conducted by the Bureau of the Census to elicit information for residential households, including those located on native lands, to determine whether persons at such households own or use a computer at that address, whether persons at that address subscribe to Internet service and, if so, whether such persons subscribe to dial-up or broadband Internet service at that address.CommentsClose CommentsPermalink
(e) Proprietary Information- Nothing in this part shall reduce or remove any obligation the Commission has to protect proprietary information, nor shall this part be construed to compel the Commission to make publicly available any proprietary information.CommentsClose CommentsPermalink
SEC. 5104. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.
(a) In General- The Comptroller General shall conduct a study to consider and evaluate additional broadband metrics or standards that may be used by industry and the Federal Government to provide users with more accurate information about the cost and capability of their broadband connection, and to better compare the deployment and penetration of broadband in the United States with other countries. At a minimum, such study shall consider potential standards or metrics that may be used--CommentsClose CommentsPermalink
(1) to calculate the average price per megabit per second of broadband offerings;CommentsClose CommentsPermalink
(2) to reflect the average actual speed of broadband offerings compared to advertised potential speeds and to consider factors affecting speed that may be outside the control of a broadband provider;CommentsClose CommentsPermalink
(3) to compare, using comparable metrics and standards, the availability and quality of broadband offerings in the United States with the availability and quality of broadband offerings in other industrialized nations, including countries that are members of the Organization for Economic Cooperation and Development; andCommentsClose CommentsPermalink
(4) to distinguish between complementary and substitutable broadband offerings in evaluating deployment and penetration.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the results of the study, with recommendations for how industry and the Federal Communications Commission can use such metrics and comparisons to improve the quality of broadband data and to better evaluate the deployment and penetration of comparable broadband service at comparable rates across all regions of the Nation.CommentsClose CommentsPermalink
SEC. 5105. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON SMALL BUSINESSES.
(a) In General- The Small Business Administration Office of Advocacy shall conduct a study evaluating the impact of broadband speed and price on small businesses.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, the Office shall submit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Small Business and Entrepreneurship, the House of Representatives Committee on Energy and Commerce, and the House of Representatives Committee on Small Business on the results of the study, including--CommentsClose CommentsPermalink
(1) a survey of broadband speeds available to small businesses;CommentsClose CommentsPermalink
(2) a survey of the cost of broadband speeds available to small businesses;CommentsClose CommentsPermalink
(3) a survey of the type of broadband technology used by small businesses; andCommentsClose CommentsPermalink
(4) any policy recommendations that may improve small businesses access to comparable broadband services at comparable rates in all regions of the Nation.CommentsClose CommentsPermalink
SEC. 5106. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes- The purposes of any grant under subsection (b) are--CommentsClose CommentsPermalink
(1) to ensure that all citizens and businesses in a State have access to affordable and reliable broadband service;CommentsClose CommentsPermalink
(2) to achieve improved technology literacy, increased computer ownership, and broadband use among such citizens and businesses;CommentsClose CommentsPermalink
(3) to establish and empower local grassroots technology teams in each State to plan for improved technology use across multiple community sectors; andCommentsClose CommentsPermalink
(4) to establish and sustain an environment ripe for broadband services and information technology investment.CommentsClose CommentsPermalink
(b) Establishment of State Broadband Data and Development Grant Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of Commerce shall award grants, taking into account the results of the peer review process under subsection (d), to eligible entities for the development and implementation of statewide initiatives to identify and track the availability and adoption of broadband services within each State.CommentsClose CommentsPermalink
(2) COMPETITIVE BASIS- Any grant under subsection (b) shall be awarded on a competitive basis.CommentsClose CommentsPermalink
(c) Eligibility- To be eligible to receive a grant under subsection (b), an eligible entity shall--CommentsClose CommentsPermalink
(1) submit an application to the Secretary of Commerce, at such time, in such manner, and containing such information as the Secretary may require;CommentsClose CommentsPermalink
(2) contribute matching non-Federal funds in an amount equal to not less than 20 percent of the total amount of the grant; andCommentsClose CommentsPermalink
(3) agree to comply with confidentiality requirements in subsection (h)(2) of this section.CommentsClose CommentsPermalink
(d) Peer Review; Nondisclosure-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall by regulation require appropriate technical and scientific peer review of applications made for grants under this section.CommentsClose CommentsPermalink
(2) REVIEW PROCEDURES- The regulations required under paragraph (1) shall require that any technical and scientific peer review group--CommentsClose CommentsPermalink
(A) be provided a written description of the grant to be reviewed;CommentsClose CommentsPermalink
(B) provide the results of any review by such group to the Secretary of Commerce; andCommentsClose CommentsPermalink
(C) certify that such group will enter into voluntary nondisclosure agreements as necessary to prevent the unauthorized disclosure of confidential and proprietary information provided by broadband service providers in connection with projects funded by any such grant.CommentsClose CommentsPermalink
(e) Use of Funds- A grant awarded to an eligible entity under subsection (b) shall be used--CommentsClose CommentsPermalink
(1) to provide a baseline assessment of broadband service deployment in each State;CommentsClose CommentsPermalink
(2) to identify and track--CommentsClose CommentsPermalink
(A) areas in each State that have low levels of broadband service deployment;CommentsClose CommentsPermalink
(B) the rate at which residential and business users adopt broadband service and other related information technology services; andCommentsClose CommentsPermalink
(C) possible suppliers of such services;CommentsClose CommentsPermalink
(3) to identify barriers to the adoption by individuals and businesses of broadband service and related information technology services, including whether or not--CommentsClose CommentsPermalink
(A) the demand for such services is absent; andCommentsClose CommentsPermalink
(B) the supply for such services is capable of meeting the demand for such services;CommentsClose CommentsPermalink
(4) to identify the speeds of broadband connections made available to individuals and businesses within the State, and, at a minimum, to rely on the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, to promote greater consistency of data among the States;CommentsClose CommentsPermalink
(5) to create and facilitate in each county or designated region in a State a local technology planning team--CommentsClose CommentsPermalink
(A) with members representing a cross section of the community, including representatives of business, telecommunications labor organizations, K-12 education, health care, libraries, higher education, community-based organizations, local government, tourism, parks and recreation, and agriculture; andCommentsClose CommentsPermalink
(B) which shall--CommentsClose CommentsPermalink
(i) benchmark technology use across relevant community sectors;CommentsClose CommentsPermalink
(ii) set goals for improved technology use within each sector; andCommentsClose CommentsPermalink
(iii) develop a tactical business plan for achieving its goals, with specific recommendations for online application development and demand creation;CommentsClose CommentsPermalink
(6) to work collaboratively with broadband service providers and information technology companies to encourage deployment and use, especially in unserved areas and areas in which broadband penetration is significantly below the national average, through the use of local demand aggregation, mapping analysis, and the creation of market intelligence to improve the business case for providers to deploy;CommentsClose CommentsPermalink
(7) to establish programs to improve computer ownership and Internet access for unserved areas and areas in which broadband penetration is significantly below the national average;CommentsClose CommentsPermalink
(8) to collect and analyze detailed market data concerning the use and demand for broadband service and related information technology services;CommentsClose CommentsPermalink
(9) to facilitate information exchange regarding the use and demand for broadband services between public and private sectors; andCommentsClose CommentsPermalink
(10) to create within each State a geographic inventory map of broadband service, including the data rate benchmarks for broadband service utilized by the Commission to reflect different speed tiers, which shall--CommentsClose CommentsPermalink
(A) identify gaps in such service through a method of geographic information system mapping of service availability based on the geographic boundaries of where service is available or unavailable among residential or business customers; andCommentsClose CommentsPermalink
(B) provide a baseline assessment of statewide broadband deployment in terms of households with high-speed availability.CommentsClose CommentsPermalink
(f) Participation Limit- For each State, an eligible entity may not receive a new grant under this section to fund the activities described in subsection (d) within such State if such organization obtained prior grant awards under this section to fund the same activities in that State in each of the previous 4 consecutive years.CommentsClose CommentsPermalink
(g) Reporting; Broadband Inventory Map- The Secretary of Commerce shall--CommentsClose CommentsPermalink
(1) require each recipient of a grant under subsection (b) to submit a report on the use of the funds provided by the grant; andCommentsClose CommentsPermalink
(2) create a web page on the Department of Commerce website that aggregates relevant information made available to the public by grant recipients, including, where appropriate, hypertext links to any geographic inventory maps created by grant recipients under subsection (e)(10).CommentsClose CommentsPermalink
(h) Access to Aggregate Data-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), the Commission shall provide eligible entities access, in electronic form, to aggregate data collected by the Commission based on the Form 477 submissions of broadband service providers.CommentsClose CommentsPermalink
(2) LIMITATION- Notwithstanding any provision of Federal or State law to the contrary, an eligible entity shall treat any matter that is a trade secret, commercial or financial information, or privileged or confidential, as a record not subject to public disclosure except as otherwise mutually agreed to by the broadband service provider and the eligible entity. This paragraph applies only to information submitted by the Commission or a broadband provider to carry out the provisions of this part and shall not otherwise limit or affect the rules governing public disclosure of information collected by any Federal or State entity under any other Federal or State law or regulation.CommentsClose CommentsPermalink
(i) Definitions- In this section:CommentsClose CommentsPermalink
(1) COMMISSION- The term ‘Commission’ means the Federal Communications Commission.CommentsClose CommentsPermalink
(2) ELIGIBLE ENTITY- The term ‘eligible entity’ means--CommentsClose CommentsPermalink
(A) an entity that is either--CommentsClose CommentsPermalink
(i) an agency or instrumentality of a State, or a municipality or other subdivision (or agency or instrumentality of a municipality or other subdivision) of a State;CommentsClose CommentsPermalink
(ii) a nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and that is exempt from taxation under section 501(a) of such Code; orCommentsClose CommentsPermalink
(iii) an independent agency or commission in which an office of a State is a member on behalf of the State; andCommentsClose CommentsPermalink
(B) is the single eligible entity in the State that has been designated by the State to receive a grant under this section.CommentsClose CommentsPermalink
(j) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(k) No Regulatory Authority- Nothing in this section shall be construed as giving any public or private entity established or affected by this part any regulatory jurisdiction or oversight authority over providers of broadband services or information technology.CommentsClose CommentsPermalink
PART II--TRAINING FOR REALTIME WRITERS ACT OF 2007
SEC. 5111. SHORT TITLE.
This part may be cited as the ‘Training for Realtime Writers Act of 2007’.CommentsClose CommentsPermalink
SEC. 5112. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) As directed by Congress in section 713 of the Communications Act of 1934 (
(2) The Federal Communications Commission rules also require that video programming be fully captioned in Spanish by 2010.CommentsClose CommentsPermalink
(3) More than 30,000,000 Americans are considered deaf or hard of hearing, and many require captioning services to participate in mainstream activities.CommentsClose CommentsPermalink
(4) The National Institute on Deafness and other Communication Disorders estimates that 1 in 3 Americans over the age of 60 has already experienced hearing loss. The 79,000,000 Americans who are identified as ‘baby boomers’ represent 39 percent of the population of the United States and most baby boomers began to reach age 60 just in the last few years.CommentsClose CommentsPermalink
(5) Closed captioning is a continuous source of emergency information for people in mass transit and other congregate settings.CommentsClose CommentsPermalink
(6) Empirical research studies since 1988 demonstrate that captions improve the performance of individuals learning to read English.CommentsClose CommentsPermalink
SEC. 5113. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF REALTIME WRITERS.
(a) In General- The Assistant Secretary for Information and Communications of the Department of Commerce shall make competitive grants to eligible entities under subsection (b) to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers in order to meet the requirements for closed captioning of video programming set forth in section 713 of the Communications Act of 1934 (
(b) Eligible Entities- For purposes of this part, an eligible entity is a court reporting program that--CommentsClose CommentsPermalink
(1) can document and demonstrate to the Assistant Secretary that it meets minimum standards of educational and financial accountability, with a curriculum capable of training realtime writers qualified to provide captioning services;CommentsClose CommentsPermalink
(2) is accredited by an accrediting agency recognized by the Department of Education; andCommentsClose CommentsPermalink
(3) is participating in student aid programs under title IV of the Higher Education Act of 1965.CommentsClose CommentsPermalink
(c) Priority in Grants- In determining whether to make grants under this section, the Assistant Secretary shall give a priority to eligible entities that, as determined by the Assistant Secretary--CommentsClose CommentsPermalink
(1) possess the most substantial capability to increase their capacity to train realtime writers;CommentsClose CommentsPermalink
(2) demonstrate the most promising collaboration with local educational institutions, businesses, labor organizations, or other community groups having the potential to train or provide job placement assistance to realtime writers; orCommentsClose CommentsPermalink
(3) propose the most promising and innovative approaches for initiating or expanding training or job placement assistance efforts with respect to realtime writers.CommentsClose CommentsPermalink
(d) Duration of Grant- A grant under this section shall be for a period of 2 years.CommentsClose CommentsPermalink
(e) Maximum Amount of Grant- The amount of a grant provided under subsection (a) to an entity eligible may not exceed $1,500,000 for the 2-year period of the grant under subsection (d).CommentsClose CommentsPermalink
SEC. 5114. APPLICATION.
(a) In General- To receive a grant under section 5113, an eligible entity shall submit an application to the Assistant Secretary at such time and in such manner as the Assistant Secretary may require. The application shall contain the information set forth under subsection (b).CommentsClose CommentsPermalink
(b) Information- Information in the application of an eligible entity under subsection (a) for a grant under section 5113 shall include the following:CommentsClose CommentsPermalink
(1) A description of the training and assistance to be funded using the grant amount, including how such training and assistance will increase the number of realtime writers.CommentsClose CommentsPermalink
(2) A description of performance measures to be utilized to evaluate the progress of individuals receiving such training and assistance in matters relating to enrollment, completion of training, and job placement and retention.CommentsClose CommentsPermalink
(3) A description of the manner in which the eligible entity will ensure that recipients of scholarships, if any, funded by the grant will be employed and retained as realtime writers.CommentsClose CommentsPermalink
(4) A description of the manner in which the eligible entity intends to continue providing the training and assistance to be funded by the grant after the end of the grant period, including any partnerships or arrangements established for that purpose.CommentsClose CommentsPermalink
(5) A description of how the eligible entity will work with local workforce investment boards to ensure that training and assistance to be funded with the grant will further local workforce goals, including the creation of educational opportunities for individuals who are from economically disadvantaged backgrounds or are displaced workers.CommentsClose CommentsPermalink
(6) Additional information, if any, of the eligibility of the eligible entity for priority in the making of grants under section 5113(c).CommentsClose CommentsPermalink
(7) Such other information as the Assistant Secretary may require.CommentsClose CommentsPermalink
SEC. 5115. USE OF FUNDS.
(a) In General- An eligible entity receiving a grant under section 5113 shall use the grant amount for purposes relating to the recruitment, training and assistance, and job placement of individuals, including individuals who have completed a court reporting training program, as realtime writers, including--CommentsClose CommentsPermalink
(1) recruitment;CommentsClose CommentsPermalink
(2) subject to subsection (b), the provision of scholarships;CommentsClose CommentsPermalink
(3) distance learning;CommentsClose CommentsPermalink
(4) further developing and implementing both English and Spanish curriculum to more effectively train realtime writing skills, and education in the knowledge necessary for the delivery of high-quality closed captioning services;CommentsClose CommentsPermalink
(5) mentoring students to ensure successful completion of the realtime training and provide assistance in job placement;CommentsClose CommentsPermalink
(6) encouraging individuals with disabilities to pursue a career in realtime writing; andCommentsClose CommentsPermalink
(7) the employment and payment of personnel for all such purposes.CommentsClose CommentsPermalink
(b) Scholarships-CommentsClose CommentsPermalink
(1) AMOUNT- The amount of a scholarship under subsection (a)(2) shall be based on the amount of need of the recipient of the scholarship for financial assistance, as determined in accordance with part F of title IV of the Higher Education Act of 1965 (
(2) AGREEMENT- Each recipient of a scholarship under subsection (a)(2) shall enter into an agreement with the school in which the recipient is enrolled to provide realtime writing services for a period of time appropriate (as determined by the Assistant Secretary or the Assistant Secretary’s designee) for the amount of the scholarship received.CommentsClose CommentsPermalink
(3) COURSEWORK AND EMPLOYMENT- The Assistant Secretary or the Assistant Secretary’s designee shall establish requirements for coursework and employment for recipients of scholarships under subsection (a)(2), including requirements for repayment of scholarship amounts in the event of failure to meet such requirements for coursework and employment or other material terms under subsection (b)(2). Requirements for repayment of scholarship amounts shall take into account the effect of economic conditions on the capacity of scholarship recipients to find work as realtime writers.CommentsClose CommentsPermalink
(c) Administrative Costs- The recipient of a grant under section 5113 may not use more than 5 percent of the grant amount to pay administrative costs associated with activities funded by the grant. The Assistant Secretary shall use not more than 5 percent of the amount available for grants under this part in any fiscal year for administrative costs of the program.CommentsClose CommentsPermalink
(d) Supplement Not Supplant- Grants amounts under this part shall supplement and not supplant other Federal or non-Federal funds of the grant recipient for purposes of promoting the training and placement of individuals as realtime writers.CommentsClose CommentsPermalink
SEC. 5116. REPORTS.
(a) Annual Reports- Each eligible entity receiving a grant under section 5113 shall submit to the Assistant Secretary, at the end of each year of the grant period, a report on the activities of such entity with respect to the use of grant amounts during such year.CommentsClose CommentsPermalink
(b) Report Information-CommentsClose CommentsPermalink
(1) IN GENERAL- Each report of an entity for a year under subsection (a) shall include a description of the use of grant amounts by the entity during such year, including an assessment by the entity of the effectiveness of activities carried out using such funds in increasing the number of realtime writers. The assessment shall utilize the performance measures submitted by the entity in the application for the grant under section 5114(b).CommentsClose CommentsPermalink
(2) FINAL REPORT- The final report of an entity on a grant under subsection (a) shall include a description of the best practices identified by the entity as a result of the grant for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers.CommentsClose CommentsPermalink
(c) Annual Review- The Inspector General of the Department of Commerce shall conduct an annual review of the management, efficiency, and effectiveness of the grants made under this part.CommentsClose CommentsPermalink
SEC. 5117. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of Commerce to carry out this part $20,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012.CommentsClose CommentsPermalink
SEC. 5118. SUNSET.
This part is repealed 5 years after the date of the enactment of this Act.CommentsClose CommentsPermalink
Subtitle B--OceansCommentsClose CommentsPermalink
PART I--HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2008
SEC. 5201. SHORT TITLE.
This part may be cited as the ‘Hydrographic Services Improvement Act Amendments of 2008’.CommentsClose CommentsPermalink
SEC. 5202. DEFINITIONS.
Section 303 of the Hydrographic Services Improvement Act of 1998 (
‘(3) HYDROGRAPHIC DATA- The term ‘hydrographic data’ means information that--CommentsClose CommentsPermalink
‘(A) is acquired through--CommentsClose CommentsPermalink
‘(i) hydrographic, bathymetric, photogrammetric, lidar, radar, remote sensing, or shoreline and other ocean- and coastal-related surveying;CommentsClose CommentsPermalink
‘(ii) geodetic, geospatial, or geomagnetic measurements;CommentsClose CommentsPermalink
‘(iii) tide, water level, and current observations; orCommentsClose CommentsPermalink
‘(iv) other methods; andCommentsClose CommentsPermalink
‘(B) is used in providing hydrographic services.CommentsClose CommentsPermalink
‘(4) HYDROGRAPHIC SERVICES- The term ‘hydrographic services’ means----CommentsClose CommentsPermalink
‘(A) the management, maintenance, interpretation, certification, and dissemination of bathymetric, hydrographic, shoreline, geodetic, geospatial, geomagnetic, and tide, water level, and current information, including the production of nautical charts, nautical information databases, and other products derived from hydrographic data;CommentsClose CommentsPermalink
‘(B) the development of nautical information systems; andCommentsClose CommentsPermalink
‘(C) related activities.CommentsClose CommentsPermalink
‘(5) COAST AND GEODETIC SURVEY ACT- The term ‘Coast and Geodetic Survey Act’ means the Act entitled ‘An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes’, approved August 6, 1947 (
33 U.S.C. 883a et seq.).’.CommentsClose CommentsPermalink
SEC. 5203. FUNCTIONS OF THE ADMINISTRATOR.
Section 303 of the Hydrographic Services Improvement Act of 1998 (
(1) by striking ‘the Act of 1947,’ in subsection (a) and inserting ‘the Coast and Geodetic Survey Act, promote safe, efficient and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act,’;CommentsClose CommentsPermalink
(2) by striking ‘data;’ in subsection (a)(1) and inserting ‘data and provide hydrographic services;’ andCommentsClose CommentsPermalink
(3) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘(b) Authorities- To fulfill the data gathering and dissemination duties of the Administration under the Coast and Geodetic Survey Act, promote safe, efficient, and environmentally sound marine transportation, and otherwise fulfill the purposes of this Act, subject to the availability of appropriations, the Administrator--CommentsClose CommentsPermalink
‘(1) may procure, lease, evaluate, test, develop, and operate vessels, equipment, and technologies necessary to ensure safe navigation and maintain operational expertise in hydrographic data acquisition and hydrographic services;CommentsClose CommentsPermalink
‘(2) shall, subject to the availability of appropriations, design, install, maintain, and operate real-time hydrographic monitoring systems to enhance navigation safety and efficiency; andCommentsClose CommentsPermalink
‘(3) where appropriate and to the extent that it does not detract from the promotion of safe and efficient navigation, may acquire hydrographic data and provide hydrographic services to support the conservation and management of coastal and ocean resources;CommentsClose CommentsPermalink
‘(4) where appropriate, may acquire hydrographic data and provide hydrographic services to save and protect life and property and support the resumption of commerce in response to emergencies, natural and man-made disasters, and homeland security and maritime domain awareness needs, including obtaining mission assignments (as defined in section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (
6 U.S.C. 741 ));CommentsClose CommentsPermalink‘(5) may create, support, and maintain such joint centers with other Federal agencies and other entities as the Administrator deems appropriate or necessary to carry out the purposes of this Act; andCommentsClose CommentsPermalink
‘(6) notwithstanding the existence of such joint centers, shall award contracts for the acquisition of hydrographic data in accordance with subchapter VI of chapter 10 of title 40, United States Code.’.CommentsClose CommentsPermalink
SEC. 5204. HYDROGRAPHIC SERVICES REVIEW PANEL.
Section 305(c)(1)(A) of the Hydrographic Services Improvement Act of 1998 (
SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
Section 306 of the Hydrographic Services Improvement Act of 1998 (
‘SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
‘There are authorized to be appropriated to the Administrator the following:CommentsClose CommentsPermalink
‘(1) To carry out nautical mapping and charting functions under sections 304 and 305, except for conducting hydrographic surveys--CommentsClose CommentsPermalink
‘(A) $55,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $56,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $57,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(D) $58,000,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(2) To contract for hydrographic surveys under section 304(b)(1), including the leasing or time chartering of vessels--CommentsClose CommentsPermalink
‘(A) $32,130,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $32,760,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $33,390,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(D) $34,020,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(3) To operate hydrographic survey vessels owned by the United States and operated by the Administration--CommentsClose CommentsPermalink
‘(A) $25,900,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $26,400,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $26,900,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(D) $27,400,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(4) To carry out geodetic functions under this title--CommentsClose CommentsPermalink
‘(A) $32,640,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $33,280,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $33,920,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(D) $34,560,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(5) To carry out tide and current measurement functions under this title--CommentsClose CommentsPermalink
‘(A) $27,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $27,500,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $28,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
‘(D) $28,500,000 for fiscal year 2012.CommentsClose CommentsPermalink
‘(6) To acquire a replacement hydrographic survey vessel capable of staying at sea continuously for at least 30 days $75,000,000.’.CommentsClose CommentsPermalink
SEC. 5206. AUTHORIZED NOAA CORPS STRENGTH.
Section 215 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (
‘SEC. 215. NUMBER OF AUTHORIZED COMMISSIONED OFFICERS.
‘Effective October 1, 2009, the total number of authorized commissioned officers on the lineal list of the commissioned corps of the National Oceanic and Atmospheric Administration shall be increased from 321 to 379 if--CommentsClose CommentsPermalink
‘(1) the Secretary has submitted to the Congress--CommentsClose CommentsPermalink
‘(A) the Administration’s ship recapitalization plan for fiscal years 2010 through 2024;CommentsClose CommentsPermalink
‘(B) the Administration’s aircraft remodernization plan; andCommentsClose CommentsPermalink
‘(C) supporting workforce management plans;CommentsClose CommentsPermalink
‘(2) appropriated funding is available; andCommentsClose CommentsPermalink
‘(3) the Secretary has justified organizational needs for the commissioned corps for each such fiscal year.’CommentsClose CommentsPermalink
PART II--OCEAN EXPLORATION
Subpart A--Exploration
SEC. 5211. PURPOSE.
The purpose of this subpart is to establish the national ocean exploration program and the national undersea research program within the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
SEC. 5212. PROGRAM ESTABLISHED.
The Administrator or the National Oceanic and Atmospheric Administration shall, in consultation with the National Science Foundation and other appropriate Federal agencies, establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration that promotes collaboration with other Federal ocean and undersea research and exploration programs. To the extent appropriate, the Administrator shall seek to facilitate coordination of data and information management systems, outreach and education programs to improve public understanding of ocean and coastal resources, and development and transfer of technologies to facilitate ocean and undersea research and exploration.CommentsClose CommentsPermalink
SEC. 5213. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General- In carrying out the program authorized by section 5212, the Administrator of the National Oceanic and Atmospheric Administration shall--CommentsClose CommentsPermalink
(1) conduct interdisciplinary voyages or other scientific activities in conjunction with other Federal agencies or academic or educational institutions, to explore and survey little known areas of the marine environment, inventory, observe, and assess living and nonliving marine resources, and report such findings;CommentsClose CommentsPermalink
(2) give priority attention to deep ocean regions, with a focus on deep water marine systems that hold potential for important scientific discoveries, such as hydrothermal vent communities and seamounts;CommentsClose CommentsPermalink
(3) conduct scientific voyages to locate, define, and document historic shipwrecks, submerged sites, and other ocean exploration activities that combine archaeology and oceanographic sciences;CommentsClose CommentsPermalink
(4) develop and implement, in consultation with the National Science Foundation, a transparent, competitive process for merit-based peer-review and approval of proposals for activities to be conducted under this program, taking into consideration advice of the Board established under section 5215;CommentsClose CommentsPermalink
(5) enhance the technical capability of the United States marine science community by promoting the development of improved oceanographic research, communication, navigation, and data collection systems, as well as underwater platforms and sensor and autonomous vehicles; andCommentsClose CommentsPermalink
(6) establish an ocean exploration forum to encourage partnerships and promote communication among experts and other stakeholders in order to enhance the scientific and technical expertise and relevance of the national program.CommentsClose CommentsPermalink
(b) Donations- The Administrator may accept donations of property, data, and equipment to be applied for the purpose of exploring the oceans or increasing knowledge of the oceans.CommentsClose CommentsPermalink
SEC. 5214. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.
(a) In General- The Administrator of the National Oceanic and Atmospheric Administration, in coordination with the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the Department of the Navy, the Mineral Management Service, and relevant governmental, non-governmental, academic, industry, and other experts, shall convene an ocean exploration and undersea research technology and infrastructure task force to develop and implement a strategy--CommentsClose CommentsPermalink
(1) to facilitate transfer of new exploration and undersea research technology to the programs authorized under this subpart and subpart B of this part;CommentsClose CommentsPermalink
(2) to improve availability of communications infrastructure, including satellite capabilities, to such programs;CommentsClose CommentsPermalink
(3) to develop an integrated, workable, and comprehensive data management information processing system that will make information on unique and significant features obtained by such programs available for research and management purposes;CommentsClose CommentsPermalink
(4) to conduct public outreach activities that improve the public understanding of ocean science, resources, and processes, in conjunction with relevant programs of the National Oceanic and Atmospheric Administration, the National Science Foundation, and other agencies; andCommentsClose CommentsPermalink
(5) to encourage cost-sharing partnerships with governmental and nongovernmental entities that will assist in transferring exploration and undersea research technology and technical expertise to the programs.CommentsClose CommentsPermalink
(b) Budget Coordination- The task force shall coordinate the development of agency budgets and identify the items in their annual budget that support the activities identified in the strategy developed under subsection (a).CommentsClose CommentsPermalink
SEC. 5215. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment- The Administrator of the National Oceanic and Atmospheric Administration shall appoint an Ocean Exploration Advisory Board composed of experts in relevant fields--CommentsClose CommentsPermalink
(1) to advise the Administrator on priority areas for survey and discovery;CommentsClose CommentsPermalink
(2) to assist the program in the development of a 5-year strategic plan for the fields of ocean, marine, and Great Lakes science, exploration, and discovery;CommentsClose CommentsPermalink
(3) to annually review the quality and effectiveness of the proposal review process established under section 5213(a)(4); andCommentsClose CommentsPermalink
(4) to provide other assistance and advice as requested by the Administrator.CommentsClose CommentsPermalink
(b) Federal Advisory Committee Act- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board appointed under subsection (a).CommentsClose CommentsPermalink
(c) Application With Outer Continental Shelf Lands Act- Nothing in subpart supersedes, or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (
SEC. 5216. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out this subpart--CommentsClose CommentsPermalink
(1) $33,550,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $36,905,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $40,596,000 for fiscal year 2011;CommentsClose CommentsPermalink
(4) $44,655,000 for fiscal year 2012;CommentsClose CommentsPermalink
(5) $49,121,000 for fiscal year 2013;CommentsClose CommentsPermalink
(6) $54,033,000 for fiscal year 2014; andCommentsClose CommentsPermalink
(7) $59,436,000 for fiscal year 2015.CommentsClose CommentsPermalink
Subpart B--NOAA Undersea Research Program Act of 2008
SEC. 5221. SHORT TITLE.
This subpart may be cited as the ‘NOAA Undersea Research Program Act of 2008’.CommentsClose CommentsPermalink
SEC. 5222. PROGRAM ESTABLISHED.
(a) In General- The Administrator of the National Oceanic and Atmospheric Administration shall establish and maintain an undersea research program and shall designate a Director of that program.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the program is to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes.CommentsClose CommentsPermalink
SEC. 5223. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program, shall--CommentsClose CommentsPermalink
(1) cooperate with institutions of higher education and other educational marine and ocean science organizations, and shall make available undersea research facilities, equipment, technologies, information, and expertise to support undersea research efforts by these organizations;CommentsClose CommentsPermalink
(2) enter into partnerships, as appropriate and using existing authorities, with the private sector to achieve the goals of the program and to promote technological advancement of the marine industry; andCommentsClose CommentsPermalink
(3) coordinate the development of agency budgets and identify the items in their annual budget that support the activities described in paragraphs (1) and (2).CommentsClose CommentsPermalink
SEC. 5224. ADMINISTRATIVE STRUCTURE.
(a) In General- The program shall be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant National Oceanic and Atmospheric Administration regions, and the National Institute for Undersea Science and Technology.CommentsClose CommentsPermalink
(b) Direction- The Director shall develop the overall direction of the program in coordination with a Council of Center Directors comprised of the directors of the extramural regional centers and the National Institute for Undersea Science and Technology. The Director shall publish a draft program direction document not later than 1 year after the date of enactment of this Act in the Federal Register for a public comment period of not less than 120 days. The Director shall publish a final program direction, including responses to the comments received during the public comment period, in the Federal Register within 90 days after the close of the comment period. The program director shall update the program direction, with opportunity for public comment, at least every 5 years.CommentsClose CommentsPermalink
SEC. 5225. RESEARCH, EXPLORATION, EDUCATION, AND TECHNOLOGY PROGRAMS.
(a) In General- The following research, exploration, education, and technology programs shall be conducted through the network of regional centers and the National Institute for Undersea Science and Technology:CommentsClose CommentsPermalink
(1) Core research and exploration based on national and regional undersea research priorities.CommentsClose CommentsPermalink
(2) Advanced undersea technology development to support the National Oceanic and Atmospheric Administration’s research mission and programs.CommentsClose CommentsPermalink
(3) Undersea science-based education and outreach programs to enrich ocean science education and public awareness of the oceans and Great Lakes.CommentsClose CommentsPermalink
(4) Development, testing, and transition of advanced undersea technology associated with ocean observatories, submersibles, advanced diving technologies, remotely operated vehicles, autonomous underwater vehicles, and new sampling and sensing technologies.CommentsClose CommentsPermalink
(5) Discovery, study, and development of natural resources and products from ocean, coastal, and aquatic systems.CommentsClose CommentsPermalink
(b) Operations- The Director of the program, through operation of the extramural regional centers and the National Institute for Undersea Science and Technology, shall leverage partnerships and cooperative research with academia and private industry.CommentsClose CommentsPermalink
SEC. 5226. COMPETITIVENESS.
(a) Discretionary Fund- The Program shall allocate no more than 10 percent of its annual budget to a discretionary fund that may be used only for program administration and priority undersea research projects identified by the Director but not covered by funding available from centers.CommentsClose CommentsPermalink
(b) Competitive Selection- The Administrator shall conduct an initial competition to select the regional centers that will participate in the program 90 days after the publication of the final program direction under section 5224 and every 5 years thereafter. Funding for projects conducted through the regional centers shall be awarded through a competitive, merit-reviewed process on the basis of their relevance to the goals of the program and their technical feasibility.CommentsClose CommentsPermalink
SEC. 5227. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and Atmospheric Administration--CommentsClose CommentsPermalink
(1) for fiscal year 2009--CommentsClose CommentsPermalink
(A) $13,750,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $5,500,000 for the National Technology Institute;CommentsClose CommentsPermalink
(2) for fiscal year 2010--CommentsClose CommentsPermalink
(A) $15,125,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $6,050,000 for the National Technology Institute;CommentsClose CommentsPermalink
(3) for fiscal year 2011--CommentsClose CommentsPermalink
(A) $16,638,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $6,655,000 for the National Technology Institute;CommentsClose CommentsPermalink
(4) for fiscal year 2012--CommentsClose CommentsPermalink
(A) $18,301,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $7,321,000 for the National Technology Institute;CommentsClose CommentsPermalink
(5) for fiscal year 2013--CommentsClose CommentsPermalink
(A) $20,131,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $8,053,000 for the National Technology Institute;CommentsClose CommentsPermalink
(6) for fiscal year 2014--CommentsClose CommentsPermalink
(A) $22,145,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $8,859,000 for the National Technology Institute; andCommentsClose CommentsPermalink
(7) for fiscal year 2015--CommentsClose CommentsPermalink
(A) $24,359,000 for the regional centers, of which 50 percent shall be for West Coast regional centers and 50 percent shall be for East Coast regional centers; andCommentsClose CommentsPermalink
(B) $9,744,000 for the National Technology Institute.CommentsClose CommentsPermalink
PART III--OCEAN AND COASTAL MAPPING INTEGRATION ACT
SEC. 5231. SHORT TITLE.
This part may be cited as the ‘Ocean and Coastal Mapping Integration Act’.CommentsClose CommentsPermalink
SEC. 5232. ESTABLISHMENT OF PROGRAM.
(a) In General- The President, in coordination with the Interagency Committee on Ocean and Coastal Mapping and affected coastal states, shall establish a program to develop a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science.CommentsClose CommentsPermalink
(b) Membership- The Committee shall be comprised of high-level representatives of the Department of Commerce, through the National Oceanic and Atmospheric Administration, the Department of Interior, the National Science Foundation, the Department of Defense, the Environmental Protection Agency, the Department of Homeland Security, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping.CommentsClose CommentsPermalink
(c) Program Parameters- In developing such a program, the President, through the Committee, shall--CommentsClose CommentsPermalink
(1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives;CommentsClose CommentsPermalink
(2) facilitate cost-effective, cooperative mapping efforts that incorporate policies for contracting with non-governmental entities among all Federal agencies conducting ocean and coastal mapping, by increasing data sharing, developing appropriate data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products;CommentsClose CommentsPermalink
(3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted among Federal agencies and in cooperation with non-governmental entities;CommentsClose CommentsPermalink
(4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal Government, coastal state, and non-governmental entities;CommentsClose CommentsPermalink
(5) provide for the archiving, management, and distribution of data sets through a national registry as well as provide mapping products and services to the general public in service of statutory requirements;CommentsClose CommentsPermalink
(6) develop data standards and protocols consistent with standards developed by the Federal Geographic Data Committee for use by Federal, coastal state, and other entities in mapping and otherwise documenting locations of federally permitted activities, living and nonliving coastal and marine resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, offshore energy projects, and any areas designated for purposes of environmental protection or conservation and management of living and nonliving coastal and marine resources;CommentsClose CommentsPermalink
(7) identify the procedures to be used for coordinating the collection and integration of Federal ocean and coastal mapping data with coastal state and local government programs;CommentsClose CommentsPermalink
(8) facilitate, to the extent practicable, the collection of real-time tide data and the development of hydrodynamic models for coastal areas to allow for the application of V-datum tools that will facilitate the seamless integration of onshore and offshore maps and charts;CommentsClose CommentsPermalink
(9) establish a plan for the acquisition and collection of ocean and coastal mapping data; andCommentsClose CommentsPermalink
(10) set forth a timetable for completion and implementation of the plan.CommentsClose CommentsPermalink
SEC. 5233. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.
(a) In General- The Administrator of the National Oceanic and Atmospheric Administration, within 30 days after the date of enactment of this Act, shall convene or utilize an existing interagency committee on ocean and coastal mapping to implement section 5232.CommentsClose CommentsPermalink
(b) Membership- The committee shall be comprised of senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be high-ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this part. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, the Minerals Management Service, the National Science Foundation, the National Geospatial-Intelligence Agency, the United States Army Corps of Engineers, the Coast Guard, the Environmental Protection Agency, the Federal Emergency Management Agency, the National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping.CommentsClose CommentsPermalink
(c) Co-Chairmen- The Committee shall be co-chaired by the representative of the Department of Commerce and a representative of the Department of the Interior.CommentsClose CommentsPermalink
(d) Subcommittee- The co-chairmen shall establish a subcommittee to carry out the day-to-day work of the Committee, comprised of senior representatives of any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. The subcommittee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairmen of the Committee may create such additional subcommittees and working groups as may be needed to carry out the work of Committee.CommentsClose CommentsPermalink
(e) Meetings- The committee shall meet on a quarterly basis, but each subcommittee and each working group shall meet on an as-needed basis.CommentsClose CommentsPermalink
(f) Coordination- The committee shall coordinate activities when appropriate, with--CommentsClose CommentsPermalink
(1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee;CommentsClose CommentsPermalink
(2) international mapping activities;CommentsClose CommentsPermalink
(3) coastal states;CommentsClose CommentsPermalink
(4) user groups through workshops and other appropriate mechanisms; andCommentsClose CommentsPermalink
(5) representatives of nongovernmental entities.CommentsClose CommentsPermalink
(g) Advisory Panel- The Administrator may convene an ocean and coastal mapping advisory panel consisting of representatives from non-governmental entities to provide input regarding activities of the committee in consultation with the interagency committee.CommentsClose CommentsPermalink
SEC. 5234. BIANNUAL REPORTS.
No later than 18 months after the date of enactment of this Act, and biannually thereafter, the co-chairmen of the Committee shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing progress made in implementing this part, including--CommentsClose CommentsPermalink
(1) an inventory of ocean and coastal mapping data within the territorial sea and the exclusive economic zone and throughout the Continental Shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data;CommentsClose CommentsPermalink
(2) identification of priority areas in need of survey coverage using present technologies;CommentsClose CommentsPermalink
(3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished;CommentsClose CommentsPermalink
(4) the status of efforts to produce integrated digital maps of ocean and coastal areas;CommentsClose CommentsPermalink
(5) a description of any products resulting from coordinated mapping efforts under this part that improve public understanding of the coasts and oceans, or regulatory decisionmaking;CommentsClose CommentsPermalink
(6) documentation of minimum and desired standards for data acquisition and integrated metadata;CommentsClose CommentsPermalink
(7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data;CommentsClose CommentsPermalink
(8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing, and distribution systems;CommentsClose CommentsPermalink
(9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency, and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public;CommentsClose CommentsPermalink
(10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will--CommentsClose CommentsPermalink
(A) cover the area from the authorized coastal counties through the territorial sea;CommentsClose CommentsPermalink
(B) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion;CommentsClose CommentsPermalink
(11) the status of efforts to coordinate Federal programs with coastal state and local government programs and leverage those programs;CommentsClose CommentsPermalink
(12) a description of efforts of Federal agencies to increase contracting with nongovernmental entities; andCommentsClose CommentsPermalink
(13) an inventory and description of any new Federal or federally funded programs conducting shoreline delineation and ocean or coastal mapping since the previous reporting cycle.CommentsClose CommentsPermalink
SEC. 5235. PLAN.
(a) In General- Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(b) Plan Requirements- The plan shall--CommentsClose CommentsPermalink
(1) identify and describe all ocean and coastal mapping programs within the agency, including those that conduct mapping or related activities in the course of existing missions, such as hydrographic surveys, ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, and ocean and coastal observations and science projects;CommentsClose CommentsPermalink
(2) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping across all missions of the National Oceanic and Atmospheric Administration, as well as minimum data acquisition and metadata standards for those programs;CommentsClose CommentsPermalink
(3) encourage the development of innovative ocean and coastal mapping technologies and applications, through research and development through cooperative or other agreements with joint or cooperative research institutes or centers and with other non-governmental entities;CommentsClose CommentsPermalink
(4) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, coastal states, and non-governmental entities;CommentsClose CommentsPermalink
(5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration’s programs, vessels, and aircraft to support a coordinated ocean and coastal mapping program;CommentsClose CommentsPermalink
(6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration that meets Federal mandates for data accuracy and accessibility and designate a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and coastal state programs; andCommentsClose CommentsPermalink
(7) set forth a timetable for implementation and completion of the plan, including a schedule for submission to the Congress of periodic progress reports and recommendations for integrating approaches developed under the initiative into the interagency program.CommentsClose CommentsPermalink
(c) NOAA Joint Ocean and Coastal Mapping Centers- The Administrator may maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall each be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and may conduct activities necessary to carry out the purposes of this part, including--CommentsClose CommentsPermalink
(1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products;CommentsClose CommentsPermalink
(2) mapping of the United States Outer Continental Shelf and other regions;CommentsClose CommentsPermalink
(3) data processing for nontraditional data and uses;CommentsClose CommentsPermalink
(4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations, and ocean exploration; andCommentsClose CommentsPermalink
(5) providing graduate education and training in ocean and coastal mapping sciences for members of the National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel.CommentsClose CommentsPermalink
(d) NOAA Report- The Administrator shall continue developing a strategy for expanding contracting with non-governmental entities to minimize duplication and take maximum advantage of nongovernmental capabilities in fulfilling the Administration’s mapping and charting responsibilities. Within 120 days after the date of enactment of this Act, the Administrator shall transmit a report describing the strategy developed under this subsection to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives.CommentsClose CommentsPermalink
SEC. 5236. EFFECT ON OTHER LAWS.
Nothing in this part shall be construed to supersede or alter the existing authorities of any Federal agency with respect to ocean and coastal mapping.CommentsClose CommentsPermalink
SEC. 5237. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- In addition to the amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 (
(1) $26,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $32,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $38,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
(4) $45,000,000 for each of fiscal years 2012 through 2015.CommentsClose CommentsPermalink
(b) Joint Ocean and Coastal Mapping Centers- Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 5235(c) of this part:CommentsClose CommentsPermalink
(1) $11,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
(2) $12,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
(3) $13,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
(4) $15,000,000 for each of fiscal years 2012 through 2015.CommentsClose CommentsPermalink
(c) Cooperative Agreements- To carry out interagency activities under section 5233 of this part, the head of any department or agency may execute a cooperative agreement with the Administrator, including those authorized by section 5 of the Act of August 6, 1947 (
SEC. 5238. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(2) COASTAL STATE- The term ‘coastal state’ has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (
(3) COMMITTEE- The term ‘Committee’ means the Interagency Ocean Mapping Committee established by section 5233.CommentsClose CommentsPermalink
(4) EXCLUSIVE ECONOMIC ZONE- The term ‘exclusive economic zone’ means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983.CommentsClose CommentsPermalink
(5) OCEAN AND COASTAL MAPPING- The term ‘ocean and coastal mapping’ means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies.CommentsClose CommentsPermalink
(6) TERRITORIAL SEA- The term ‘territorial sea’ means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988.CommentsClose CommentsPermalink
(7) NONGOVERNMENTAL ENTITIES- The term ‘nongovernmental entities’ includes nongovernmental organizations, members of the academic community, and private sector organizations that provide products and services associated with measuring, locating, and preparing maps, charts, surveys, aerial photographs, satellite imagines, or other graphical or digital presentations depicting natural or manmade physical features, phenomena, and legal boundaries of the Earth.CommentsClose CommentsPermalink
(8) OUTER CONTINENTAL SHELF- The term ‘Outer Continental Shelf’ means all submerged lands lying seaward and outside of lands beneath navigable waters (as that term is defined in section 2 of the Submerged Lands Act (
PART IV--NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008
SEC. 5241. SHORT TITLE.
This part may be cited as the ‘National Sea Grant College Program Amendments Act of 2008’.CommentsClose CommentsPermalink
SEC. 5242. REFERENCES.
Except as otherwise expressly provided therein, whenever in this part an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Sea Grant College Program Act (
SEC. 5243. FINDINGS AND PURPOSE.
(a) Findings- Section 202(a) (
(1) by striking subparagraphs (D) and (E) of paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(D) encourage the development of preparation, forecast, analysis, mitigation, response, and recovery systems for coastal hazards;CommentsClose CommentsPermalink
‘(E) understand global environmental processes and their impacts on ocean, coastal, and Great Lakes resources; and’;CommentsClose CommentsPermalink
(2) by striking ‘program of research, education,’ in paragraph (2) and inserting ‘program of integrated research, education, extension,’; andCommentsClose CommentsPermalink
(3) by striking paragraph (6) and inserting the following:CommentsClose CommentsPermalink
‘(6) The National Oceanic and Atmospheric Administration, through the national sea grant college program, offers the most suitable locus and means for such commitment and engagement through the promotion of activities that will result in greater such understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources. The most cost-effective way to promote such activities is through continued and increased Federal support of the establishment, development, and operation of programs and projects by sea grant colleges, sea grant institutes, and other institutions, including strong collaborations between Administration scientists and research and outreach personnel at academic institutions.’.CommentsClose CommentsPermalink
(b) Purpose- Section 202(c) (
(c) Terminology- Subsections (a) and (b) of section 202 (
SEC. 5244. DEFINITIONS.
(a) In General- Section 203 (
(1) in paragraph (4) by inserting ‘management,’ after ‘development,’;CommentsClose CommentsPermalink
(2) in paragraph (11) by striking ‘advisory services’ and inserting ‘extension services’; andCommentsClose CommentsPermalink
(3) in each of paragraphs (12) and (13) by striking ‘(
(b) Repeal- Section 307 of the Act entitled ‘An Act to provide for the designation of the Flower Garden Banks National Marine Sanctuary’ (
SEC. 5245. NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Program Elements- Section 204(b) (
(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
‘(1) sea grant programs that comprise a national sea grant college program network, including international projects conducted within such programs and regional and national projects conducted among such programs;’;CommentsClose CommentsPermalink
(2) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink
‘(2) administration of the national sea grant college program and this title by the national sea grant office and the Administration;’; andCommentsClose CommentsPermalink
(3) by amending paragraph (4) to read as follows:CommentsClose CommentsPermalink
‘(4) any regional or national strategic investments in fields relating to ocean, coastal, and Great Lakes resources developed in consultation with the Board and with the approval of the sea grant colleges and the sea grant institutes.’.CommentsClose CommentsPermalink
(b) Technical Correction- Section 204(c)(2) (
(c) Functions of Director of National Sea Grant College Program- Section 204(d) (
(1) in paragraph (2)(A), by striking ‘long range’;CommentsClose CommentsPermalink
(2) in paragraph (3)(A)--CommentsClose CommentsPermalink
(A) by striking ‘(A)(i) evaluate’ and inserting ‘(A) evaluate and assess’;CommentsClose CommentsPermalink
(B) by striking ‘activities; and’ and inserting ‘activities;’; andCommentsClose CommentsPermalink
(C) by striking clause (ii); andCommentsClose CommentsPermalink
(3) in paragraph (3)(B)--CommentsClose CommentsPermalink
(A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively, and by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(ii) encourage collaborations among sea grant colleges and sea grant institutes to address regional and national priorities established under subsection (c)(1);’;CommentsClose CommentsPermalink
(B) in clause (iii) (as so redesignated) by striking ‘encourage’ and inserting ‘ensure’;CommentsClose CommentsPermalink
(C) in clause (iv) (as so redesignated) by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(D) by inserting after clause (v) (as so redesignated) the following:CommentsClose CommentsPermalink
‘(vi) encourage cooperation with Minority Serving Institutions to enhance collaborative research opportunities and increase the number of such students graduating in NOAA science areas; and’.CommentsClose CommentsPermalink
SEC. 5246. PROGRAM OR PROJECT GRANTS AND CONTRACTS.
Section 205 (
(1) by striking ‘204(c)(4)(F).’ in subsection (a) and inserting ‘204(c)(4)(F) or that are appropriated under section 208(b).’; andCommentsClose CommentsPermalink
(2) by striking the matter following paragraph (3) in subsection (b) and inserting the following:CommentsClose CommentsPermalink
‘The total amount that may be provided for grants under this subsection during any fiscal year shall not exceed an amount equal to 5 percent of the total funds appropriated for such year under section 212.’.CommentsClose CommentsPermalink
SEC. 5247. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207(a) (
SEC. 5248. FELLOWSHIPS.
Section 208(a) (
(1) by striking ‘Not later than 1 year after the date of the enactment of the National Sea Grant College Program Act Amendments of 2002, and every 2 years thereafter,’ in subsection (a) and inserting ‘Every 2 years,’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(c) Restriction on Use of Funds- Amounts available for fellowships under this section, including amounts accepted under section 204(c)(4)(F) or appropriated under section 212 to implement this section, shall be used only for award of such fellowships and administrative costs of implementing this section.’CommentsClose CommentsPermalink
SEC. 5249. NATIONAL SEA GRANT ADVISORY BOARD.
(a) Redesignation of Sea Grant Review Panel as Board-CommentsClose CommentsPermalink
(1) REDESIGNATION- The sea grant review panel established by section 209 of the National Sea Grant College Program Act (
(2) MEMBERSHIP NOT AFFECTED- An individual serving as a member of the sea grant review panel immediately before date of the enactment of this Act may continue to serve as a member of the National Sea Grant Advisory Board until the expiration of such member’s term under section 209(c) of such Act (
(3) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to such sea grant review panel is deemed to be a reference to the National Sea Grant Advisory Board.CommentsClose CommentsPermalink
(4) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) IN GENERAL- Section 209 (
‘SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.
‘(a) Establishment- There shall be an independent committee to be known as the National Sea Grant Advisory Board.’.CommentsClose CommentsPermalink
(B) DEFINITION- Section 203(9) (
33 U.S.C. 1122(9) ) is amended to read as follows:CommentsClose CommentsPermalink‘(9) The term ‘Board’ means the National Sea Grant Advisory Board established under section 209.’;CommentsClose CommentsPermalink
(C) OTHER PROVISIONS- The following provisions are each amended by striking ‘panel’ each place it appears and inserting ‘Board’:CommentsClose CommentsPermalink
(i) Section 204 (
33 U.S.C. 1123 ).CommentsClose CommentsPermalink(ii) Section 207 (
33 U.S.C. 1126 ).CommentsClose CommentsPermalink(iii) Section 209 (
33 U.S.C. 1128 ).CommentsClose CommentsPermalink(b) Duties- Section 209(b) (
33 U.S.C. 1128(b) ) is amended to read as follows:CommentsClose CommentsPermalink‘(b) Duties-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Board shall advise the Secretary and the Director concerning--CommentsClose CommentsPermalink
‘(A) strategies for utilizing the sea grant college program to address the Nation’s highest priorities regarding the understanding, assessment, development, management, utilization, and conservation of ocean, coastal, and Great Lakes resources;CommentsClose CommentsPermalink
‘(B) the designation of sea grant colleges and sea grant institutes; andCommentsClose CommentsPermalink
‘(C) such other matters as the Secretary refers to the Board for review and advice.CommentsClose CommentsPermalink
‘(2) BIENNIAL REPORT- The Board shall report to the Congress every two years on the state of the national sea grant college program. The Board shall indicate in each such report the progress made toward meeting the priorities identified in the strategic plan in effect under section 204(c). The Secretary shall make available to the Board such information, personnel, and administrative services and assistance as it may reasonably require to carry out its duties under this title.’.CommentsClose CommentsPermalink
(c) Membership, Terms, and Powers- Section 209(c)(1) (
33 U.S.C. 1128(c)(1) ) is amended--CommentsClose CommentsPermalink
(1) by inserting ‘coastal management,’ after ‘resource management,’; andCommentsClose CommentsPermalink
(2) by inserting ‘management,’ after ‘development,’.CommentsClose CommentsPermalink
(d) Extension of Term- Section 209(c)(3) (
33 U.S.C. 1128(c)(3) ) is amended by striking the second sentence and inserting the following: ‘The Director may extend the term of office of a voting member of the Board once by up to 1 year.’.CommentsClose CommentsPermalink(e) Establishment of Subcommittees- Section 209(c) (
33 U.S.C. 1128(c) ) is amended by adding at the end the following:CommentsClose CommentsPermalink‘(8) The Board may establish such subcommittees as are reasonably necessary to carry out its duties under subsection (b). Such subcommittees may include individuals who are not Board members.’.CommentsClose CommentsPermalink
SEC. 5250. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the National Sea Grant College Program Act (
(1) by striking subsection (a)(1) and inserting the following: ‘CommentsClose CommentsPermalink
‘(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out this title--CommentsClose CommentsPermalink
‘(A) $72,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(B) $75,600,000 for fiscal year 2010;CommentsClose CommentsPermalink
‘(C) $79,380,000 for fiscal year 2011;CommentsClose CommentsPermalink
‘(D) $83,350,000 for fiscal year 2012;CommentsClose CommentsPermalink
‘(E) $87,520,000 for fiscal year 2013; andCommentsClose CommentsPermalink
‘(F) $91,900,000 for fiscal year 2014.’;CommentsClose CommentsPermalink
(2) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) by striking ‘fiscal years 2003 through 2008--’ and inserting ‘fiscal years 2009 through 2014--’;CommentsClose CommentsPermalink
(B) by striking ‘biology and control of zebra mussels and other important aquatic’ in subparagraph (A) and inserting ‘biology, prevention, and control of aquatic’; andCommentsClose CommentsPermalink
(C) by striking ‘blooms, including Pfiesteria piscicida; and’ in subparagraph (C) and inserting ‘blooms; and’;CommentsClose CommentsPermalink
(3) in subsection (c)(1) by striking ‘rating under section 204(d)(3)(A)’ and inserting ‘performance assessments’; andCommentsClose CommentsPermalink
(4) by striking subsection (c)(2) and inserting the following:CommentsClose CommentsPermalink
‘(2) regional or national strategic investments authorized under section 204(b)(4);’.CommentsClose CommentsPermalink
PART V--INTEGRATED COASTAL AND OCEAN OBSERVATION SYSTEM ACT OF 2008
SEC. 5261. SHORT TITLE.
This part may be cited as the ‘Integrated Coastal and Ocean Observation System Act of 2008’.CommentsClose CommentsPermalink
SEC. 5262. PURPOSES.
The purposes of this part are to--CommentsClose CommentsPermalink
(1) establish a national integrated System of ocean, coastal, and Great Lakes observing systems, comprised of Federal and non-Federal components coordinated at the national level by the National Ocean Research Leadership Council and at the regional level by a network of regional information coordination entities, and that includes in situ, remote, and other coastal and ocean observation, technologies, and data management and communication systems, and is designed to address regional and national needs for ocean information, to gather specific data on key coastal, ocean, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of these data to--CommentsClose CommentsPermalink
(A) support national defense, marine commerce, navigation safety, weather, climate, and marine forecasting, energy siting and production, economic development, ecosystem-based marine, coastal, and Great Lakes resource management, public safety, and public outreach training and education;CommentsClose CommentsPermalink
(B) promote greater public awareness and stewardship of the Nation’s ocean, coastal, and Great Lakes resources and the general public welfare; andCommentsClose CommentsPermalink
(C) enable advances in scientific understanding to support the sustainable use, conservation, management, and understanding of healthy ocean, coastal, and Great Lakes resources;CommentsClose CommentsPermalink
(2) improve the Nation’s capability to measure, track, explain, and predict events related directly and indirectly to weather and climate change, natural climate variability, and interactions between the oceanic and atmospheric environments, including the Great Lakes; andCommentsClose CommentsPermalink
(3) authorize activities to promote basic and applied research to develop, test, and deploy innovations and improvements in coastal and ocean observation technologies, modeling systems, and other scientific and technological capabilities to improve our conceptual understanding of weather and climate, ocean-atmosphere dynamics, global climate change, physical, chemical, and biological dynamics of the ocean, coastal and Great Lakes environments, and to conserve healthy and restore degraded coastal ecosystems.CommentsClose CommentsPermalink
SEC. 5263. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Under Secretary of Commerce for Oceans and Atmosphere in the Under Secretary’s capacity as Administrator of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(2) COUNCIL- The term ‘Council’ means the National Ocean Research Leadership Council established by
(3) FEDERAL ASSETS- The term ‘Federal assets’ means all relevant non-classified civilian coastal and ocean observations, technologies, and related modeling, research, data management, basic and applied technology research and development, and public education and outreach programs, that are managed by member agencies of the Council.CommentsClose CommentsPermalink
(4) INTERAGENCY OCEAN OBSERVATION COMMITTEE- The term ‘Interagency Ocean Observation Committee’ means the committee established under section 5264(c)(2).CommentsClose CommentsPermalink
(5) NON-FEDERAL ASSETS- The term ‘non-Federal assets’ means all relevant coastal and ocean observation technologies, related basic and applied technology research and development, and public education and outreach programs that are integrated into the System and are managed through States, regional organizations, universities, nongovernmental organizations, or the private sector.CommentsClose CommentsPermalink
(6) REGIONAL INFORMATION COORDINATION ENTITIES-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘regional information coordination entity’ means an organizational body that is certified or established by contract or memorandum by the lead Federal agency designated in section 5264(c)(3) of this part and coordinates State, Federal, local, and private interests at a regional level with the responsibility of engaging the private and public sectors in designing, operating, and improving regional coastal and ocean observing systems in order to ensure the provision of data and information that meet the needs of user groups from the respective regions.CommentsClose CommentsPermalink
(B) CERTAIN INCLUDED ASSOCIATIONS- The term ‘regional information coordination entity’ includes regional associations described in the System Plan.CommentsClose CommentsPermalink
(7) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(8) SYSTEM- The term ‘System’ means the National Integrated Coastal and Ocean Observation System established under section 5264.CommentsClose CommentsPermalink
(9) SYSTEM PLAN- The term ‘System Plan’ means the plan contained in the document entitled ‘Ocean.US Publication No. 9, The First Integrated Ocean Observing System (IOOS) Development Plan’, as updated by the Council under this part.CommentsClose CommentsPermalink
SEC. 5264. INTEGRATED COASTAL AND OCEAN OBSERVING SYSTEM.
(a) Establishment- The President, acting through the Council, shall establish a National Integrated Coastal and Ocean Observation System to fulfill the purposes set forth in section 5262 of this part and the System Plan and to fulfill the Nation’s international obligations to contribute to the Global Earth Observation System of Systems and the Global Ocean Observing System.CommentsClose CommentsPermalink
(b) System Elements-CommentsClose CommentsPermalink
(1) IN GENERAL- In order to fulfill the purposes of this part, the System shall be national in scope and consist of--CommentsClose CommentsPermalink
(A) Federal assets to fulfill national and international observation missions and priorities;CommentsClose CommentsPermalink
(B) non-Federal assets, including a network of regional information coordination entities identified under subsection (c)(4), to fulfill regional observation missions and priorities;CommentsClose CommentsPermalink
(C) data management, communication, and modeling systems for the timely integration and dissemination of data and information products from the System;CommentsClose CommentsPermalink
(D) a research and development program conducted under the guidance of the Council, consisting of--CommentsClose CommentsPermalink
(i) basic and applied research and technology development to improve understanding of coastal and ocean systems and their relationships to human activities and to ensure improvement of operational assets and products, including related infrastructure, observing technologies, and information and data processing and management technologies; andCommentsClose CommentsPermalink
(ii) large scale computing resources and research to advance modeling of coastal and ocean processes.CommentsClose CommentsPermalink
(2) ENHANCING ADMINISTRATION AND MANAGEMENT- The head of each Federal agency that has administrative jurisdiction over a Federal asset shall support the purposes of this part and may take appropriate actions to enhance internal agency administration and management to better support, integrate, finance, and utilize observation data, products, and services developed under this section to further its own agency mission and responsibilities.CommentsClose CommentsPermalink
(3) AVAILABILITY OF DATA- The head of each Federal agency that has administrative jurisdiction over a Federal asset shall make available data that are produced by that asset and that are not otherwise restricted for integration, management, and dissemination by the System.CommentsClose CommentsPermalink
(4) NON-FEDERAL ASSETS- Non-Federal assets shall be coordinated, as appropriate, by the Interagency Ocean Observing Committee or by regional information coordination entities.CommentsClose CommentsPermalink
(c) Policy Oversight, Administration, and Regional Coordination-CommentsClose CommentsPermalink
(1) COUNCIL FUNCTIONS- The Council shall serve as the policy and coordination oversight body for all aspects of the System. In carrying out its responsibilities under this part, the Council shall--CommentsClose CommentsPermalink
(A) approve and adopt comprehensive System budgets developed and maintained by the Interagency Ocean Observation Committee to support System operations, including operations of both Federal and non-Federal assets;CommentsClose CommentsPermalink
(B) ensure coordination of the System with other domestic and international earth observing activities including the Global Ocean Observing System and the Global Earth Observing System of Systems, and provide, as appropriate, support for and representation on United States delegations to international meetings on coastal and ocean observing programs; andCommentsClose CommentsPermalink
(C) encourage coordinated intramural and extramural research and technology development, and a process to transition developing technology and methods into operations of the System.CommentsClose CommentsPermalink
(2) INTERAGENCY OCEAN OBSERVATION COMMITTEE- The Council shall establish or designate an Interagency Ocean Observation Committee which shall--CommentsClose CommentsPermalink
(A) prepare annual and long-term plans for consideration and approval by the Council for the integrated design, operation, maintenance, enhancement and expansion of the System to meet the objectives of this part and the System Plan;CommentsClose CommentsPermalink
(B) develop and transmit to Congress at the time of submission of the President’s annual budget request an annual coordinated, comprehensive budget to operate all elements of the System identified in subsection (b), and to ensure continuity of data streams from Federal and non-Federal assets;CommentsClose CommentsPermalink
(C) establish required observation data variables to be gathered by both Federal and non-Federal assets and identify, in consultation with regional information coordination entities, priorities for System observations;CommentsClose CommentsPermalink
(D) establish protocols and standards for System data processing, management, and communication;CommentsClose CommentsPermalink
(E) develop contract certification standards and compliance procedures for all non-Federal assets, including regional information coordination entities, to establish eligibility for integration into the System and to ensure compliance with all applicable standards and protocols established by the Council, and ensure that regional observations are integrated into the System on a sustained basis;CommentsClose CommentsPermalink
(F) identify gaps in observation coverage or needs for capital improvements of both Federal assets and non-Federal assets;CommentsClose CommentsPermalink
(G) subject to the availability of appropriations, establish through one or more participating Federal agencies, in consultation with the System advisory committee established under subsection (d), a competitive matching grant or other programs--CommentsClose CommentsPermalink
(i) to promote intramural and extramural research and development of new, innovative, and emerging observation technologies including testing and field trials; andCommentsClose CommentsPermalink
(ii) to facilitate the migration of new, innovative, and emerging scientific and technological advances from research and development to operational deployment;CommentsClose CommentsPermalink
(H) periodically review and recommend to the Council, in consultation with the Administrator, revisions to the System Plan;CommentsClose CommentsPermalink
(I) ensure collaboration among Federal agencies participating in the activities of the Committee; andCommentsClose CommentsPermalink
(J) perform such additional duties as the Council may delegate.CommentsClose CommentsPermalink
(3) LEAD FEDERAL AGENCY- The National Oceanic and Atmospheric Administration shall function as the lead Federal agency for the implementation and administration of the System, in consultation with the Council, the Interagency Ocean Observation Committee, other Federal agencies that maintain portions of the System, and the regional information coordination entities, and shall--CommentsClose CommentsPermalink
(A) establish an Integrated Ocean Observing Program Office within the National Oceanic and Atmospheric Administration utilizing to the extent necessary, personnel from member agencies participating on the Interagency Ocean Observation Committee, to oversee daily operations and coordination of the System;CommentsClose CommentsPermalink
(B) implement policies, protocols, and standards approved by the Council and delegated by the Interagency Ocean Observing Committee;CommentsClose CommentsPermalink
(C) promulgate program guidelines to certify and integrate non-Federal assets, including regional information coordination entities, into the System to provide regional coastal and ocean observation data that meet the needs of user groups from the respective regions;CommentsClose CommentsPermalink
(D) have the authority to enter into and oversee contracts, leases, grants or cooperative agreements with non-Federal assets, including regional information coordination entities, to support the purposes of this part on such terms as the Administrator deems appropriate;CommentsClose CommentsPermalink
(E) implement a merit-based, competitive funding process to support non-Federal assets, including the development and maintenance of a network of regional information coordination entities, and develop and implement a process for the periodic review and evaluation of all non-Federal assets, including regional information coordination entities;CommentsClose CommentsPermalink
(F) provide opportunities for competitive contracts and grants for demonstration projects to design, develop, integrate, deploy, and support components of the System;CommentsClose CommentsPermalink
(G) establish efficient and effective administrative procedures for allocation of funds among contractors, grantees, and non-Federal assets, including regional information coordination entities in a timely manner, and contingent on appropriations according to the budget adopted by the Council;CommentsClose CommentsPermalink
(H) develop and implement a process for the periodic review and evaluation of regional information coordination entities;CommentsClose CommentsPermalink
(I) formulate an annual process by which gaps in observation coverage or needs for capital improvements of Federal assets and non-Federal assets of the System are identified by the regional information coordination entities, the Administrator, or other members of the System and transmitted to the Interagency Ocean Observing Committee;CommentsClose CommentsPermalink
(J) develop and be responsible for a data management and communication system, in accordance with standards and protocols established by the Council, by which all data collected by the System regarding ocean and coastal waters of the United States including the Great Lakes, are processed, stored, integrated, and made available to all end-user communities;CommentsClose CommentsPermalink
(K) implement a program of public education and outreach to improve public awareness of global climate change and effects on the ocean, coastal, and Great Lakes environment;CommentsClose CommentsPermalink
(L) report annually to the Interagency Ocean Observing Committee on the accomplishments, operational needs, and performance of the System to contribute to the annual and long-term plans developed pursuant to subsection (c)(2)(A)(i); andCommentsClose CommentsPermalink
(M) develop a plan to efficiently integrate into the System new, innovative, or emerging technologies that have been demonstrated to be useful to the System and which will fulfill the purposes of this part and the System Plan.CommentsClose CommentsPermalink
(4) REGIONAL INFORMATION COORDINATION ENTITIES-CommentsClose CommentsPermalink
(A) IN GENERAL- To be certified or established under this part, a regional information coordination entity shall be certified or established by contract or agreement by the Administrator, and shall agree to meet the certification standards and compliance procedure guidelines issued by the Administrator and information needs of user groups in the region while adhering to national standards and shall--CommentsClose CommentsPermalink
(i) demonstrate an organizational structure capable of gathering required System observation data, supporting and integrating all aspects of coastal and ocean observing and information programs within a region and that reflects the needs of State and local governments, commercial interests, and other users and beneficiaries of the System and other requirements specified under this part and the System Plan;CommentsClose CommentsPermalink
(ii) identify gaps in observation coverage needs for capital improvements of Federal assets and non-Federal assets of the System, or other recommendations to assist in the development of the annual and long-term plans created pursuant to subsection (c)(2)(A)(i) and transmit such information to the Interagency Ocean Observing Committee via the Program Office;CommentsClose CommentsPermalink
(iii) develop and operate under a strategic operational plan that will ensure the efficient and effective administration of programs and assets to support daily data observations for integration into the System, pursuant to the standards approved by the Council;CommentsClose CommentsPermalink
(iv) work cooperatively with governmental and non-governmental entities at all levels to identify and provide information products of the System for multiple users within the service area of the regional information coordination entities; andCommentsClose CommentsPermalink
(v) comply with all financial oversight requirements established by the Administrator, including requirements relating to audits.CommentsClose CommentsPermalink
(B) PARTICIPATION- For the purposes of this part, employees of Federal agencies may participate in the functions of the regional information coordination entities.CommentsClose CommentsPermalink
(d) System Advisory Committee-CommentsClose CommentsPermalink
(1) IN GENERAL- The Administrator shall establish or designate a System advisory committee, which shall provide advice as may be requested by the Administrator or the Interagency Ocean Observing Committee.CommentsClose CommentsPermalink
(2) PURPOSE- The purpose of the System advisory committee is to advise the Administrator and the Interagency Ocean Observing Committee on--CommentsClose CommentsPermalink
(A) administration, operation, management, and maintenance of the System, including integration of Federal and non-Federal assets and data management and communication aspects of the System, and fulfillment of the purposes set forth in section 5262;CommentsClose CommentsPermalink
(B) expansion and periodic modernization and upgrade of technology components of the System;CommentsClose CommentsPermalink
(C) identification of end-user communities, their needs for information provided by the System, and the System’s effectiveness in disseminating information to end-user communities and the general public; andCommentsClose CommentsPermalink
(D) any other purpose identified by the Administrator or the Interagency Ocean Observing Committee.CommentsClose CommentsPermalink
(3) MEMBERS-CommentsClose CommentsPermalink
(A) IN GENERAL- The System advisory committee shall be composed of members appointed by the Administrator. Members shall be qualified by education, training, and experience to evaluate scientific and technical information related to the design, operation, maintenance, or use of the System, or use of data products provided through the System.CommentsClose CommentsPermalink
(B) TERMS OF SERVICE- Members shall be appointed for 3-year terms, renewable once. A vacancy appointment shall be for the remainder of the unexpired term of the vacancy, and an individual so appointed may subsequently be appointed for 2 full 3-year terms if the remainder of the unexpired term is less than 1 year.CommentsClose CommentsPermalink
(C) CHAIRPERSON- The Administrator shall designate a chairperson from among the members of the System advisory committee.CommentsClose CommentsPermalink
(D) APPOINTMENT- Members of the System advisory committee shall be appointed as special Government employees for purposes of
(4) ADMINISTRATIVE PROVISIONS-CommentsClose CommentsPermalink
(A) REPORTING- The System advisory committee shall report to the Administrator and the Interagency Ocean Observing Committee, as appropriate.CommentsClose CommentsPermalink
(B) ADMINISTRATIVE SUPPORT- The Administrator shall provide administrative support to the System advisory committee.CommentsClose CommentsPermalink
(C) MEETINGS- The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observing Committee, or the chairperson.CommentsClose CommentsPermalink
(D) COMPENSATION AND EXPENSES- Members of the System advisory committee shall not be compensated for service on that Committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(E) EXPIRATION- Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the System advisory committee.CommentsClose CommentsPermalink
(e) Civil Liability- For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional information coordination entity incorporated into the System by contract, lease, grant, or cooperative agreement under subsection (c)(3)(D) that is participating in the System shall be considered to be part of the National Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional information coordination entity, while operating within the scope of his or her employment in carrying out the purposes of this part, with respect to tort liability, is deemed to be an employee of the Federal Government.CommentsClose CommentsPermalink
(f) Limitation- Nothing in this part shall be construed to invalidate existing certifications, contracts, or agreements between regional information coordination entities and other elements of the System.CommentsClose CommentsPermalink
SEC. 5265. INTERAGENCY FINANCING AND AGREEMENTS.
(a) In General- To carry out interagency activities under this part, the Secretary of Commerce may execute cooperative agreements, or any other agreements, with, and receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organization, or individual.CommentsClose CommentsPermalink
(b) Reciprocity- Member Departments and agencies of the Council shall have the authority to create, support, and maintain joint centers, and to enter into and perform such contracts, leases, grants, and cooperative agreements as may be necessary to carry out the purposes of this part and fulfillment of the System Plan.CommentsClose CommentsPermalink
SEC. 5266. APPLICATION WITH OTHER LAWS.
Nothing in this part supersedes or limits the authority of any agency to carry out its responsibilities and missions under other laws.CommentsClose CommentsPermalink
SEC. 5267. REPORT TO CONGRESS.
(a) Requirement- Not later than 2 years after the date of the enactment of this Act and every 2 years thereafter, the Administrator shall prepare and the President acting through the Council shall approve and transmit to the Congress a report on progress made in implementing this part.CommentsClose CommentsPermalink
(b) Contents- The report shall include--CommentsClose CommentsPermalink
(1) a description of activities carried out under this part and the System Plan;CommentsClose CommentsPermalink
(2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan;CommentsClose CommentsPermalink
(3) identification of Federal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of required observation data variables necessary to meet the respective missions of Council agencies;CommentsClose CommentsPermalink
(4) a review of procurements, planned or initiated, by each Council agency to enhance, expand, or modernize the observation capabilities and data products provided by the System, including data management and communication subsystems;CommentsClose CommentsPermalink
(5) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional information coordination entities to coordinate regional observation operations;CommentsClose CommentsPermalink
(6) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy makers, and educators);CommentsClose CommentsPermalink
(7) recommendations concerning--CommentsClose CommentsPermalink
(A) modifications to the System; andCommentsClose CommentsPermalink
(B) funding levels for the System in subsequent fiscal years; andCommentsClose CommentsPermalink
(8) the results of a periodic external independent programmatic audit of the System.CommentsClose CommentsPermalink
SEC. 5268. PUBLIC-PRIVATE USE POLICY.
The Council shall develop a policy within 6 months after the date of the enactment of this Act that defines processes for making decisions about the roles of the Federal Government, the States, regional information coordination entities, the academic community, and the private sector in providing to end-user communities environmental information, products, technologies, and services related to the System. The Council shall publish the policy in the Federal Register for public comment for a period not less than 60 days. Nothing in this section shall be construed to require changes in policy in effect on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 5269. INDEPENDENT COST ESTIMATE.
Within 1 year after the date of enactment of this Act, the Interagency Ocean Observation Committee, through the Administrator and the Director of the National Science Foundation, shall obtain an independent cost estimate for operations and maintenance of existing Federal assets of the System, and planned or anticipated acquisition, operation, and maintenance of new Federal assets for the System, including operation facilities, observation equipment, modeling and software, data management and communication, and other essential components. The independent cost estimate shall be transmitted unabridged and without revision by the Administrator to Congress.CommentsClose CommentsPermalink
SEC. 5270. INTENT OF CONGRESS.
It is the intent of Congress that funding provided to agencies of the Council to implement this part shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are estimated to be in excess of $250,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment.CommentsClose CommentsPermalink
SEC. 5271. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2009 through 2013 such sums as are necessary to fulfill the purposes of this part and support activities identified in the annual coordinated System budget developed by the Interagency Ocean Observation Committee and submitted to the Congress.CommentsClose CommentsPermalink
PART VI--FEDERAL OCEAN ACIDIFICATION RESEARCH AND MONITORING ACT OF 2008
SEC. 5281. SHORT TITLE.
This part may be cited as the ‘Federal Ocean Acidification Research And Monitoring Act of 2008’ or the ‘FOARAM Act’.CommentsClose CommentsPermalink
SEC. 5282. PURPOSES.
(a) Purposes- The purposes of this part are to provide for--CommentsClose CommentsPermalink
(1) development and coordination of a comprehensive interagency plan to--CommentsClose CommentsPermalink
(A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; andCommentsClose CommentsPermalink
(B) establish an interagency research and monitoring program on ocean acidification;CommentsClose CommentsPermalink
(2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink
(3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; andCommentsClose CommentsPermalink
(4) research adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification.CommentsClose CommentsPermalink
SEC. 5283. DEFINITIONS.
In this part:CommentsClose CommentsPermalink
(1) OCEAN ACIDIFICATION- The term ‘ocean acidification’ means the decrease in pH of the Earth’s oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.CommentsClose CommentsPermalink
(2) SECRETARY- The term ‘Secretary’ means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(3) SUBCOMMITTEE- The term ‘Subcommittee’ means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council.CommentsClose CommentsPermalink
SEC. 5284. INTERAGENCY SUBCOMMITTEE.
(a) Designation-CommentsClose CommentsPermalink
(1) IN GENERAL- The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification and establish an interagency working group.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the United States Geological Survey, the United States Fish and Wildlife Service, and such other Federal agencies as appropriate.CommentsClose CommentsPermalink
(3) CHAIRMAN- The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration.CommentsClose CommentsPermalink
(b) Duties- The Subcommittee shall--CommentsClose CommentsPermalink
(1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5285 of this part and oversee the implementation of the plan;CommentsClose CommentsPermalink
(2) oversee the development of--CommentsClose CommentsPermalink
(A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; andCommentsClose CommentsPermalink
(B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification;CommentsClose CommentsPermalink
(3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources;CommentsClose CommentsPermalink
(4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; andCommentsClose CommentsPermalink
(5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification.CommentsClose CommentsPermalink
(c) Reports to Congress-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that--CommentsClose CommentsPermalink
(A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; andCommentsClose CommentsPermalink
(B) describes the progress in developing the plan required under section 5285 of this part.CommentsClose CommentsPermalink
(2) BIENNIAL REPORT- Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes--CommentsClose CommentsPermalink
(A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; andCommentsClose CommentsPermalink
(B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5285.CommentsClose CommentsPermalink
(3) STRATEGIC RESEARCH PLAN- Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5285 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter.CommentsClose CommentsPermalink
SEC. 5285. STRATEGIC RESEARCH PLAN.
(a) In General- Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d).CommentsClose CommentsPermalink
(b) Contents of the Plan- The plan shall--CommentsClose CommentsPermalink
(1) provide for interdisciplinary research among the ocean sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems;CommentsClose CommentsPermalink
(2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will--CommentsClose CommentsPermalink
(A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems;CommentsClose CommentsPermalink
(B) improve the ability to assess the socioeconomic impacts of ocean acidification; andCommentsClose CommentsPermalink
(C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems;CommentsClose CommentsPermalink
(3) describe specific activities, including--CommentsClose CommentsPermalink
(A) efforts to determine user needs;CommentsClose CommentsPermalink
(B) research activities;CommentsClose CommentsPermalink
(C) monitoring activities;CommentsClose CommentsPermalink
(D) technology and methods development;CommentsClose CommentsPermalink
(E) data collection;CommentsClose CommentsPermalink
(F) database development;CommentsClose CommentsPermalink
(G) modeling activities;CommentsClose CommentsPermalink
(H) assessment of ocean acidification impacts; andCommentsClose CommentsPermalink
(I) participation in international research efforts;CommentsClose CommentsPermalink
(4) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan;CommentsClose CommentsPermalink
(5) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities;CommentsClose CommentsPermalink
(6) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations;CommentsClose CommentsPermalink
(7) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan;CommentsClose CommentsPermalink
(8) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; andCommentsClose CommentsPermalink
(9) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities.CommentsClose CommentsPermalink
(c) Program Elements- The plan shall include at a minimum the following program elements:CommentsClose CommentsPermalink
(1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize--CommentsClose CommentsPermalink
(A) marine ecosystems;CommentsClose CommentsPermalink
(B) changes in marine productivity; andCommentsClose CommentsPermalink
(C) changes in surface ocean chemistry.CommentsClose CommentsPermalink
(2) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification.CommentsClose CommentsPermalink
(3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms.CommentsClose CommentsPermalink
(4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats.CommentsClose CommentsPermalink
(5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems.CommentsClose CommentsPermalink
(d) National Academy of Sciences Evaluation- The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan.CommentsClose CommentsPermalink
(e) Public Participation- In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days.CommentsClose CommentsPermalink
SEC. 5286. NOAA OCEAN ACIDIFICATION ACTIVITIES.
(a) In General- The Secretary shall establish and maintain an ocean acidification program within the National Oceanic and Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 5285 that--CommentsClose CommentsPermalink
(1) includes--CommentsClose CommentsPermalink
(A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification;CommentsClose CommentsPermalink
(B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program;CommentsClose CommentsPermalink
(C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification;CommentsClose CommentsPermalink
(D) as an integral part of the research programs described in this part, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification;CommentsClose CommentsPermalink
(E) as an integral part of the research programs described in this part, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; andCommentsClose CommentsPermalink
(F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others;CommentsClose CommentsPermalink
(2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; andCommentsClose CommentsPermalink
(3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under
(b) Additional Authority- In conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this part on such terms as the Secretary considers appropriate.CommentsClose CommentsPermalink
SEC. 5287. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities- The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts, including--CommentsClose CommentsPermalink
(1) impacts on marine organisms and marine ecosystems;CommentsClose CommentsPermalink
(2) impacts on ocean, coastal, and estuarine biogeochemistry; andCommentsClose CommentsPermalink
(3) the development of methodologies and technologies to evaluate ocean acidification and its impacts.CommentsClose CommentsPermalink
(b) Consistency- The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5285.CommentsClose CommentsPermalink
(c) Coordination- The Director shall encourage coordination of the Foundation’s ocean acidification activities with such activities of other nations and international organizations.CommentsClose CommentsPermalink
SEC. 5288. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities- The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts.CommentsClose CommentsPermalink
(b) Program Consistency- The Administrator shall ensure that the Agency’s research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5285.CommentsClose CommentsPermalink
(c) Coordination- The Administrator shall encourage coordination of the Agency’s ocean acidification activities with such activities of other nations and international organizations.CommentsClose CommentsPermalink
SEC. 5289. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA- There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this part--CommentsClose CommentsPermalink
(1) $8,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $12,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $15,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
(4) $20,000,000 for fiscal year 2012.CommentsClose CommentsPermalink
(b) NSF- There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this part--CommentsClose CommentsPermalink
(1) $6,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
(2) $8,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
(3) $12,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
(4) $15,000,000 for fiscal year 2012.CommentsClose CommentsPermalink
TITLE VI--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONSCommentsClose CommentsPermalink
Subtitle A--National Capital Transportation Amendments Act of 2008CommentsClose CommentsPermalink
SEC. 6101. SHORT TITLE; FINDINGS.
(a) Short Title- This subtitle may be cited as the ‘National Capital Transportation Amendments Act of 2008’.CommentsClose CommentsPermalink
(b) Findings- Congress finds as follows:CommentsClose CommentsPermalink
(1) Metro, the public transit system of the Washington metropolitan area, is essential for the continued and effective performance of the functions of the Federal Government, and for the orderly movement of people during major events and times of regional or national emergency.CommentsClose CommentsPermalink
(2) On 3 occasions, Congress has authorized appropriations for the construction and capital improvement needs of the Metrorail system.CommentsClose CommentsPermalink
(3) Additional funding is required to protect these previous Federal investments and ensure the continued functionality and viability of the original 103-mile Metrorail system.CommentsClose CommentsPermalink
SEC. 6102. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
(a) Authorization-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to the succeeding provisions of this section, the Secretary of Transportation is authorized to make grants to the Transit Authority, in addition to the contributions authorized under sections 3, 14, and 17 of the National Capital Transportation Act of 1969 (sec. 9--1101.01 et seq., D.C. Official Code), for the purpose of financing in part the capital and preventive maintenance projects included in the Capital Improvement Program approved by the Board of Directors of the Transit Authority.CommentsClose CommentsPermalink
(2) DEFINITIONS- In this section--CommentsClose CommentsPermalink
(A) the term ‘Transit Authority’ means the Washington Metropolitan Area Transit Authority established under Article III of the Compact; andCommentsClose CommentsPermalink
(B) the term ‘Compact’ means the Washington Metropolitan Area Transit Authority Compact (80 Stat. 1324; Public Law 89--774).CommentsClose CommentsPermalink
(b) Use of Funds- The Federal grants made pursuant to the authorization under this section shall be subject to the following limitations and conditions:CommentsClose CommentsPermalink
(1) The work for which such Federal grants are authorized shall be subject to the provisions of the Compact (consistent with the amendments to the Compact described in subsection (d)).CommentsClose CommentsPermalink
(2) Each such Federal grant shall be for 50 percent of the net project cost of the project involved, and shall be provided in cash from sources other than Federal funds or revenues from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact described in subsection (d)(1), any funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital.CommentsClose CommentsPermalink
(3) Such Federal grants may be used only for the maintenance and upkeep of the systems of the Transit Authority as of the date of the enactment of this Act and may not be used to increase the mileage of the rail system.CommentsClose CommentsPermalink
(c) Applicability of Requirements For Mass Transportation Capital Projects Receiving Funds Under Federal Transportation Law- Except as specifically provided in this section, the use of any amounts appropriated pursuant to the authorization under this section shall be subject to the requirements applicable to capital projects for which funds are provided under chapter 53 of title 49, United States Code, except to the extent that the Secretary of Transportation determines that the requirements are inconsistent with the purposes of this section.CommentsClose CommentsPermalink
(d) Amendments to Compact- No amounts may be provided to the Transit Authority pursuant to the authorization under this section until the Transit Authority notifies the Secretary of Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect:CommentsClose CommentsPermalink
(1)(A) An amendment requiring that all payments by the local signatory governments for the Transit Authority for the purpose of matching any Federal funds appropriated in any given year authorized under subsection (a) for the cost of operating and maintaining the adopted regional system are made from amounts derived from dedicated funding sources.CommentsClose CommentsPermalink
(B) For purposes of this paragraph, the term ‘dedicated funding source’ means any source of funding which is earmarked or required under State or local law to be used to match Federal appropriations authorized under this subtitle for payments to the Transit Authority.CommentsClose CommentsPermalink
(2) An amendment establishing an Office of the Inspector General of the Transit Authority.CommentsClose CommentsPermalink
(3) An amendment expanding the Board of Directors of the Transit Authority to include 4 additional Directors appointed by the Administrator of General Services, of whom 2 shall be nonvoting and 2 shall be voting, and requiring one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit Authority.CommentsClose CommentsPermalink
(e) Access to Wireless Service in Metrorail System-CommentsClose CommentsPermalink
(1) REQUIRING TRANSIT AUTHORITY TO PROVIDE ACCESS TO SERVICE- No amounts may be provided to the Transit Authority pursuant to the authorization under this section unless the Transit Authority ensures that customers of the rail service of the Transit Authority have access within the rail system to services provided by any licensed wireless provider that notifies the Transit Authority (in accordance with such procedures as the Transit Authority may adopt) of its intent to offer service to the public, in accordance with the following timetable:CommentsClose CommentsPermalink
(A) Not later than 1 year after the date of the enactment of this Act, in the 20 underground rail station platforms with the highest volume of passenger traffic.CommentsClose CommentsPermalink
(B) Not later than 4 years after such date, throughout the rail system.CommentsClose CommentsPermalink
(2) ACCESS OF WIRELESS PROVIDERS TO SYSTEM FOR UPGRADES AND MAINTENANCE- No amounts may be provided to the Transit Authority pursuant to the authorization under this section unless the Transit Authority ensures that each licensed wireless provider who provides service to the public within the rail system pursuant to paragraph (1) has access to the system on an ongoing basis (subject to such restrictions as the Transit Authority may impose to ensure that such access will not unduly impact rail operations or threaten the safety of customers or employees of the rail system) to carry out emergency repairs, routine maintenance, and upgrades to the service.CommentsClose CommentsPermalink
(3) PERMITTING REASONABLE AND CUSTOMARY CHARGES- Nothing in this subsection may be construed to prohibit the Transit Authority from requiring a licensed wireless provider to pay reasonable and customary charges for access granted under this subsection.CommentsClose CommentsPermalink
(4) REPORTS- Not later than 1 year after the date of the enactment of this Act, and each of the 3 years thereafter, the Transit Authority shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of this subsection.CommentsClose CommentsPermalink
(5) DEFINITION- In this subsection, the term ‘licensed wireless provider’ means any provider of wireless services who is operating pursuant to a Federal license to offer such services to the public for profit.CommentsClose CommentsPermalink
(f) Amount- There are authorized to be appropriated to the Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until expended.CommentsClose CommentsPermalink
(g) Availability- Amounts appropriated pursuant to the authorization under this section shall remain available until expended.CommentsClose CommentsPermalink
Subtitle B--Preservation of Records of Servitude, Emancipation, and Post-Civil War Reconstruction ActCommentsClose CommentsPermalink
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ‘Preservation of Records of Servitude, Emancipation, and Post-Civil War Reconstruction Act’.CommentsClose CommentsPermalink
SEC. 6202. ESTABLISHMENT OF NATIONAL DATABASE.
(a) In General- The Archivist of the United States shall preserve relevant records and establish, as part of the National Archives, an electronically searchable national database consisting of historic records of servitude, emancipation, and post-Civil War reconstruction, including Refugees, Freedman and Abandoned Lands Records, the Southern Claims Commission Records, Records of the Freedmen’s Bank, Slave Impressments Records, Slave Payroll Records, Slave Manifest, and others, contained within the agencies and departments of the Federal Government to assist African Americans and others in conducting genealogical and historical research.CommentsClose CommentsPermalink
(b) Maintenance- The database established under this section shall be maintained by the National Archives or an entity within the National Archives designated by the Archivist.CommentsClose CommentsPermalink
SEC. 6203. GRANTS FOR ESTABLISHMENT OF STATE AND LOCAL DATABASES.
(a) In General- The National Historical Publications and Records Commission of the National Archives shall provide grants to States, colleges and universities, museums, libraries, and genealogical associations to preserve records and establish electronically searchable databases consisting of local records of servitude, emancipation, and post-Civil War reconstruction.CommentsClose CommentsPermalink
(b) Maintenance- The databases established using grants provided under this section shall be maintained by appropriate agencies or institutions designated by the National Historical Publications and Records Commission.CommentsClose CommentsPermalink
SEC. 6204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--CommentsClose CommentsPermalink
(1) $5,000,000 to implement section 6202; andCommentsClose CommentsPermalink
(2) $5,000,000 to provide grants under section 6203.CommentsClose CommentsPermalink
Subtitle C--Predisaster Hazard Mitigation Act of 2008CommentsClose CommentsPermalink
SEC. 6301. SHORT TITLE.
This subtitle may be cited as the ‘Predisaster Hazard Mitigation Act of 2008’.CommentsClose CommentsPermalink
SEC. 6302. PREDISASTER HAZARD MITIGATION.
(a) Allocation of Funds- Section 203(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(f) Allocation of Funds-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President shall award financial assistance under this section on a competitive basis and in accordance with the criteria in subsection (g).CommentsClose CommentsPermalink
‘(2) MINIMUM AND MAXIMUM AMOUNTS- In providing financial assistance under this section, the President shall ensure that the amount of financial assistance made available to a State (including amounts made available to local governments of the State) for a fiscal year--CommentsClose CommentsPermalink
‘(A) is not less than the lesser of--CommentsClose CommentsPermalink
‘(i) $575,000; orCommentsClose CommentsPermalink
‘(ii) the amount that is equal to 1 percent of the total funds appropriated to carry out this section for the fiscal year; andCommentsClose CommentsPermalink
‘(B) does not exceed the amount that is equal to 15 percent of the total funds appropriated to carry out this section for the fiscal year.’.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
‘(m) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
‘(1) $210,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
‘(2) $230,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink
‘(3) $250,000,000 for fiscal year 2011.’.CommentsClose CommentsPermalink
SEC. 6303. FLOOD CONTROL PROJECTS.
(a) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency; andCommentsClose CommentsPermalink
(2) the term ‘flood control project’--CommentsClose CommentsPermalink
(A) means a project relating to the repair or rehabilitation of a levee the construction of which has been completed before the date of enactment of this Act that is--CommentsClose CommentsPermalink
(i) Federally constructed; orCommentsClose CommentsPermalink
(ii) a non-Federal levee the owners of which are participating in the emergency response to natural disasters program established under section 5 of the Act entitled ‘An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes’, approved August 18, 1941 (
(B) does not include any project the maintenance of which is the responsibility of a Federal department or agency, including the Corps of Engineers.CommentsClose CommentsPermalink
(b) Review-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Administrator shall review the guidance issued by the Federal Emergency Management Agency relating to the eligibility of flood control projects under the predisaster mitigation program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(2) CONTENTS- As part of the review under this subsection, the Administrator shall--CommentsClose CommentsPermalink
(A) request proposals for potential flood control projects from not less than 5 States in which the President declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(B) develop additional criteria for selection of States under subparagraph (A), which shall be reviewed by the Government Accountability Office;CommentsClose CommentsPermalink
(C) evaluate the cost-effectiveness of proposals received under subparagraph (A); andCommentsClose CommentsPermalink
(D) review the report by the Committee on Levee Safety required under section 9003(c)(2) of the Water Resources Development Act of 2007 (
(c) Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the date on which the Administrator completes the review required under subsection (b)(1), the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the review under subsection (b)(1) of the suitability of using funds under the predisaster mitigation program for flood control projects, including any recommendations for changes to the administrative guidance of the Federal Emergency Management Agency.CommentsClose CommentsPermalink
(2) GAO REPORT- Not later than 240 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report assessing the criteria developed by the Administrator under subsection (b)(2)(B).CommentsClose CommentsPermalink
(d) Pilot Project-CommentsClose CommentsPermalink
(1) IN GENERAL- After the Administrator completes the review required under subsection (b)(1), the Administrator may make grants for not more than 5 flood control projects during fiscal year 2010, selected from among proposals submitted to the Administrator in response to the request under subsection (b)(2)(A). The selection of projects under this subsection by the Administrator shall be consistent with section 203(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended by this Act.CommentsClose CommentsPermalink
(2) OTHER CRITERIA- The projects selected under this subsection shall meet the criteria under subsections (b), (e), and (g) of section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 6304. TECHNICAL AND CONFORMING AMENDMENTS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(1) in section 602(a), by striking paragraph (7) and inserting the following:CommentsClose CommentsPermalink
‘(7) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency.’; andCommentsClose CommentsPermalink
(2) by striking ‘Director’ each place it appears and inserting ‘Administrator’, except--CommentsClose CommentsPermalink
(A) the second and fourth place it appears in section 622(c);CommentsClose CommentsPermalink
(B) in section 622(d); andCommentsClose CommentsPermalink
(C) in section 626(b).CommentsClose CommentsPermalink
TITLE VII--RULES AND ADMINISTRATION PROVISIONSCommentsClose CommentsPermalink
SEC. 7001. CONSTRUCTION OF GREENHOUSE FACILITY.
(a) In General- The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural operations of, and preserve the orchid collection held in trust by, the Smithsonian Institution.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until expended.CommentsClose CommentsPermalink
Calendar No. 894CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3297CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To advance America’s priorities.CommentsClose CommentsPermalink
July 23, 2008CommentsClose CommentsPermalink
Read the second time and placed on the calendarCommentsClose CommentsPermalink
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