[Congressional Record Volume 151, Number 92 (Monday, July 11, 2005)]
[Senate]
[Pages S8000-S8088]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1105. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___.(a) Not later than 15 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Director of the Federal Emergency 
     Management Agency (including the Emergency Preparedness and 
     Response Directorate and all other staff under the direction 
     of the Secretary) (referred to in this section as the 
     ``Secretary''), shall provide to the Subcommittee on Homeland 
     Security of the Committee on Appropriations of the Senate--
       (1) a detailed list that describes, as of the date of 
     enactment of this Act--
       (A) all associated costs (as determined by the Secretary) 
     incurred by New York City, the State of New York, and any 
     other entity or organization established by New York City or 
     the State of New York, as a result of the terrorist attacks 
     of September 11, 2001, that were paid using funds made 
     available by Congress; and
       (B) all requests for funds submitted to the Department of 
     Homeland Security and the Federal Emergency Management Agency 
     by New York City and the State of New York (including the 
     dates of submission, and dates of payment, if any, of those 
     requests) that have been paid or rejected, or that remain 
     unpaid; and
       (2) a certified accounting and detailed description of--
       (A) the amounts of funds made available after the terrorist 
     attacks of September 11, 2001, that remain unexpended as of 
     the date of enactment of this Act;
       (B) the accounts containing those unexpended funds; and
       (C) a detailed description of any plans of the Secretary 
     for expenditure or obligation of those unexpended funds.
       (b) Not later than 15 days after the date of receipt of a 
     request from the Subcommittee on Homeland Security of the 
     Committee on Appropriations of the Senate for any information 
     in addition to information described in subsection (a), the 
     Secretary, and such staff located in a regional office of the 
     Department of Homeland Security or the Federal Emergency 
     Management Agency as the Secretary determines to be 
     appropriate, shall provide the information to the 
     Subcommittee.
                                 ______
                                 
  SA 1106. Mrs. CLINTON (for herself, Mr. Durbin, Mr. Lautenberg, Mr. 
Corzine, and Mr. Schumer) submitted an amendment intended to be 
proposed by her to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. (a) Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     assess and report in writing to the Committee on 
     Appropriations, the Committee on Homeland Security and 
     Government Affairs, and the Committee on Commerce, Science, 
     and Transportation of the Senate on the following:
       (1) The vulnerability posed to high risk areas and 
     facilities from general aviation aircraft that could be 
     stolen or used as a weapon or armed with a weapon.
       (2) The security vulnerabilities existing at general 
     aviation airports that would permit general aviation aircraft 
     to be stolen.
       (3) Low-cost, high-performance technology that could be 
     used to easily track general aviation aircraft that could 
     otherwise fly undetected.
       (4) The feasibility of implementing security measures that 
     would disable general aviation aircraft while on the ground 
     and parked to prevent theft.
       (5) The feasibility of performing requisite background 
     checks on individuals working at general aviation airports 
     that have access to aircraft or flight line activities.
       (6) An assessment of the threat posed to high population 
     areas, nuclear facilities, key infrastructure, military 
     bases, and transportation infrastructure that stolen or 
     hijacked general aviation aircraft pose especially if armed 
     with weapons or explosives.
       (7) An assessment of existing security precautions in place 
     at general aviation airports to prevent breaches of the 
     flight line and perimeter.
       (8) An assessment of whether unmanned air traffic control 
     towers provide a security or alert weakness to the security 
     of general aviation aircraft.
       (9) An assessment of the additional measures that should be 
     adopted to ensure the security of general aviation aircraft.
       (b) The report required by subsection (a) shall include 
     cost estimates associated with implementing each of the 
     measures recommended in the report.
                                 ______
                                 
  SA 1107. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) From the money in the Treasury not otherwise 
     obligated or appropriated, there are appropriated to the 
     Department of Veterans Affairs $1,500,000,000 for the fiscal 
     year ending September 30, 2005, for medical services provided 
     by the Veterans Health Administration, which shall be 
     available until expended.
       (b) The amount appropriated under subsection (a)--
       (1) is designated as an emergency requirement pursuant to 
     section 402 of H.Con.Res. 95 (109th Congress); and
       (2) shall remain available until expended.
       (c) This section shall take effect on the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1108. Mr. LOTT submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. It is the sense of the Senate that the Secretary 
     of Homeland Security should conduct a study of the 
     feasibility of leveraging existing FM broadcast radio 
     infrastructure to provide a first alert, encrypted, multi-
     point emergency messaging system for emergency response using 
     proven technology.
                                 ______
                                 
  SA 1109. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 81, line 20, insert before the period ``: Provided 
     further, That each State or territory that receives amounts 
     under paragraph (1) or (2) shall provide a detailed report to 
     the Office of State and Local Government Coordination and 
     Preparedness on the identity of each recipient of such 
     amounts made available by the State or territory and the date 
     of receipt, date of expenditure or obligation, and purpose of 
     such expenditure or obligation by that recipient: Provided 
     further, That each State or territory described under the 
     preceding proviso shall provide access to Congress of all 
     records of that State or territory relating to such amounts: 
     Provided further, That each recipient described under the 
     proviso before the preceding proviso shall provide a written 
     explanation to the State or territory from which any amount 
     is received of the reasons that the expenditure or obligation 
     of any such amount is consistent with the Interim National 
     Preparedness Goal as established by the Department of 
     Homeland Security and the National Priorities as set forth in 
     Homeland Security Presidential Directive 8''.
                                 ______
                                 
  SA 1110. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:


[[Page S8001]]


       On page 78, line 19, insert ``or the proximity of existing 
     or planned high impact targets, including liquified natural 
     gas facilities and liquified petroleum vessels,'' after 
     ``threat''.
                                 ______
                                 
  SA 1111. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. None of the funds appropriated under this Act may 
     be used to pro9mulgate regulations to implement the plan 
     developed pursuant to section 7209(b) of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1185 note) to require 
     United States citizens to present a passport or other 
     documents upon entry into the United States from Canada.
                                 ______
                                 
  SA 1112. Mr. AKAKA (for himself, Mr. Lieberman, Mr. Harkin, Ms. 
Landrieu, Mr. Obama, Mrs. Murray, Mr. Corzine, Mr. Lautenberg, Mr. 
Bingaman, Mr. Durbin, and Mr. Schumer) submitted an amendment intended 
to be proposed by him to the bill H.R. 2360, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$3,281,300,000''.
       On page 77, line 20, strike ``$1,518,000,000'' and insert 
     ``$1,985,000,000''.
       On page 79, line 21, strike ``$321,300,000'' and insert 
     ``$341,300,000''.
                                 ______
                                 
  SA 1113. Mr. AKAKA (for himself, Mr. Lieberman, Mr. Harkin, Ms. 
Landrieu, Mr. Obama, Mrs. Murray, Mr. Corzine, Mr. Lautenberg, Mr. 
Bingaman, Mr. Durbin, and Mr. Schumer) submitted an amendment intended 
to be proposed by him to the bill H.R. 2360, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$3,281,300,000''.
       On page 77, line 20, strike ``$1,518,000,000'' and insert 
     ``$1,985,000,000''.
       On page 79, line 21, strike ``$321,300,000'' and insert 
     ``$341,300,000''.
       On page 81, line 24, strike ``$615,000,000'' and insert 
     ``$715,000,000''.
       On page 81, line 24, strike ``$550,000,000'' and insert 
     ``$650,000,000''.
                                 ______
                                 
  SA 1114. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $100,000,000, of which $50,000,000 shall be 
     available to carry out section 33 (15 U.S.C. 2229) and 
     $50,000,000 shall be available to carry out section 34 (15 
     U.S.C. 2229a) of such Act, for the fiscal year ending 
     September 30, 2005, to be available immediately upon 
     enactment, and to remain available until September 30, 2007: 
     Provided, That not to exceed 5 percent of this amount shall 
     be available for program administration.

                                 ______
                                 
  SA 1115. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 81, line 24, strike ``615,000,000'' and insert 
     ``$715,000,000'' and strike ``$550,000,000'' and insert 
     ``$600,000,000'' and line 26, strike ``$65,000,000'' and 
     insert ``$115,000,000''.
                                 ______
                                 
  SA 1116. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 5___.(a) Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Under Secretary for Emergency Preparedness 
     and Response, 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 detailed accounting of public assistance 
     reimbursements provided to the States affected during 2004 
     by--
       (1) Hurricane Charley;
       (2) Hurricane Frances;
       (3) Hurricane Ivan; or
       (4) Hurricane Jeanne.
       (b) The accounting under subsection (a) shall include a 
     description of--
       (1) the status of any pending public assistance 
     reimbursement application relating to a State described in 
     subsection (a);
       (2) any entity the application for public assistance 
     reimbursement of which was denied by the Under Secretary and 
     the reasons why the application was denied;
       (3) each public assistance reimbursement application that 
     is under appeal as of the date on which the accounting is 
     prepared; and
       (4) the amount, and each recipient, of public assistance 
     reimbursements described in subsection (a) as of the date on 
     which the accounting is prepared, expressed in a chart.
                                 ______
                                 
  SA 1117. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 5___. In light of concerns regarding inconsistent 
     policy memoranda and guidelines issued to counties and 
     communities affected by the 2004 hurricane season, the 
     Secretary of Homeland Security, acting through the Under 
     Secretary for Emergency Preparedness and Response, shall 
     provide clear, concise, and uniform guidelines for the 
     reimbursement to any county or government entity affected by 
     a hurricane of the costs of hurricane debris removal.
                                 ______
                                 
  SA 1118. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 5___. Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Under Secretary for Emergency Preparedness 
     and Response, 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 any changes to Federal 
     emergency preparedness and response policies and practices 
     made as a result of the report of the Inspector General of 
     the Department of Homeland Security, dated May 20, 2005, 
     relating to the individual and household program of the 
     Federal Emergency Management Agency in Miami-Dade County, 
     Florida, in response to Hurricane Frances.
                                 ______
                                 
  SA 1119. Mr. REED (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 5___.(a) Beginning in fiscal year 2006 and thereafter, 
     the Commandant of the Coast Guard shall require an applicant 
     for an order to site, construct, expand, or operate a 
     liquefied natural gas import facility, in cooperation with 
     the Commandant and State and local agencies that provide for 
     the safety and security of the liquefied natural gas import 
     facility and any vessels that serve the facility, to develop 
     a cost-sharing plan before the date on which the Federal 
     Energy Regulatory Commission issues an order authorizing the 
     applicant to site the facility.
       (b) A cost-sharing plan developed under subsection (a) 
     shall include a description of any direct cost reimbursements 
     that the applicant agrees to provide to any State and local 
     agencies with responsibility for security and safety--
       (1) at the liquefied natural gas import facility; and
       (2) in proximity to vessels that serve the facility.
                                 ______
                                 
  SA 1120. Mr. FEINGOLD (for himself, Mr. Sununu, and Mr. Leahy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2360, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.(a) Definitions.--In this section:
       (1) Data-mining.--The term ``data-mining'' means a query or 
     search or other analysis of 1 or more electronic databases, 
     whereas--
       (A) at least 1 of the databases was obtained from or 
     remains under the control of a non-

[[Page S8002]]

     Federal entity, or the information was acquired initially by 
     another department or agency of the Federal Government for 
     purposes other than intelligence or law enforcement;
       (B) a department or agency of the Federal Government or a 
     non-Federal entity acting on behalf of the Federal Government 
     is conducting the query or search or other analysis to find a 
     predictive pattern indicating terrorist or criminal activity; 
     and
       (C) the search does not use a specific individual's 
     personal identifiers to acquire information concerning that 
     individual.
       (2) Database.--The term ``database'' does not include 
     telephone directories, news reporting, information publicly 
     available via the Internet or available by any other means to 
     any member of the public without payment of a fee, or 
     databases of judicial and administrative opinions.
       (b) Reports on Data-Mining Activities by the Department of 
     Homeland Security.--
       (1) Requirement for report.--The head of each department or 
     agency in the Department of Homeland Security that is engaged 
     in any activity to use or develop data-mining technology 
     shall each submit a report to Congress on all such activities 
     of the agency under the jurisdiction of that official. The 
     report shall be made available to the public.
       (2) Content of report.--A report submitted under paragraph 
     (1) shall include, for each activity to use or develop data-
     mining technology that is required to be covered by the 
     report, the following information:
       (A) A thorough description of the data-mining technology 
     and the data that is being or will be used.
       (B) A thorough description of the goals and plans for the 
     use or development of such technology and, where appropriate, 
     the target dates for the deployment of the data-mining 
     technology.
       (C) An assessment of the efficacy or likely efficacy of the 
     data-mining technology in providing accurate information 
     consistent with and valuable to the stated goals and plans 
     for the use or development of the technology.
       (D) An assessment of the impact or likely impact of the 
     implementation of the data-mining technology on the privacy 
     and civil liberties of individuals.
       (E) A list and analysis of the laws and regulations that 
     govern the information being or to be collected, reviewed, 
     gathered, analyzed, or used with the data-mining technology.
       (F) A thorough discussion of the policies, procedures, and 
     guidelines that are in place or that are to be developed and 
     applied in the use of such technology for data-mining in 
     order to--
       (i) protect the privacy and due process rights of 
     individuals; and
       (ii) ensure that only accurate information is collected, 
     reviewed, gathered, analyzed, or used.
       (G) Any necessary classified information in an annex that 
     shall be available to the Committee on Homeland Security and 
     Governmental Affairs, the Committee on the Judiciary, and the 
     Committee on Appropriations of the Senate and the Committee 
     on Homeland Security, the Committee on the Judiciary, and the 
     Committee on Appropriations of the House of Representatives.
                                 ______
                                 
  SA 1121. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, line 20, strike ``$1,518,000,000'' and insert 
     ``$1,985,000,000''.
       On page 79, line 21, strike ``321,300,000'' and insert 
     ``341,300,000''.
       On page 79, line 22, insert before the colon ``, of which 
     $30,000,000 shall be made available for the metropolitan 
     medical response system''.
       On page 81, line 24, strike ``$615,000,000'' and insert 
     ``$715,000,000''.
       On page 81, line 24, strike ``$550,000,000'' and insert 
     ``$650,000,000''.
                                 ______
                                 
  SA 1122. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. (a) The amount appropriated under the heading 
     ``aviation security'' for screening operations is hereby 
     increased by $334,971, of which $334,971 shall be available 
     for passenger and baggage screener pay, compensation, and 
     benefits. Such amount shall be in addition to any other 
     amounts appropriated for such pay, compensation, and 
     benefits.
       (b) None of the funds appropriated to the Transportation 
     Security Administration in this Act may be used to enter into 
     contracts with nongovernmental entities to provide passenger 
     and baggage screening functions.
                                 ______
                                 
  SA 1123. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 73, line 13, strike ``$988,600,000'' and insert 
     ``$1,082,900,000''.
       On page 73, line 15, strike ``program:'' and insert 
     ``program, of which $94,300,000 shall be used for 
     accelerating the fast response cutter acquisition:''.
       On page 77, line 18, strike ``$2,694,300,000,'' and insert 
     $2,600,000,000,''.
                                 ______
                                 
  SA 1124. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, line 20, insert ``of which $367,552,000 shall 
     be transferred to Customs and Border Protection for hiring an 
     additional 1,000 border agents and for other necessary 
     support activities for such agency; and'' after ``local 
     grants,''.
                                 ______
                                 
  SA 1125. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 83, line 26, before the period, insert the 
     following: ``: Provided further, That of the total amount 
     made available under this heading for the support and 
     acquisition of mobile medical units to be used by the Federal 
     Emergency Management Agency, Directorate of Emergency 
     Preparedness and Response, in response to domestic disasters, 
     the Secretary of Homeland Security is encouarged to acquire 
     an integrated mobile medical system for testing and 
     evaluation in accordance with subchapter V of chapter 35 of 
     title 31, United States Code (commonly known as the 
     `Competition in Contracting Act')''.
                                 ______
                                 
  SA 1126. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. The amount appropriated by title III under the 
     heading ``Office of State and Local Government Coordination 
     and Preparedness'' is increased by $1,100,000,000, of which 
     $1,100,000,000 shall be made available for discretionary 
     transportation and infrastructure grants for intercity 
     passenger rail transportation, freight rail, and transit 
     security.
                                 ______
                                 
  SA 1127. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

                           TITLE VI--SEAPORTS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Reducing Crime and 
     Terrorism at America's Seaports Act of 2005''.

     SEC. 602. ENTRY BY FALSE PRETENSES TO ANY SEAPORT.

       (a) In General.--Section 1036 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) any secure or restricted area of any seaport, 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that section; 
     or'';
       (2) in subsection (b)(1), by striking ``5'' and inserting 
     ``10'';
       (3) in subsection (c)(1), by inserting ``, captain of the 
     seaport,'' after ``airport authority''; and
       (4) by striking the section heading and inserting the 
     following:

     ``Sec. 1036. Entry by false pretenses to any real property, 
       vessel, or aircraft of the United States or secure area of 
       any airport or seaport''.

       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18 is amended by striking 
     the matter relating to section 1036 and inserting the 
     following:

``1036. Entry by false pretenses to any real property, vessel, or 
              aircraft of the United States or secure area of any 
              airport or seaport.''.
       (c) Definition of Seaport.--Chapter 1 of title 18, United 
     States Code, is amended by adding at the end the following:

[[Page S8003]]

     ``Sec. 26. Definition of seaport

       ``As used in this title, the term `seaport' means all 
     piers, wharves, docks, and similar structures, adjacent to 
     any waters subject to the jurisdiction of the United States, 
     to which a vessel may be secured, including areas of land, 
     water, or land and water under and in immediate proximity to 
     such structures, buildings on or contiguous to such 
     structures, and the equipment and materials on such 
     structures or in such buildings.''.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 18 is amended by inserting 
     after the matter relating to section 25 the following:

``26. Definition of seaport.''.

     SEC. 603. CRIMINAL SANCTIONS FOR FAILURE TO HEAVE TO, 
                   OBSTRUCTION OF BOARDING, OR PROVIDING FALSE 
                   INFORMATION.

       (a) Offense.--Chapter 109 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 2237. Criminal sanctions for failure to heave to, 
       obstruction of boarding, or providing false information

       ``(a)(1) It shall be unlawful for the master, operator, or 
     person in charge of a vessel of the United States, or a 
     vessel subject to the jurisdiction of the United States, to 
     knowingly fail to obey an order by an authorized Federal law 
     enforcement officer to heave to that vessel.
       ``(2) It shall be unlawful for any person on board a vessel 
     of the United States, or a vessel subject to the jurisdiction 
     of the United States, to--
       ``(A) forcibly resist, oppose, prevent, impede, intimidate, 
     or interfere with a boarding or other law enforcement action 
     authorized by any Federal law or to resist a lawful arrest; 
     or
       ``(B) provide information to a Federal law enforcement 
     officer during a boarding of a vessel regarding the vessel's 
     destination, origin, ownership, registration, nationality, 
     cargo, or crew, which that person knows is materially false.
       ``(b) This section does not limit the authority of a 
     customs officer under section 581 of the Tariff Act of 1930 
     (19 U.S.C. 1581), or any other provision of law enforced or 
     administered by the Secretary of the Treasury or the 
     Secretary of Homeland Security, or the authority of any 
     Federal law enforcement officer under any law of the United 
     States, to order a vessel to stop or heave to.
       ``(c) A foreign nation may consent or waive objection to 
     the enforcement of United States law by the United States 
     under this section by radio, telephone, or similar oral or 
     electronic means. Consent or waiver may be proven by 
     certification of the Secretary of State or the designee of 
     the Secretary of State.
       ``(d) In this section--
       ``(1) the term `Federal law enforcement officer' has the 
     meaning given the term in section 115(c);
       ``(2) the term `heave to' means to cause a vessel to slow, 
     come to a stop, or adjust its course or speed to account for 
     the weather conditions and sea state to facilitate a law 
     enforcement boarding;
       ``(3) the term `vessel subject to the jurisdiction of the 
     United States' has the meaning given the term in section 2 of 
     the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903); 
     and
       ``(4) the term `vessel of the United States' has the 
     meaning given the term in section 2 of the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1903).
       ``(e) Any person who intentionally violates the provisions 
     of this section shall be fined under this title, imprisoned 
     for not more than 5 years, or both.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 109, title 18, United States Code, is 
     amended by inserting after the item for section 2236 the 
     following:

``2237. Criminal sanctions for failure to heave to, obstruction of 
              boarding, or providing false information.''.

     SEC. 604. USE OF A DANGEROUS WEAPON OR EXPLOSIVE ON A 
                   PASSENGER VESSEL.

       Section 1993 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, passenger vessel,'' 
     after ``transportation vehicle'';
       (B) in paragraphs (2)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle''; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider'' each place that term 
     appears;
       (C) in paragraph (3)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle'' each place that term appears; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider'' each place that term 
     appears;
       (D) in paragraph (5)--
       (i) by inserting ``, passenger vessel,'' after 
     ``transportation vehicle''; and
       (ii) by inserting ``or owner of the passenger vessel'' 
     after ``transportation provider''; and
       (E) in paragraph (6), by inserting ``or owner of a 
     passenger vessel'' after ``transportation provider'' each 
     place that term appears;
       (2) in subsection (b)(1), by inserting ``, passenger 
     vessel,'' after ``transportation vehicle''; and
       (3) in subsection (c)--
       (A) by redesignating paragraph (6) through (8) as 
     paragraphs (7) through (9); and
       (B) by inserting after paragraph (5) the following:
       ``(6) the term `passenger vessel' has the meaning given 
     that term in section 2101(22) of title 46, United States 
     Code, and includes a small passenger vessel, as that term is 
     defined under section 2101(35) of that title.''.

     SEC. 605. CRIMINAL SANCTIONS FOR VIOLENCE AGAINST MARITIME 
                   NAVIGATION, PLACEMENT OF DESTRUCTIVE DEVICES, 
                   AND MALICIOUS DUMPING.

       (a) Knowing Discharge or Release.--Chapter 111 of title 18, 
     United States Code, is amended by adding after section 2281 
     the following:

     ``Sec. 2282. Knowing discharge or release

       ``(a) Endangerment of Human Life.--A person who knowingly 
     discharges or releases oil, hazardous material, a noxious 
     liquid substance, or any other dangerous substance into 
     navigable waters or onto the adjoining shoreline with the 
     intent to endanger human life, or health, or welfare shall be 
     fined under this title, imprisoned for any term of years or 
     for life, or both.
       ``(b) Endangerment of Marine Environment.--Any person who 
     knowingly discharges or releases oil, a hazardous material, a 
     noxious liquid substance, or any other dangerous substance 
     into navigable waters or onto the adjacent shoreline with the 
     intent to endanger the marine environment shall be fined 
     under this title, imprisoned not more than 30 years, or both.
       ``(c) Definitions.--In this section:
       ``(1) Discharge.--The term `discharge' includes, but is not 
     limited to, any spilling, leaking, pumping, pouring, 
     emitting, emptying, or dumping.
       ``(2) Hazardous material.--The term `hazardous material' 
     has the meaning given the term in section 2101(14) of title 
     46, United States Code.
       ``(3) Marine environment.--The term `marine environment' 
     has the meaning given the term in section 2101(15) of title 
     46, United States Code.
       ``(4) Navigable waters.--The term `navigable waters' has 
     the meaning given the term in section 1362(7) of title 33, 
     United States Code, and also includes the territorial sea of 
     the United States as described in Presidential Proclamation 
     5928 of December 27, 1988.
       ``(5) Noxious liquid substance.--The term `noxious liquid 
     substance' has the meaning given the term in the MARPOL 
     Protocol defined in section 2(1) of the Act to Prevent 
     Pollution from Ships (33 U.S.C. 1901(a)(3)).
       ``(6) Oil.--The term `oil' has the meaning given the term 
     in section 1321(a)(1) of title 33, United States Code; and
       ``(7) Dangerous substance.--The term `dangerous substance' 
     means any solid, liquid, or gaseous material that has the 
     capacity of endangering human life, health, or welfare.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, is 
     amended by adding at the end the following:

``2282. Knowing discharge or release.''.
       (c) Placement of Destructive Devices.--Chapter 111 of title 
     18, United States Code, as amended by subsection (a), is 
     further amended by adding at the end the following:

     ``Sec. 2282A. Devices or dangerous substances in waters of 
       the united states likely to destroy or damage ships or to 
       interfere with maritime commerce

       ``(a) A person who knowingly places, or causes to be 
     placed, in navigable waters of the United States, by any 
     means, a device or dangerous substance which is likely to 
     destroy or cause damage to a vessel or its cargo, cause 
     interference with the safe navigation of vessels, or 
     interference with maritime commerce (such as by damaging or 
     destroying marine terminals, facilities, or any other marine 
     structure or entity used in maritime commerce) with the 
     intent of causing such destruction or damage, interference 
     with the safe navigation of vessels, or interference with 
     maritime commerce shall be fined under this title, imprisoned 
     for any term of years or for life, or both.
       ``(b) A person who causes the death of any person by 
     engaging in conduct prohibited under subsection (a) may be 
     punished by death.
       ``(c) Nothing in this section shall be construed to apply 
     to otherwise lawfully authorized and conducted activities of 
     the United States Government.
       ``(d) In this section:
       ``(1) The term `dangerous substance' means any solid, 
     liquid, or gaseous material that has the capacity to cause 
     damage to a vessel or its cargo, or cause interference with 
     the safe navigation of a vessel.
       ``(2) The term `device' means any object that, because of 
     its physical, mechanical, structural, or chemical properties, 
     has the capacity to cause damage to a vessel or its cargo, or 
     cause interference with the safe navigation of a vessel.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, as 
     amended by subsection (b), is further amended by adding after 
     the item related to section 2282 the following:

``2282A. Devices or dangerous substances in waters of the United States 
              likely to destroy or damage ships or to interfere with 
              maritime commerce.''.
       (d) Violence Against Maritime Navigation.--
       (1) In general.--Chapter 111 of title 18, United States 
     Code as amended by subsections (a) and (c), is further 
     amended by adding at the end the following:

[[Page S8004]]

     ``Sec. 2282B. Violence against aids to maritime navigation

       ``Whoever intentionally destroys, seriously damages, 
     alters, moves, or tampers with any aid to maritime navigation 
     maintained by the Saint Lawrence Seaway Development 
     Corporation under the authority of section 4 of the Act of 
     May 13, 1954 (33 U.S.C. 984), by the Coast Guard pursuant to 
     section 81 of title 14, United States Code, or lawfully 
     maintained under authority granted by the Coast Guard 
     pursuant to section 83 of title 14, United States Code, if 
     such act endangers or is likely to endanger the safe 
     navigation of a ship, shall be fined under this title, 
     imprisoned for not more than 20 years, or both.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, as 
     amended by subsections (b) and (d) is further amended by 
     adding after the item related to section 2282A the following:

``2282B. Violence against aids to maritime navigation.''.

     SEC. 606. TRANSPORTATION OF DANGEROUS MATERIALS AND 
                   TERRORISTS.

       (a) Transportation of Dangerous Materials and Terrorists.--
     Chapter 111 of title 18, as amended by section 605, is 
     further amended by adding at the end the following:

     ``Sec. 2283. Transportation of explosive, biological, 
       chemical, or radioactive or nuclear materials

       ``(a) In General.--Any person who knowingly and willfully 
     transports aboard any vessel within the United States and on 
     waters subject to the jurisdiction of the United States or 
     any vessel outside the United States and on the high seas or 
     having United States nationality an explosive or incendiary 
     device, biological agent, chemical weapon, or radioactive or 
     nuclear material, knowing that any such item is intended to 
     be used to commit an offense listed under section 
     2332b(g)(5)(B), shall be fined under this title, imprisoned 
     for any term of years or for life, or both.
       ``(b) Causing Death.--Any person who causes the death of 
     any person by engaging in conduct prohibited by subsection 
     (a) may be punished by death.
       ``(c) Definitions.--In this section:
       ``(1) Biological agent.--The term `biological agent' means 
     any biological agent, toxin, or vector (as those terms are 
     defined in section 178).
       ``(2) By-product material.--The term `by-product material' 
     has the meaning given that term in section 11(e) of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2014(e)).
       ``(3) Chemical weapon.--The term `chemical weapon' has the 
     meaning given that term in section 229F(1).
       ``(4) Explosive or incendiary device.--The term `explosive 
     or incendiary device' has the meaning given the term in 
     section 232(5).
       ``(5) Nuclear material.--The term `nuclear material' has 
     the meaning given that term in section 831(f)(1).
       ``(6) Radioactive material.--The term `radioactive 
     material' means--
       ``(A) source material and special nuclear material, but 
     does not include natural or depleted uranium;
       ``(B) nuclear by-product material;
       ``(C) material made radioactive by bombardment in an 
     accelerator; or
       ``(D) all refined isotopes of radium.
       ``(8) Source material.--The term `source material' has the 
     meaning given that term in section 11(z) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2014(z)).
       ``(9) Special nuclear material.--The term `special nuclear 
     material' has the meaning given that term in section 11(aa) 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

     ``Sec. 2284. Transportation of terrorists

       ``(a) In General.--Any person who knowingly and 
     intentionally transports any terrorist aboard any vessel 
     within the United States and on waters subject to the 
     jurisdiction of the United States or any vessel outside the 
     United States and on the high seas or having United States 
     nationality, knowing that the transported person is a 
     terrorist, shall be fined under this title, imprisoned for 
     any term of years or for life, or both.
       ``(b) Defined Term.--In this section, the term `terrorist' 
     means any person who intends to commit, or is avoiding 
     apprehension after having committed, an offense listed under 
     section 2332b(g)(5)(B).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 111 of title 18, United States Code, as 
     amended by section 605, is further amended by adding at the 
     end the following:

``2283. Transportation of explosive, chemical, biological, or 
              radioactive or nuclear materials.
``2284. Transportation of terrorists.''.

     SEC. 607. DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                   MARITIME FACILITIES.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 111 the following:

   ``CHAPTER 111A--DESTRUCTION OF, OR INTERFERENCE WITH, VESSELS OR 
                          MARITIME FACILITIES

``Sec.
``2290. Jurisdiction and scope.
``2291. Destruction of vessel or maritime facility.
``2292. Imparting or conveying false information.
``2293. Bar to prosecution.

     ``Sec. 2290. Jurisdiction and scope

       ``(a) Jurisdiction.--There is jurisdiction over an offense 
     under this chapter if the prohibited activity takes place--
       ``(1) within the United States and within waters subject to 
     the jurisdiction of the United States; or
       ``(2) outside United States and--
       ``(A) an offender or a victim is a national of the United 
     States (as that term is defined under section 101(a)(22) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
       ``(B) the activity involves a vessel in which a national of 
     the United States was on board; or
       ``(C) the activity involves a vessel of the United States 
     (as that term is defined under section 2 of the Maritime Drug 
     Law Enforcement Act (46 U.S.C. App. 1903).
       ``(b) Scope.--Nothing in this chapter shall apply to 
     otherwise lawful activities carried out by or at the 
     direction of the United States Government.

     ``Sec. 2291. Destruction of vessel or maritime facility

       ``(a) Offense.--Whoever willfully--
       ``(1) sets fire to, damages, destroys, disables, or wrecks 
     any vessel;
       ``(2) places or causes to be placed a destructive device, 
     as defined in section 921(a)(4), or destructive substance, as 
     defined in section 31(a)(3), in, upon, or near, or otherwise 
     makes or causes to be made unworkable or unusable or 
     hazardous to work or use, any vessel, or any part or other 
     materials used or intended to be used in connection with the 
     operation of a vessel;
       ``(3) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or near, 
     any maritime facility, including any aid to navigation, lock, 
     canal, or vessel traffic service facility or equipment;
       ``(4) interferes by force or violence with the operation of 
     any maritime facility, including any aid to navigation, lock, 
     canal, or vessel traffic service facility or equipment, if 
     such action is likely to endanger the safety of any vessel in 
     navigation;
       ``(5) sets fire to, damages, destroys, or disables or 
     places a destructive device or substance in, upon, or near, 
     any appliance, structure, property, machine, or apparatus, or 
     any facility or other material used, or intended to be used, 
     in connection with the operation, maintenance, loading, 
     unloading, or storage of any vessel or any passenger or cargo 
     carried or intended to be carried on any vessel;
       ``(6) performs an act of violence against or incapacitates 
     any individual on any vessel, if such act of violence or 
     incapacitation is likely to endanger the safety of the vessel 
     or those on board;
       ``(7) performs an act of violence against a person that 
     causes or is likely to cause serious bodily injury, as 
     defined in section 1365(h)(3), in, upon, or near, any 
     appliance, structure, property, machine, or apparatus, or any 
     facility or other material used, or intended to be used, in 
     connection with the operation, maintenance, loading, 
     unloading, or storage of any vessel or any passenger or cargo 
     carried or intended to be carried on any vessel;
       ``(8) communicates information, knowing the information to 
     be false and under circumstances in which such information 
     may reasonably be believed, thereby endangering the safety of 
     any vessel in navigation; or
       ``(9) attempts or conspires to do anything prohibited under 
     paragraphs (1) through (8),
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Limitation.--Subsection (a) shall not apply to any 
     person that is engaging in otherwise lawful activity, such as 
     normal repair and salvage activities, and the transportation 
     of hazardous materials regulated and allowed to be 
     transported under chapter 51 of title 49.
       ``(c) Penalty.--Whoever is fined or imprisoned under 
     subsection (a) as a result of an act involving a vessel that, 
     at the time of the violation, carried high-level radioactive 
     waste (as that term is defined in section 2(12) of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)) or 
     spent nuclear fuel (as that term is defined in section 2(23) 
     of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 
     10101(23)), shall be fined under this title, imprisoned for a 
     term up to life, or both.
       ``(d) Penalty When Death Results.--Whoever is convicted of 
     any crime prohibited by subsection (a) and intended to cause 
     death by the prohibited conduct, if the conduct resulted in 
     the death of any person, shall be subject also to the death 
     penalty or to a term of imprisonment for a period up to life.
       ``(e) Threats.--Whoever willfully imparts or conveys any 
     threat to do an act which would violate this chapter, with an 
     apparent determination and will to carry the threat into 
     execution, shall be fined under this title, imprisoned not 
     more than 5 years, or both, and is liable for all costs 
     incurred as a result of such threat.

     ``Sec. 2292. Imparting or conveying false information

       ``(a) In General.--Whoever imparts or conveys or causes to 
     be imparted or conveyed false information, knowing the 
     information to be false, concerning an attempt or alleged 
     attempt being made or to be made, to do any act that would be 
     a crime prohibited by this chapter or by chapter 111 of this 
     title, shall be subject to a civil penalty of not more than 
     $5,000, which shall be recoverable in a civil action brought 
     in the name of the United States.

[[Page S8005]]

       ``(b) Malicious Conduct.--Whoever willfully and 
     maliciously, or with reckless disregard for the safety of 
     human life, imparts or conveys or causes to be imparted or 
     conveyed false information, knowing the information to be 
     false, concerning an attempt or alleged attempt to do any act 
     which would be a crime prohibited by this chapter or by 
     chapter 111 of this title, shall be fined under this title, 
     imprisoned not more than 5 years, or both.
       ``(c) Jurisdiction.--
       ``(1) In general.--Except as provided under paragraph (2), 
     section 2290(a) shall not apply to any offense under this 
     section.
       ``(2) Jurisdiction.--Jurisdiction over an offense under 
     this section shall be determined in accordance with the 
     provisions applicable to the crime prohibited by this 
     chapter, or by chapter 111 of this title, to which the 
     imparted or conveyed false information relates, as 
     applicable.

     ``Sec. 2293. Bar to prosecution

       ``(a) In general.--It is a bar to prosecution under this 
     chapter if--
       ``(1) the conduct in question occurred within the United 
     States in relation to a labor dispute, and such conduct is 
     prohibited as a felony under the law of the State in which it 
     was committed; or
       ``(2) such conduct is prohibited as a misdemeanor, and not 
     as a felony, under the law of the State in which it was 
     committed.
       ``(b) Definitions.--In this section:
       ``(1) Labor dispute.--The term `labor dispute' has the same 
     meaning given that term in section 13(c) of the Act to amend 
     the Judicial Code and to define and limit the jurisdiction of 
     courts sitting in equity, and for other purposes (29 U.S.C. 
     113(c), commonly known as the Norris-LaGuardia Act).
       ``(2) State.--The term `State' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States.''.
       (c) Technical and Conforming Amendment.--The table of 
     chapters at the beginning of title 18, United States Code, is 
     amended by inserting after the item for chapter 111 the 
     following:

``111A. Destruction of, or interference with, vessels or maritime 
    facilities..................................................2290''.

     SEC. 608. THEFT OF INTERSTATE OR FOREIGN SHIPMENTS OR 
                   VESSELS.

       (a) Theft of Interstate or Foreign Shipments.--Section 659 
     of title 18, United States Code, is amended--
       (1) in the first undesignated paragraph--
       (A) by inserting ``trailer,'' after ``motortruck,'';
       (B) by inserting ``air cargo container,'' after 
     ``aircraft,''; and
       (C) by inserting ``, or from any intermodal container, 
     trailer, container freight station, warehouse, or freight 
     consolidation facility,'' after ``air navigation facility'';
       (2) in the fifth undesignated paragraph, by striking ``one 
     year'' and inserting ``3 years''; and
       (3) by inserting after the first sentence in the eighth 
     undesignated paragraph the following: ``For purposes of this 
     section, goods and chattel shall be construed to be moving as 
     an interstate or foreign shipment at all points between the 
     point of origin and the final destination (as evidenced by 
     the waybill or other shipping document of the shipment), 
     regardless of any temporary stop while awaiting transshipment 
     or otherwise.''.
       (b) Stolen Vessels.--
       (1) In general.--Section 2311 of title 18, United States 
     Code, is amended by adding at the end the following:
       `` `Vessel' means any watercraft or other contrivance used 
     or designed for transportation or navigation on, under, or 
     immediately above, water.''.
       (2) Transportation and sale of stolen vessels.--
       (A) Transportation.--Section 2312 of title 18, United 
     States Code, is amended by striking ``motor vehicle or 
     aircraft'' and inserting ``motor vehicle, vessel, or 
     aircraft''.
       (B) Sale.--Section 2313(a) of title 18, United States Code, 
     is amended by striking ``motor vehicle or aircraft'' and 
     inserting ``motor vehicle, vessel, or aircraft''.
       (c) Review of Sentencing Guidelines.--Pursuant to section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall review the Federal Sentencing 
     Guidelines to determine whether sentencing enhancement is 
     appropriate for any offense under section 659 or 2311 of 
     title 18, United States Code, as amended by this Act.
       (d) Annual Report of Law Enforcement Activities.--The 
     Attorney General shall annually submit to Congress a report, 
     which shall include an evaluation of law enforcement 
     activities relating to the investigation and prosecution of 
     offenses under section 659 of title 18, United States Code, 
     as amended by this Act.
       (e) Reporting of Cargo Theft.--The Attorney General shall 
     take the steps necessary to ensure that reports of cargo 
     theft collected by Federal, State, and local officials are 
     reflected as a separate category in the Uniform Crime 
     Reporting System, or any successor system, by no later than 
     December 31, 2005.

     SEC. 609. INCREASED PENALTIES FOR NONCOMPLIANCE WITH MANIFEST 
                   REQUIREMENTS.

       (a) Reporting, Entry, Clearance Requirements.--Section 
     436(b) of the Tariff Act of 1930 (19 U.S.C. 1436(b)) is 
     amended by--
       (1) striking ``or aircraft pilot'' and inserting ``aircraft 
     pilot, operator, owner of such vessel, vehicle or aircraft, 
     or any other responsible party'';
       (2) striking ``$5,000'' and inserting ``$10,000''; and
       (3) striking ``$10,000'' and inserting ``$25,000''.
       (b) Criminal Penalty.--Section 436(c) of the Tariff Act of 
     1930 (19 U.S.C. 1436(c)) is amended--
       (1) by striking ``or aircraft pilot'' and inserting 
     ``aircraft pilot, operator, owner of such vessel, vehicle, or 
     aircraft, or any other responsible party''; and
       (2) by striking ``$2,000'' and inserting ``$10,000''.
       (c) Falsity or Lack of Manifest.--Section 584(a)(1) of the 
     Tariff Act of 1930 (19 U.S.C. 1584(a)(1)) is amended by 
     striking ``$1,000'' in each place it occurs and inserting 
     ``$10,000''.

     SEC. 610. STOWAWAYS ON VESSELS OR AIRCRAFT.

       Section 2199 of title 18, United States Code, is amended by 
     striking ``Shall be fined under this title or imprisoned not 
     more than one year, or both.'' and inserting the following:
       ``(1) shall be fined under this title, imprisoned not more 
     than 5 years, or both;
       ``(2) if the person commits an act proscribed by this 
     section, with the intent to commit serious bodily injury, and 
     serious bodily injury occurs (as defined under section 1365, 
     including any conduct that, if the conduct occurred in the 
     special maritime and territorial jurisdiction of the United 
     States, would violate section 2241 or 2242) to any person 
     other than a participant as a result of a violation of this 
     section, shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(3) if an individual commits an act proscribed by this 
     section, with the intent to cause death, and if the death of 
     any person other than a participant occurs as a result of a 
     violation of this section, shall be fined under this title, 
     imprisoned for any number of years or for life, or both.''.

     SEC. 611. BRIBERY AFFECTING PORT SECURITY.

       (a) In General.--Chapter 11 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 226. Bribery affecting port security

       ``(a) In General.--Whoever knowingly--
       ``(1) directly or indirectly, corruptly gives, offers, or 
     promises anything of value to any public or private person, 
     with intent to commit international terrorism or domestic 
     terrorism (as those terms are defined under section 2331), 
     to--
       ``(A) influence any action or any person to commit or aid 
     in committing, or collude in, or allow, any fraud, or make 
     opportunity for the commission of any fraud affecting any 
     secure or restricted area or seaport; or
       ``(B) induce any official or person to do or omit to do any 
     act in violation of the lawful duty of such official or 
     person that affects any secure or restricted area or seaport; 
     or
       ``(2) directly or indirectly, corruptly demands, seeks, 
     receives, accepts, or agrees to receive or accept anything of 
     value personally or for any other person or entity in return 
     for--
       ``(A) being influenced in the performance of any official 
     act affecting any secure or restricted area or seaport; and
       ``(B) knowing that such influence will be used to commit, 
     or plan to commit, international or domestic terrorism,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Definition.--In this section, the term `secure or 
     restricted area' means an area of a vessel or facility 
     designated as secure in an approved security plan, as 
     required under section 70103 of title 46, United States Code, 
     and the rules and regulations promulgated under that 
     section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 11 of title 18, United States Code, is 
     amended by adding at the end the following:

``226. Bribery affecting port security.''.
                                 ______
                                 
  SA 1128. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. The amount appropriated by title III under the 
     heading ``Office of State and Local Government Coordination 
     and Preparedness'' is increased by $495,000,000, of which 
     $495,000,000 shall be made available for discretionary 
     transportation and infrastructure grants for intercity 
     passenger rail transportation, freight rail, and transit 
     security.
                                 ______
                                 
  SA 1129. Mr. REID (for Ms. Murray (for herself, Mr. Byrd, Mr. Akaka, 
and Mr. Kerry)) proposed an amendment to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; as follows:

       At the appropriate place, insert the following:

[[Page S8006]]

     SECTION 1. VETERANS HEALTH ADMINISTRATION.

       (a) In General.--From any money in the Treasury not 
     otherwise obligated or appropriated, there are appropriated 
     to the Department of Veterans Affairs $1,500,000,000 for the 
     fiscal year ending September 30, 2005, for medical services 
     provided by the Veterans Health Administration, which shall 
     remain available until expended.
       (b) Emergency Designation.--The amount appropriated under 
     subsection (a) is designated as an emergency requirement 
     pursuant to (section 402 of H. Con. Res. 95 (109th Congress).
       (c) This section shall take effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 1130. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. HOMELAND SECURITY ASSISTANCE.

       It is the sense of the Senate that the Senate agrees with 
     the recommendation of the Final Report of the National 
     Commission on Terrorist Attacks Upon the United States 
     (commonly known as the ``9/11 Report''), which includes the 
     following: ``Homeland security assistance should be based 
     strictly on an assessment of risks and vulnerabilities. . . . 
     [F]ederal homeland security assistance should not remain a 
     program for general revenue sharing. It should supplement 
     state and local resources based on the risks or 
     vulnerabilities that merit additional support.''.
                                 ______
                                 
  SA 1131. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. RISK-BASED HOMELAND SECURITY FUNDING.

       (a) Short Title.--This section may be cited as the ``Risk-
     Based Homeland Security Funding Act''.
       (b) Findings.--Congress agrees with the recommendation of 
     the Final Report of the National Commission on Terrorist 
     Attacks Upon the United States (commonly known as the ``9/11 
     Report''), which includes the following: ``Homeland security 
     assistance should be based strictly on an assessment of risks 
     and vulnerabilities. . . . [F]ederal homeland security 
     assistance should not remain a program for general revenue 
     sharing. It should supplement state and local resources based 
     on the risks or vulnerabilities that merit additional 
     support.''.
       (c) Risk-based Homeland Security Grant Funding.--
       (1) Criteria for awarding homeland security grants.--Except 
     for grants awarded under any of the programs listed under 
     subsection d(2), all homeland security grants related to 
     terrorism prevention and terrorism preparedness shall be 
     awarded based strictly on an assessment of risk, threat, and 
     vulnerabilities, as determined by the Secretary of Homeland 
     Security.
       (2) Limitation.--Except for grants awarded under any of the 
     programs listed under subsection d(2), none of the funds 
     appropriated for Homeland Security grants related to 
     terrorism prevention and terrorism preparedness may be used 
     for general revenue sharing.
       (3) Conforming amendment.--Section 1014(c)(3) of the USA 
     PATRIOT ACT (42 U.S.C. 3714(c)(3)) is repealed.
       (d) Preservation of Pre-9/11 Grant Programs for Traditional 
     First Responder Missions.--
       (1) Savings provision.--This section shall not be construed 
     to affect any authority to award grants under a Federal grant 
     program listed under paragraph (2), which existed on 
     September 10, 2001, to enhance traditional missions of State 
     and local law enforcement, firefighters, ports, emergency 
     medical services, or public health missions.
       (2) Programs excluded.--The programs referred to in 
     paragraph (1) are the following:
       (A) The Firefighter Assistance Program authorized under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229).
       (B) The Emergency Management Performance Grant Program and 
     the Urban Search and Rescue Grant Program authorized under--
       (i) title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.);
       (ii) the Departments of Veterans Affairs and Housing and 
     Urban Development, and Independent Agencies Appropriations 
     Act, 2000 (Public Law 1060974; 113 Stat. 1047 et seq.); and
       (iii) the Earthquake Hazards Reduction Act of 1977 (42 
     U.S.C. 7701 et seq.).
       (C) The Edward Byrne Memorial State and Local Law 
     Enforcement Assistance Programs authorized under part E of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3750 et seq.).
       (D) The Public Safety and Community Policing (COPS ON THE 
     BEAT) Grant Program authorized under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.).
       (E) Grant programs under the Public Health Service Act (42 
     U.S.C. 201 et seq.) regarding preparedness for bioterrorism 
     and other public health emergencies.
       (F) The Emergency Response Assistance Program authorized 
     under section 1412 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2312).
                                 ______
                                 
  SA 1132. Mr. LAUTENBERG (for himself and Mr. Corzine) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. RISK-BASED HOMELAND SECURITY FUNDING.

       Notwithstanding any other provision of law (including any 
     provision of title III of this Act), all homeland security 
     grants related to terrorism prevention and terrorism 
     preparedness shall be allocated based on an assessment of 
     risks, threats, and vulnerabilities.
                                 ______
                                 
  SA 1133. Mr. GREGG proposed an amendment to the bill H.R. 2360, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 81, line 22, strike ``For necessary'' down through 
     and including on line 4, page 82, and insert the following:
       ``For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $615,000,000, of which $500,000,000 shall be 
     available to carry out section 33 (15 U.S.C. 2229) an 
     $115,000,000 shall be available to carry out section 34 (15 
     U.S.C. 2229a) of such Act, to remain available until 
     September 30, 2007: Provided, That not to exceed 5 percent of 
     this amount shall be available for program administration.''
                                 ______
                                 
  SA 1134. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

               TITLE __--SCREENING MUNICIPAL SOLID WASTE

     SEC. __. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL 
                   SOLID WASTE TRANSPORTED INTO THE UNITED STATES.

       (a) Definition.--In this section, the term ``municipal 
     solid waste'' includes sludge (as defined in section 1004 of 
     the Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this section, the Bureau of Customs and 
     Border Protection shall submit a report to Congress that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for such 
     materials in other items of commerce entering into the United 
     States by commercial motor vehicle transport; and
       (2) if the methodologies and technologies used to screen 
     solid waste are less effective than those used to screen 
     other commercial items, identifies the actions that the 
     Bureau will take to achieve the same level of effectiveness 
     in the screening of solid waste, including the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the Bureau of 
     Customs and Border Protection fails to fully implement the 
     actions described in subsection (b)(2) before the earlier of 
     6 months after the date on which the report is due under 
     subsection (b) or 6 months after the date on which such 
     report is submitted, the Secretary shall deny entry into the 
     United States of any commercial motor vehicle (as defined in 
     section 31101(1) of title 49, United States Code) carrying 
     municipal solid waste until the Secretary certifies to 
     Congress that the methodologies and technologies used by the 
     Bureau to screen for and detect the presence of chemical, 
     nuclear, biological, and radiological weapons in such waste 
     are as effective as the methodologies and technologies used 
     by the Bureau to screen for such materials in other items of 
     commerce entering into the United States by commercial motor 
     vehicle transport.
                                 ______
                                 
  SA 1135. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year

[[Page S8007]]

ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a)(1) There is established in the Department of 
     Homeland Security an International Border Community 
     Interoperable Communications Demonstration Project (referred 
     to in this section as ``demonstration project'') to address 
     the interoperable communications needs of police officers, 
     firefighters, emergency medical technicians, National Guard, 
     and other emergency response providers, as defined in the 
     Homeland Security Act of 2002.
       (2) The Secretary of Homeland Security shall select no 
     fewer than 4 communities to participate in a demonstration 
     project.
       (3) No fewer than 2 of the communities selected under 
     paragraph (2) shall be located on the northern border of the 
     United States and no few than 2 of the communities selected 
     under paragraph (2) shall be located on the southern border 
     of the United States. The Secretary shall select sites along 
     the international borders that reflect a variety of 
     conditions, including at least one site with at least 
     8,000,000 border crossings per year, commercial activity of 
     at least $50,000,000,000 per year, and critical 
     infrastructure, such as bridges, railways, pipelines, and 
     water resources.
       (b)(1) The Secretary of Homeland Security shall distribute 
     funds under this section to each community participating in a 
     demonstration project under this section through the State or 
     States in which each community is located.
       (2) A State receiving funds under this section shall make 
     the funds available to the local governments and emergency 
     response providers participating in a demonstration project 
     selected by the Secretary of Homeland Security not later than 
     60 days after receiving funds.
       (c) Not later than December 31, 2005, and each year 
     thereafter in which funds are appropriated for a 
     demonstration project, the Secretary of Homeland Security 
     shall provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the demonstration projects under this section.
       (d)(1)) Of the amounts appropriated by this Act, 
     $10,000,000 shall be for necessary expenses to carry out this 
     section.
       (2) The amount appropriated by title IV under the heading 
     ``research, development, acquisition, and operations'' is 
     hereby reduced by $10,000,000.
                                 ______
                                 
  SA 1136. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Availability of Amount for Grand Forks Air 
     Wing Base, North Dakota.--Of the amount appropriated by title 
     II of this Act under the heading ``BORDER AND TRANSPORTATION 
     SECURITY'' under the heading ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'' and available for 
     the Northern border airwings, $2,000,000 may be available for 
     the Grand Forks Air Wing Base, North Dakota.
       (b) Report on Establishment of Air Wing Base.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security shall submit to Congress a 
     report on the establishment of Grand Forks Air Wing Base as 
     part of the Northern border airwing system. The report shall 
     set forth an estimate of the cost of establishment of the 
     Grand Forks Air Wing Base, together with a proposed schedule 
     for completion of the Grand Forks Air Wing Base.
                                 ______
                                 
  SA 1137. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 78, line 12, strike the period at the end and 
     insert the following: ``: Provided further, That funds made 
     available under this paragraph may be used for overtime costs 
     associated with providing enhanced law enforcement operations 
     in support of Federal agencies for increased border security 
     and border crossing enforcement.''.
                                 ______
                                 
  SA 1138. Mr. COLEMAN (for himself, Mr. Levin, Mr. Wyden, and Mr. 
Akaka) submitted an amendment intended to be proposed by him to the 
bill H.R. 2360, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. PAYMENTS TO FEDERAL CONTRACTORS WITH FEDERAL TAX 
                   DEBT.

       The General Services Administration, in conjunction with 
     the Internal Revenue Service and the Financial Management 
     Service, shall develop procedures to subject purchase card 
     payments to Federal contractors to the Federal Payment Levy 
     program.

     SEC. 520. REPORTING OF AIR TRAVEL BY FEDERAL GOVERNMENT 
                   EMPLOYEES.

       (a) Annual Reports Required.--The Administrator of the 
     General Services shall submit annually to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Government Reform of the House of 
     Representatives a report on all first class and business 
     class travel by employees of each executive agency undertaken 
     at the expense of the Federal Government.
       (b) Content.--The reports submitted pursuant to subsection 
     (a) shall include, at a minimum, with respect to each travel 
     by first class or business class--
       (1) the names of each traveler;
       (2) the date of travel;
       (3) the points of origination and destination;
       (4) the cost of the first class or business class travel; 
     and
       (5) the cost difference between such travel and travel by 
     coach class.
       (c) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given such term in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403).
                                 ______
                                 
  SA 1139. Mr. SESSIONS (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 56, line 19, strike ``$124,620,000'' and insert 
     ``$123,620,000''.
       At the appropriate place, insert the following:
       Sec. __.(a) There are appropriated, out of any money in the 
     Treasury not otherwise appropriated, for the Directorate of 
     Border and Transportation Security for the fiscal year ending 
     September 30, 2006, $1,000,000 for entering information into 
     the Immigration Violators File of the National Crime 
     Information Center database about immigration violators, 
     including all aliens--
       (1) against whom a final order of removal has been issued;
       (2) who have signed a voluntary departure agreement;
       (3) who have overstayed their authorized period of stay; or
       (4) whose visas have been revoked.
       (b) The information described in subsection (a) shall be 
     provided to the National Crime Information Center and entered 
     into the Immigration Violators File regardless of whether--
       (1) the alien received notice of a final order of removal;
       (2) the alien has already been removed; or
       (3) sufficient identifying information is available 
     regarding the alien.
                                 ______
                                 
  SA 1140. Mr. SESSIONS (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 56, strike line 19 and insert the following: ``as 
     authorized by law, $113,139,000: Provided, That not to''.
       On page 57, line 1, strike ``$146,322,000'' and insert 
     ``$116,803,000''.
       At the appropriate place, insert the following:

     SEC. __. TRAINING STATE AND LOCAL PERSONNEL TO PERFORM 
                   IMMIGRATION FUNCTIONS.

       (a) In General.--There are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Department of Homeland Security for the fiscal year ending 
     September 30, 2006, $40,000,000, of which--
       (1) $20,000,000 may be used to facilitate agreements under 
     287(g) of the Immigration and Nationality Act (8 U.S.C. 
     1357(g)); and
       (2) $20,000,000 may be used to reimburse States and 
     political subdivisions of any State for expenses described in 
     subsection (c).
       (b) Eligible Recipients.--Reimbursement under subsection 
     (a)(2) is limited to States and political subdivisions of any 
     State that--
       (1) have entered into a written agreement under section 
     287(g) of such Act under which certain officers or employers 
     are authorized to perform certain functions of an immigration 
     officer; and
       (2) desire that such officers or employees receive training 
     from the Department of Homeland Security in relation to such 
     functions.
       (c) Expense.--The expenses described in this subsection are 
     the actual and necessary expenses incurred by the State or 
     political subdivision in support of the training described in 
     subsection (b)(2), including--
       (1) costs related to travel and transportation to locations 
     where training is provided, including mileage and related 
     allowances for the use of a privately owned automobile;
       (2) subsistence payments, including lodging, meals, and 
     other necessary expenses for

[[Page S8008]]

     the personal sustenance and comfort of a person required to 
     travel away from the person's regular post of duty in order 
     to participate in the training;
       (3) a per diem allowance paid instead of actual expenses 
     for subsistence and fees or tips to porters and stewards; and
       (4) costs of securing temporary replacements or personnel 
     traveling to, and participating in, the training, including 
     overtime expenses.

                                 ______
                                 
  SA 1141. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

   TITLE __--PROTECTION OF RAILROAD CARRIERS AND MASS TRANSPORTATION

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Railroad Carriers and Mass 
     Transportation Protection Act of 2005''.

     SEC. _02. ATTACKS AGAINST RAILROAD CARRIERS, PASSENGER 
                   VESSELS, AND MASS TRANSPORTATION SYSTEMS.

       (a) In General.--Chapter 97 of title 18, United States 
     Code, is amended by striking sections 1992 and 1993 and 
     inserting the following:

     ``Sec. 11992. Terrorist attacks and other violence against 
       railroad carriers, passenger vessels, and against mass 
       transportation systems on land, on water, or through the 
       air

       ``(a) General Prohibitions.--Whoever, in a circumstance 
     described in subsection (c), knowingly--
       ``(1) wrecks, derails, sets fire to, or disables railroad 
     on-track equipment, a passenger vessel, or a mass 
     transportation vehicle;
       ``(2) with intent to endanger the safety of any passenger 
     or employee of a railroad carrier, passenger vessel, or mass 
     transportation provider, or with a reckless disregard for the 
     safety of human life, and without previously obtaining the 
     permission of the railroad carrier, mass transportation 
     provider, or owner of the passenger vessel--
       ``(A) places any biological agent or toxin, destructive 
     substance, or destructive device in, upon, or near railroad 
     on-track equipment, a passenger vessel, or a mass 
     transportation vehicle; or
       ``(B) releases a hazardous material or a biological agent 
     or toxin on or near the property of a railroad carrier, owner 
     of a passenger vessel, or mass transportation provider;
       ``(3) sets fire to, undermines, makes unworkable, unusable, 
     or hazardous to work on or use, or places any biological 
     agent or toxin, destructive substance, or destructive device 
     in, upon, or near any--
       ``(A) tunnel, bridge, viaduct, trestle, track, 
     electromagnetic guideway, signal, station, depot, warehouse, 
     terminal, or any other way, structure, property, or 
     appurtenance used in the operation of, or in support of the 
     operation of, a railroad carrier, without previously 
     obtaining the permission of the railroad carrier, and with 
     intent to, or knowing or having reason to know such activity 
     would likely, derail, disable, or wreck railroad on-track 
     equipment;
       ``(B) garage, terminal, structure, track, electromagnetic 
     guideway, supply, or facility used in the operation of, or in 
     support of the operation of, a mass transportation vehicle, 
     without previously obtaining the permission of the mass 
     transportation provider, and with intent to, or knowing or 
     having reason to know such activity would likely, derail, 
     disable, or wreck a mass transportation vehicle used, 
     operated, or employed by a mass transportation provider; or
       ``(C) structure, supply, or facility used in the operation 
     of, or in the support of the operation of, a passenger 
     vessel, without previously obtaining the permission of the 
     owner of the passenger vessel, and with intent to, or knowing 
     or having reason to know that such activity would likely 
     disable or wreck a passenger vessel;
       ``(4) removes an appurtenance from, damages, or otherwise 
     impairs the operation of a railroad signal system or mass 
     transportation signal or dispatching system, including a 
     train control system, centralized dispatching system, or 
     highway-railroad grade crossing warning signal, without 
     authorization from the rail carrier or mass transportation 
     provider;
       ``(5) with intent to endanger the safety of any passenger 
     or employee of a railroad carrier, owner of a passenger 
     vessel, or mass transportation provider or with a reckless 
     disregard for the safety of human life, interferes with, 
     disables, or incapacitates any dispatcher, driver, captain, 
     locomotive engineer, railroad conductor, or other person 
     while the person is employed in dispatching, operating, or 
     maintaining railroad on-track equipment, a passenger vessel, 
     or a mass transportation vehicle;
       ``(6) engages in conduct, including the use of a dangerous 
     weapon, with the intent to cause death or serious bodily 
     injury to any person who is on the property of a railroad 
     carrier, owner of a passenger vessel, or mass transportation 
     provider that is used for railroad or mass transportation 
     purposes;
       ``(7) conveys false information, knowing the information to 
     be false, concerning an attempt or alleged attempt that was 
     made, is being made, or is to be made, to engage in a 
     violation of this subsection; or
       ``(8) attempts, threatens, or conspires to engage in any 
     violation of any of paragraphs (1) through (7),

     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Aggravated offense.--(1) Whoever commits an offense 
     under subsection (a) in a circumstance in which--
       ``(A) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a passenger or 
     employee at the time of the offense;
       ``(B) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying high-level 
     radioactive waste or spent nuclear fuel at the time of the 
     offense;
       ``(C) the railroad on-track equipment, passenger vessel, or 
     mass transportation vehicle was carrying a hazardous material 
     at the time of the offense that--
       ``(i) was required to be placarded under subpart F of part 
     172 of title 49, Code of Federal Regulations; and
       ``(ii) is identified as class number 3, 4, 5, 6.1, or 8 and 
     packing group I or packing group II, or class number 1, 2, or 
     7 under the hazardous materials table of section 172.101 of 
     title 49, Code of Federal Regulations; or
       ``(D) the offense results in the death of any person,

     shall be fined under this title, imprisoned for any term of 
     years or life, or both.
       ``(2) The term of imprisonment for a violation described in 
     paragraph (1)(B) shall be not less than 30 years.
       ``(3) In the case of a violation described in paragraph 
     (1)(D), the offender shall be fined under this title and 
     imprisoned for a term of years up to life or sentenced to 
     death, in accordance with section 3591 of title 18, United 
     States Code.
       ``(c) Circumstances Required for Offense.--A circumstance 
     described in this subsection is any of the following:
       ``(1) Any of the conduct required for the offense is, or, 
     in the case of an attempt, threat, or conspiracy to engage in 
     conduct, the conduct required for the completed offense would 
     be, engaged in, on, against, or affecting a mass 
     transportation provider, owner of a passenger vessel, or 
     railroad carrier engaged in or affecting interstate or 
     foreign commerce.
       ``(2) Any person who travels or communicates across a State 
     line in order to commit the offense, or transports materials 
     across a State line in aid of the commission of the offense.
       ``(d) Nonapplicability.--Subsection (a) does not apply to 
     the conduct with respect to a destructive substance or 
     destructive device that is also classified under chapter 51 
     of title 49 as a hazardous material in commerce if the 
     conduct--
       ``(1) complies with chapter 51 of title 49 and regulations, 
     exemptions, approvals, and orders issued under that chapter; 
     or
       ``(2) constitutes a violation, other than a criminal 
     violation, of chapter 51 of title 49 or a regulation or order 
     issued under that chapter.
       ``(e) Definitions.--In this section--
       ``(1) the term `biological agent' has the meaning given the 
     term in section 178(1);
       ``(2) the term `dangerous weapon' means a weapon, device, 
     instrument, material, or substance, animate or inanimate, 
     that is used for, or is readily capable of, causing death or 
     serious bodily injury, including a pocket knife with a blade 
     of less than 2\1/2\ inches in length and a box cutter;
       ``(3) the term `destructive device' has the meaning given 
     the term in section 921(a)(4);
       ``(4) the term `destructive substance' means an explosive 
     substance, flammable material, infernal machine, or other 
     chemical, mechanical, or radioactive device or material, or 
     matter of a combustible, contaminative, corrosive, or 
     explosive nature, except that the term `radioactive device' 
     does not include any radioactive device or material used 
     solely for medical, industrial, research, or other peaceful 
     purposes;
       ``(5) the term `hazardous material' has the meaning given 
     the term in section 5102(2) of title 49;
       ``(6) the term `high-level radioactive waste' has the 
     meaning given the term in section 2(12) of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10101(12));
       ``(7) the term `mass transportation' has the meaning given 
     the term in section 5302(a)(7) of title 49, except that the 
     term includes school bus, charter, and sightseeing 
     transportation;
       ``(8) the term `on-track equipment' means a carriage or 
     other contrivance that runs on rails or electromagnetic 
     guideways;
       ``(9) the term `passenger vessel' has the meaning given the 
     term in section 2101(22) of title 46, United States Code, and 
     includes a small passenger vessel (as defined under section 
     2101(35) of that title);
       ``(10) the term `railroad on-track equipment' means a 
     train, locomotive, tender, motor unit, freight or passenger 
     car, or other on-track equipment used, operated, or employed 
     by a railroad carrier;
       ``(11) the term `railroad' has the meaning given the term 
     in section 20102(1) of title 49;
       ``(12) the term `railroad carrier' has the meaning given 
     the term in section 20102(2) of title 49;
       ``(13) the term `serious bodily injury' has the meaning 
     given the term in section 1365(h)(3);
       ``(14) the term `spent nuclear fuel' has the meaning given 
     the term in section 2(23) of

[[Page S8009]]

     the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23));
       ``(15) the term `State' has the meaning given the term in 
     section 2266(8);
       ``(16) the term `toxin' has the meaning given the term in 
     section 178(2); and
       ``(17) the term `vehicle' means any carriage or other 
     contrivance used, or capable of being used, as a means of 
     transportation on land, on water, or through the air.''.
       (b) Conforming Amendments.--
       (1) Table of sections.--The table of sections at the 
     beginning of chapter 97 of title 18, United States Code, is 
     amended--
       (A) by striking ``RAILROADS'' in the chapter heading and 
     inserting ``RAILROAD CARRIERS AND MASS TRANSPORTATION SYSTEMS 
     ON LAND, ON WATER, OR THROUGH THE AIR'';
       (B) by striking the items relating to sections 1992 and 
     1993; and
       (C) by inserting after the item relating to section 1991 
     the following:

``1992. Terrorist attacks and other violence against railroad carriers, 
              passenger vessels, and against mass transportation 
              systems on land, on water, or through the air.''.
       (2) Table of chapters.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by striking the item relating to chapter 97 and 
     inserting the following:

``97. Railroad carriers and mass transportation systems on land, on 
  water, or through the air.....................................1991''.

       (3) Conforming amendments.--Title 18, United States Code, 
     is amended--
       (A) in section 2332b(g)(5)(B)(i), by striking ``1992 
     (relating to wrecking trains), 1993 (relating to terrorist 
     attacks and other acts of violence against mass 
     transportation systems),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),'';
       (B) in section 2339A, by striking ``1993,''; and
       (C) in section 2516(1)(c) by striking ``1992 (relating to 
     wrecking trains),'' and inserting ``1992 (relating to 
     terrorist attacks and other acts of violence against railroad 
     carriers and against mass transportation systems on land, on 
     water, or through the air),''.
                                 ______
                                 
  SA 1142. Ms. COLLINS (for herself, Mr. Lieberman, Mr. DeWine, Mr. 
Coburn, Mr. Akaka, Mr. Carper, Mr. Salazar, Mr. Coleman, Mr. Voinovich, 
Mr. Reed, Mr. Bingaman, and Mr. Harkin) proposed an amendment to the 
bill H.R. 2360, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       At the end of the bill, add the following:

             TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Homeland Security Grant 
     Enhancement Act of 2005''.

     SEC. 602. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE 
                   HOMELAND SECURITY GRANT PROGRAMS.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 361 et seq.) is amended by inserting after 
     section 801 the following:

     ``SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND 
                   STREAMLINE HOMELAND SECURITY GRANT PROGRAMS.

       ``(a) Establishment.--
       ``(1) In general.--Consistent with section 871, the 
     Secretary, in coordination with the Attorney General, the 
     Secretary of Health and Human Services, the Secretary of 
     Transportation, the Administrator of the Environmental 
     Protection Agency, and other agencies providing assistance 
     for emergency response provider preparedness, as identified 
     by the President, shall establish the Interagency Committee 
     to Coordinate and Streamline Homeland Security Grant Programs 
     (referred to in this subtitle as the `Interagency 
     Committee').
       ``(2) Composition.--The Interagency Committee shall be 
     composed of--
       ``(A) at least 2 representatives of the Department, 
     including a representative of the United States Fire 
     Administration;
       ``(B) a representative of the Department of Health and 
     Human Services;
       ``(C) a representative of the Department of Transportation;
       ``(D) a representative of the Department of Justice;
       ``(E) a representative of the Environmental Protection 
     Agency;
       ``(F) at least 2 State Governors, or their designees, or 
     other local or tribal officials; and
       ``(G) a representative of any other department or agency 
     determined to be necessary by the President.
       ``(3) Responsibilities.--The Interagency Committee shall--
       ``(A) provide any findings to the Information Clearinghouse 
     established under section 801(c);
       ``(B) consult with State and local governments and 
     emergency response providers regarding their homeland 
     security needs and capabilities;
       ``(C) advise the Secretary on the development of 
     performance measures for homeland security and other first 
     responder assistance programs;
       ``(D) compile a list of homeland security and other first 
     responder assistance programs;
       ``(E) not later than 1 year after the date of enactment of 
     the Homeland Security Grant Enhancement Act of 2005--
       ``(i) develop a proposal to coordinate, to the maximum 
     extent practicable, the planning, reporting, application, and 
     other guidance documents contained in homeland security 
     assistance programs to--

       ``(I) eliminate all redundant and duplicative requirements 
     and onerous application and ongoing reporting requirements;
       ``(II) ensure accountability of the programs to the 
     intended purposes of such programs;
       ``(III) coordinate expenditures of grant funds to avoid 
     duplicative or inconsistent purchases; and
       ``(IV) make the programs as user friendly as possible for 
     applicants, including reducing lapsed time between grant 
     applications, decisions and payments, easing fund matching 
     requirements, and improving application guidance; and

       ``(ii) submit the proposal developed under clause (i) to--

       ``(I) the President;
       ``(II) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(III) the Committee on Homeland Security of the House of 
     Representatives; and

       ``(F) otherwise promote the coordination of homeland 
     security grant programs throughout the Federal government.
       ``(b) Administration.--The Department shall provide 
     administrative support to the Interagency Committee, which 
     shall include--
       ``(1) scheduling meetings;
       ``(2) preparing agenda;
       ``(3) maintaining minutes and records; and
       ``(4) producing reports.
       ``(c) Chairperson.--The Secretary shall designate a 
     chairperson of the Interagency Committee.
       ``(d) Meetings.--The Interagency Committee shall meet--
       ``(1) at the call of the Secretary; or
       ``(2) not less frequently than once every month.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents for the Homeland Security Act of 2002 (6 U.S.C. 101 
     et seq.) is amended by inserting after the item relating to 
     section 801 the following:

``Sec. 802. Interagency Committee to Coordinate and Streamline Homeland 
              Security Grant Programs.''.

     SEC. 603. STREAMLINING FEDERAL HOMELAND SECURITY GRANT 
                   ADMINISTRATION.

       (a) Director of State and Local Government Coordination and 
     Preparedness.--Section 801(a) of the Homeland Security Act of 
     2002 (6 U.S.C. 361(a)) is amended to read as follows:
       ``(a) Establishment.--
       ``(1) In general.--There is established within the Office 
     of the Secretary the Office for State and Local Government 
     Coordination and Preparedness, which shall oversee and 
     coordinate departmental programs for, and relationships with, 
     State and local governments.
       ``(2) Executive director.--The Office established under 
     paragraph (1) shall be headed by the Executive Director of 
     State and Local Government Coordination and Preparedness, who 
     shall be appointed by the President, by and with the advice 
     and consent of the Senate.''.
       (b) Office for Domestic Preparedness.--The Homeland 
     Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
       (1) by redesignating section 430 as section 803 and 
     transferring that section to the end of subtitle A of title 
     VIII, as amended by section 602; and
       (2) in section 803, as redesignated by paragraph (1)--
       (A) in subsection (a), by striking ``the Directorate of 
     Border and Transportation Security'' and inserting ``the 
     Office for State and Local Government Coordination and 
     Preparedness'';
       (B) in subsection (b), by striking ``who shall be appointed 
     by the President'' and all that follows and inserting ``who 
     shall report directly to the Executive Director of State and 
     Local Government Coordination and Preparedness.''; and
       (C) in subsection (c)--
       (i) in paragraph (7)--

       (I) by striking ``other'' and inserting ``the''; and
       (II) by striking ``consistent with the mission and 
     functions of the Directorate'';

       (ii) in paragraph (8)--

       (I) by inserting ``carrying out'' before ``those 
     elements''; and
       (II) by striking ``and'' at the end;

       (iii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(10) managing the Homeland Security Information 
     Clearinghouse established under section 801(c).''.
       (c) Technical and Conforming Amendments.--
       (1) Table of contents.--The table of contents for the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended--
       (A) by striking the item relating to section 430;
       (B) by amending the item relating to section 801 to read as 
     follows:

``Sec. 801. Office of State and Local Government Coordination and 
              Preparedness.'';

     and

[[Page S8010]]

       (C) by inserting after the item relating to section 802, as 
     added by this title, the following:

``Sec. 803. Office for Domestic Preparedness.''.

       (2) Section heading.--Section 801 of the Homeland Security 
     Act of 2002 (6 U.S.C. 361) is amended by striking the section 
     heading and inserting the following:

     ``SEC. 801. OFFICE OF STATE AND LOCAL GOVERNMENT COORDINATION 
                   AND PREPAREDNESS.''.

       (d) Establishment of Homeland Security Information 
     Clearinghouse.--Section 801 of the Homeland Security Act of 
     2002 (6 U.S.C. 361), as amended by subsection (a), is further 
     amended by adding at the end the following:
       ``(c) Homeland Security Information Clearinghouse.--
       ``(1) Establishment.--There is established within the 
     Office for State and Local Government Coordination and 
     Preparedness a Homeland Security Information Clearinghouse 
     (referred to in this section as the `Clearinghouse'), which 
     shall assist States, local governments, and emergency 
     response providers in accordance with paragraphs (2) through 
     (6).
       ``(2) Homeland security grant information.--The 
     Clearinghouse shall create a new website or enhance an 
     existing website, establish a toll-free number, and produce a 
     single publication that each contain information regarding 
     the homeland security grant programs administered by the 
     Department.
       ``(3) Technical assistance.--The Clearinghouse, in 
     consultation with the Interagency Committee established under 
     section 802, shall provide information regarding technical 
     assistance provided by any Federal agency to States and local 
     governments relating to homeland security matters, including 
     templates for conducting threat analyses and vulnerability 
     assessments.
       ``(4) Best practices.--The Clearinghouse shall work with 
     States, local governments, emergency response providers, the 
     National Domestic Preparedness Consortium, the National 
     Memorial Institute for the Prevention of Terrorism, and 
     private organizations to gather, validate, and disseminate 
     information regarding successful State and local homeland 
     security programs and practices.
       ``(5) Use of federal funds.--The Clearinghouse shall 
     compile information regarding equipment, training, and other 
     services that can be purchased with Federal funds provided 
     under homeland security grant programs and make such 
     information, and information regarding voluntary standards of 
     training, equipment, and exercises, available to States, 
     local governments, and emergency response providers.
       ``(6) Other information.--The Clearinghouse shall provide 
     States, local governments, and emergency response providers 
     with any other information that the Secretary determines 
     necessary.''.

     SEC. 604. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND 
                   THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding at the end the 
     following:

 ``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
                 BASED HOMELAND SECURITY GRANT PROGRAM

     ``SEC. 1801. DEFINITIONS.

       ``In this title, the following definitions shall apply:
       ``(1) Directly eligible tribe.--The term `directly eligible 
     tribe' means--
       ``(A) any Indian tribe, as that term is defined in section 
     4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)), that--
       ``(i) is located in the continental United States;
       ``(ii) operates a law enforcement or emergency response 
     agency with the capacity to respond to calls for law 
     enforcement or emergency services;
       ``(iii) is located--

       ``(I) on, or within 10 miles of, an international border or 
     a coastline bordering an ocean or international waters;
       ``(II) within 5 miles of critical infrastructure or having 
     critical infrastructure within its territory; or
       ``(III) within or contiguous to 1 of the 50 largest 
     metropolitan statistical areas in the United States; and

       ``(iv) certifies to the Secretary that a State or eligible 
     metropolitan region is not making funds distributed under 
     this title available to the Indian tribe or consortium of 
     Indian tribes for the purpose for which the Indian tribe or 
     consortium of Indian tribes is seeking grant funds; and
       ``(B) a consortium of Indian tribes if each tribe satisfies 
     the requirements of subparagraph (A).
       ``(2) Eligible metropolitan region.--The term `eligible 
     metropolitan region' means the following:
       ``(A) In general.--A combination of 2 or more incorporated 
     municipalities, counties, parishes, or Indian tribes within a 
     metropolitan region that includes the city in that 
     metropolitan region with the largest population. Such 
     eligible metropolitan region may include additional local 
     governments outside the metropolitan region that are likely 
     to be affected by, or be called upon to respond to, a 
     terrorist attack or other catastrophic event within the 
     metropolitan region.
       ``(B) Other combinations.--Any other combination of 
     contiguous local governments that are formally certified by 
     the Secretary as an eligible metropolitan region for purposes 
     of this title with the consent of the State or States in 
     which such local governments are located.
       ``(3) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, and respond to threatened 
     or actual domestic terrorist attacks and other catastrophic 
     events.
       ``(4) Indian tribe.--The term `Indian tribe' means an 
     entity described under section 2(10)(B).
       ``(5) Metropolitan region.--The term `metropolitan region' 
     means--
       ``(A) any of the 100 largest metropolitan statistical areas 
     in the United States, as defined by the Office of Management 
     and Budget; or
       ``(B) any combined statistical area, as defined by the 
     Office of Management and Budget, of which any metropolitan 
     statistical area covered by subparagraph (A) is a part.
       ``(6) Population.--The term `population' means population 
     according to the most recent United States census population 
     estimates available at the start of the relevant fiscal year.
       ``(7) Population density.--The term `population density' 
     means population divided by land area in square miles.
       ``(8) Sliding scale baseline allocation.--The term `sliding 
     scale baseline allocation' means 0.001 multiplied by the sum 
     of--
       ``(A) the value of a State's population relative to that of 
     the most populous of the 50 States of the United States, 
     where the population of such States has been normalized to a 
     maximum value of 100; and
       ``(B) one-fourth of the value of a State's population 
     density relative to that of the most densely populated of the 
     50 States of the United States, where the population density 
     of such States has been normalized to a maximum value of 100.
       ``(9) Threat-based homeland security grant program.--The 
     term `Threat-Based Homeland Security Grant Program' means the 
     program established under section 1804.

     ``SEC. 1802. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR 
                   TRADITIONAL FIRST RESPONDER MISSIONS.

       ``(a) In General.--This title shall not be construed to 
     affect any authority to award grants under any Federal grant 
     program listed under subsection (b), which existed on 
     September 10, 2001, to enhance traditional missions of State 
     and local law enforcement, firefighters, ports, emergency 
     medical services, or public health missions.
       ``(b) Programs Not Affected.--The programs referred to in 
     subsection (a) are the following:
       ``(1) The Firefighter Assistance Program authorized under 
     section 33 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2229) and programs under section 34 of that 
     Act (15 U.S.C. 2229a).
       ``(2) All grant programs authorized under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), including the Emergency Management 
     Performance Grant Program and the Urban Search and Rescue 
     Grant program.
       ``(3) The Justice Assistance Grants authorized under part E 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3750 et seq.) (commonly known as the 
     Edward Byrne Memorial State and Local Law Enforcement 
     Assistance Programs).
       ``(4) The Public Safety and Community Policing (COPS ON THE 
     BEAT) Grant Program authorized under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.).
       ``(5) Grant programs under the Public Health Service Act 
     regarding preparedness for bioterrorism and other public 
     health emergencies and the Emergency Response Assistance 
     Program authorized under section 1412 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2312).

     ``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.

       ``(a) Establishment of Essential Capabilities.--
       ``(1) In general.--Building upon the national preparedness 
     guidance issued by the Secretary, the Secretary shall 
     establish clearly defined essential capabilities for State 
     and local governments, in consultation with--
       ``(A) the Task Force on Essential Capabilities for First 
     Responders established under subsection (d);
       ``(B) the Under Secretaries for Emergency Preparedness and 
     Response (including representatives of the United States Fire 
     Administration), Border and Transportation Security, 
     Information Analysis and Infrastructure Protection, and 
     Science and Technology, and the Executive Director of the 
     Office for State and Local Government Coordination and 
     Preparedness;
       ``(C) the Secretary of Health and Human Services;
       ``(D) other appropriate Federal agencies;
       ``(E) State and local emergency response providers;
       ``(F) State and local officials; and
       ``(G) consensus-based standard making organizations 
     responsible for setting standards relevant to the first 
     responder community.
       ``(2) Deadlines.--The Secretary shall--
       ``(A) establish essential capabilities under paragraph (1) 
     within 30 days after receipt of the first report under 
     subsection (d)(3); and

[[Page S8011]]

       ``(B) regularly update such essential capabilities as 
     necessary, but not less than every 3 years.
       ``(3) Provision of essential capabilities.--The Secretary 
     shall ensure that a detailed description of the essential 
     capabilities established under paragraph (1) is provided 
     promptly to the States and to Congress. The States shall make 
     the description of the essential capabilities available as 
     appropriate to local governments within their jurisdictions.
       ``(b) Objectives.--The Secretary shall ensure that 
     essential capabilities established under subsection (a)(1) 
     meet the following objectives:
       ``(1) Specificity.--The determination of essential 
     capabilities shall describe specifically the training, 
     planning, personnel, and equipment that different types of 
     communities in the Nation should possess, or to which they 
     should have access, in order to meet the Department's goals 
     for preparedness based upon--
       ``(A) the national preparedness goal, the target 
     capabilities list, and the national preparedness guidance;
       ``(B) the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States;
       ``(C) the risks faced by different types of communities, 
     including communities of various sizes, geographies, and 
     other distinguishing characteristics; and
       ``(D) the principles of regional coordination and mutual 
     aid among State and local governments.
       ``(2) Flexibility.--The establishment of essential 
     capabilities shall be sufficiently flexible to allow State 
     and local government officials to set priorities based on 
     local or regional needs, while reaching nationally determined 
     preparedness levels within a specified time period.
       ``(3) Measurability.--The establishment of essential 
     capabilities shall be designed to enable measurement of 
     progress toward specific terrorism preparedness goals.
       ``(4) Comprehensiveness.--The determination of essential 
     capabilities shall be made within the context of a 
     comprehensive State emergency management system.
       ``(c) Factors To Be Considered.--In establishing essential 
     capabilities for different types of communities under 
     subsection (a)(1), the Secretary specifically shall consider 
     the variables of threat, vulnerability, and consequences with 
     respect to population (including transient commuting and 
     tourist populations), areas of high population density, 
     critical infrastructure, coastline, and international 
     borders. Such consideration shall be based upon the most 
     current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection of the 
     threats of terrorism against the United States and the needs 
     described in the national preparedness guidance and the 
     target capabilities list.
       ``(d) Task Force on Essential Capabilities for First 
     Responders.--
       ``(1) Establishment.--
       ``(A) In general.--To assist the Secretary in establishing 
     essential capabilities under subsection (a)(1), the Secretary 
     shall establish an advisory body under section 871(a) not 
     later than 60 days after the date of enactment of this 
     section, which shall be known as the Task Force on Essential 
     Capabilities for First Responders.
       ``(B) Termination.--Notwithstanding section 871(b), the 
     Task Force shall terminate 5 years after the date of its 
     establishment, unless the Secretary makes a written 
     determination to extend the Task Force to a specified date, 
     which shall not be more than 5 years after the date on which 
     such determination is made. The Secretary may make any number 
     of subsequent extensions consistent with this subsection.
       ``(2) Public comment.--Not later than 90 days after the 
     date of enactment of this section, the Task Force shall 
     solicit comment on the establishment of essential 
     capabilities for State and local government preparedness.
       ``(3) Report.--
       ``(A) In general.--Not later than 9 months after the 
     establishment of the Task Force by the Secretary, and every 3 
     years thereafter, the Task Force shall submit to the 
     Secretary a report on its recommendations for essential 
     capabilities for preparedness for terrorism.
       ``(B) Contents.--Each report shall--
       ``(i) provide a thorough assessment of the national 
     preparedness guidance and target capabilities list and 
     recommendations for revisions;
       ``(ii) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to Congress 
     on determining the appropriate allocation of, and funding 
     levels for, first responder needs;
       ``(iii) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain; and
       ``(iv) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment.
       ``(C) Comprehensiveness.--The Task Force shall ensure that, 
     when recommending essential capabilities for terrorism 
     preparedness, such recommendations are made within the 
     context of a comprehensive State emergency management system.
       ``(4) Membership.--
       ``(A) In general.--The Task Force shall consist of 25 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic and substantive cross 
     section of first responder disciplines from the State and 
     local government levels, including as appropriate--
       ``(i) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel;
       ``(ii) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(iii) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representatives from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(iv) State and local officials with expertise in 
     terrorism preparedness and other emergency preparedness.
       ``(B) Coordination with the department of health and human 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate the selection 
     with the Secretary of Health and Human Services.
       ``(C) Ex officio members.--The Secretary shall designate 1 
     or more officers of the Department to serve as ex officio 
     members of the Task Force. One of the ex officio members from 
     the Department shall be the designated officer of the Federal 
     Government for purposes of subsection (e) of section 10 of 
     the Federal Advisory Committee Act (5 U.S.C. App.).
       ``(5) Applicability of federal advisory committee act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of the Federal Advisory Committee 
     Act, and section 552b(c) of title 5, United States Code, 
     shall apply to the Task Force.

     ``SEC. 1804. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--There is established the Threat-Based 
     Homeland Security Grant Program, which includes--
       ``(A) formula-based grants for State and local programs 
     administered by the Office of State and Local Government 
     Coordination and Preparedness, including the State Homeland 
     Security Grant Program, and the Law Enforcement Terrorism 
     Prevention Program under section 1014 of the USA PATRIOT ACT 
     (42 U.S.C. 3714);
       ``(B) discretionary grants for State and local programs 
     administered by the Office of State and Local Government 
     Coordination and Preparedness for use in high-threat, high-
     density urban areas, including the Urban Area Security 
     Initiative Program; and
       ``(C) any successor program to any program described in 
     subparagraph (A) or (B).
       ``(2) Grants authorized.--The Secretary may award grants to 
     States and eligible metropolitan regions under the Threat-
     Based Homeland Security Grant Program to enhance homeland 
     security.
       ``(3) Relationship to other laws.--The Threat-Based 
     Homeland Security Grant Program shall be deemed to satisfy 
     the requirements of section 1014 of the USA PATRIOT ACT (42 
     U.S.C. 3714). The allocation of grants authorized under this 
     section shall be governed by the terms of this section and 
     not by any other provision of law.
       ``(b) Use of Funds.--
       ``(1) In general.--Grants awarded under this section--
       ``(A) shall be used to address homeland security matters 
     related to acts of terrorism or catastrophic events, related 
     capacity building, or otherwise addressing shortfalls in 
     essential capabilities; and
       ``(B) shall not be used to supplant ongoing emergency 
     response expenses or general protective measures.
       ``(2) Allowable uses.--Grants awarded under this section 
     may be used to achieve essential capabilities through--
       ``(A) developing State or regional plans or risk 
     assessments (including the development of the homeland 
     security plan under subsection (e)) to respond to terrorist 
     attacks or other catastrophic events and community wide plans 
     for responding to terrorist or catastrophic events that are 
     coordinated with the capacities of applicable Federal, State, 
     and local governments, emergency response providers, and 
     State and local government health agencies;
       ``(B) developing State, regional, or local mutual aid 
     agreements;
       ``(C) purchasing, upgrading, storing, or maintaining 
     equipment based on State and local needs as identified under 
     a State homeland security plan, consistent with essential 
     capability needs;
       ``(D) conducting exercises to strengthen emergency 
     preparedness of State and local first responders including 
     law enforcement, firefighting personnel, and emergency 
     medical service workers, and other emergency responders 
     identified in a State homeland security plan;
       ``(E) paying for expenses relating to--

[[Page S8012]]

       ``(i) overtime regarding training activities consistent 
     with the goals outlined in a State homeland security plan; 
     and
       ``(ii) as determined by the Secretary, overtime activities 
     relating to an increase in the threat level under the 
     Homeland Security Advisory System;
       ``(F) promoting training relating to homeland security 
     preparedness including--
       ``(i) emergency preparedness responses to a use or 
     threatened use of a weapon of mass destruction; and
       ``(ii) training in the use of equipment, including 
     detection, monitoring, and decontamination equipment, and 
     personal protective gear;
       ``(G) conducting any activity permitted under the Law 
     Enforcement Terrorism Prevention Grant Program under section 
     1014 of the USA PATRIOT ACT (42 U.S.C. 3714); and
       ``(H) any other activity relating to achieving essential 
     capabilities approved by the Secretary.
       ``(3) Prohibited uses.--Grants awarded under this section 
     may not be used to construct buildings or other physical 
     facilities, except those described in section 611 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5196) and approved by the Secretary in the 
     homeland security plan certified under subsection (e), or to 
     acquire land.
       ``(c) Equipment Standards.--If an applicant for a grant 
     under this section proposes to upgrade or purchase, with 
     assistance provided under the grant, new equipment or systems 
     that do not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary under 
     section 1807(a), the applicant shall include in the 
     application an explanation of why such equipment or systems 
     will serve the needs of the applicant better than equipment 
     or systems that meet or exceed such standards.
       ``(d) Application.--
       ``(1) States.--
       ``(A) Submission.--A State may apply for a grant under this 
     section by submitting to the Secretary an application 
     detailing how requested funds would be used to achieve 
     essential capabilities and containing such other information 
     the Secretary may reasonably require.
       ``(B) Revisions.--A State may revise a homeland security 
     plan certified under subsection (e) at the time an 
     application is submitted under subparagraph (A) after 
     receiving approval from the Secretary.
       ``(C) Approval.--The Secretary shall not award a grant 
     under this section unless--
       ``(i) the State submitting the application has previously 
     submitted a homeland security plan meeting the requirements 
     of subsection (e); and
       ``(ii) the Secretary finds that the report submitted by the 
     recipient under subsection (g) demonstrates significant 
     progress toward achieving essential capabilities and meeting 
     the goals in the homeland security plan of the State.
       ``(D) Release of funds.--The Secretary shall release grant 
     funds to States with approved plans after the approval of an 
     application submitted under this paragraph.
       ``(2) Eligible metropolitan regions.--
       ``(A) Submission.--An eligible metropolitan region may 
     apply for a grant under this section by submitting an 
     application through the Governor of each State within which 
     any part of the relevant metropolitan region is located.
       ``(B) Contents.--An application under this paragraph shall 
     include--
       ``(i) a description of how requested funds would be used to 
     achieve essential capabilities;
       ``(ii) an explanation of how the proposed use of funds 
     would be consistent with the homeland security plans of all 
     relevant States;
       ``(iii) a geographic description of the eligible 
     metropolitan region, including a list of all local 
     governments participating in the application;
       ``(iv) an explanation of how the applicant intends to 
     expend funds under the grant, to administer such funds, and 
     to allocate such funds among the participating local 
     governments;
       ``(v) if not all of the incorporated municipalities, 
     counties, parishes, or Indian tribes in a metropolitan region 
     are participating in the application, or if additional local 
     governments outside the metropolitan region are 
     participating, an explanation of why the eligible 
     metropolitan region, as constituted, is an appropriate unit 
     to receive grants to prevent, prepare for, and respond to 
     acts of terrorism and other catastrophic events; and
       ``(vi) such other information the Secretary may reasonably 
     require.
       ``(C) State review and submission.--
       ``(i) In general.--To ensure consistency with State 
     homeland security plans, an eligible metropolitan region or a 
     directly eligible tribe applying for a grant under this 
     paragraph shall submit its application to each State within 
     which any part of the eligible metropolitan region or 
     directly eligible tribe is located for review before 
     submission of such application to the Secretary.
       ``(ii) Deadline.--Not later than 30 days after receiving an 
     application from an eligible metropolitan region or directly 
     eligible tribe, each such State shall transmit the 
     application to the Secretary.
       ``(iii) State disagreement.--If the Governor of any such 
     State determines that a regional or tribal application is 
     inconsistent with the State homeland security plan of that 
     State, or otherwise does not support the application, the 
     Governor shall--

       ``(I) notify the Secretary, in writing, of that fact; and
       ``(II) provide an explanation of the reasons for not 
     supporting the application at the time of transmission of the 
     application.

       ``(e) Homeland Security Plan.--
       ``(1) In general.--A State applying for a grant under this 
     section shall have a 3-year State homeland security plan 
     (referred to in this subsection as the `plan') to respond to 
     terrorist attacks and other catastrophic events that has been 
     approved by the Secretary.
       ``(2) Contents.--The plan shall contain--
       ``(A) a 3-year strategy to--
       ``(i) ensure that the funds allocated to local governments 
     are used exclusively to meet the needs and capabilities 
     described under paragraph (3)(C);
       ``(ii) provide for interoperable communications;
       ``(iii) provide for local coordination of response and 
     recovery efforts, including procedures for effective incident 
     command in conformance with the National Incident Management 
     System;
       ``(iv) ensure that first responders and other emergency 
     personnel have adequate training and appropriate equipment 
     for the threats that may occur;
       ``(v) provide for improved coordination and collaboration 
     among law enforcement, fire, and public health authorities at 
     Federal, State, local, and tribal government levels;
       ``(vi) coordinate emergency response and public health 
     plans;
       ``(vii) mitigate risks to critical infrastructure that may 
     be vulnerable to terrorist attacks;
       ``(viii) promote regional coordination among contiguous 
     local governments;
       ``(ix) identify necessary protective measures by private 
     owners of critical infrastructure;
       ``(x) promote orderly evacuation procedures when necessary;
       ``(xi) ensure support from the public health community for 
     measures needed to prevent, detect, and treat bioterrorism, 
     and radiological and chemical incidents;
       ``(xii) increase the number of local jurisdictions 
     participating in local and statewide exercises; and
       ``(xiii) meet preparedness goals as determined by the 
     Secretary;
       ``(B) objective measures for assessing the extent to which 
     the goals and objectives set forth in paragraph (A) have been 
     achieved;
       ``(C) priorities for the allocation of funding to local 
     governments based on the risk, capabilities, and needs 
     described under paragraph (3)(C); and
       ``(D) a report from the relevant advisory committee 
     established under paragraph (3)(D) that documents the areas 
     of support, disagreement, or recommended changes to the plan 
     before its submission to the Secretary.
       ``(3) Development process.--
       ``(A) In general.--In preparing the plan under this 
     section, a State shall--
       ``(i) provide for the consideration of all homeland 
     security needs;
       ``(ii) follow a process that is continuing, inclusive, 
     cooperative, and comprehensive, as appropriate; and
       ``(iii) coordinate the development of the plan with the 
     homeland security planning activities of local governments.
       ``(B) Coordination with local planning activities.--The 
     coordination under subparagraph (A)(iii) shall contain input 
     from local stakeholders, including--
       ``(i) local officials, including representatives of rural, 
     high-population, and high-threat jurisdictions and of Indian 
     tribes;
       ``(ii) emergency response providers; and
       ``(iii) private sector companies that own or operate 
     critical infrastructure.
       ``(C) Scope of planning.--Each State preparing a plan under 
     this section shall, in conjunction with the local 
     stakeholders under subparagraph (B), address all the 
     information requested by the Secretary, and complete a 
     comprehensive assessment of--
       ``(i) risk, including a--

       ``(I) vulnerability and consequence assessment;
       ``(II) threat assessment; and
       ``(III) public health assessment, in coordination with the 
     State bioterrorism plan; and

       ``(ii) capabilities and needs, consistent with the 
     essential capabilities established by the Secretary, 
     including--

       ``(I) an evaluation of current preparedness, mitigation, 
     and response capabilities based on such assessment mechanisms 
     as shall be determined by the Secretary;
       ``(II) an evaluation of capabilities needed to address the 
     risks described under clause (i); and
       ``(III) an assessment of the shortfall between the 
     capabilities described under subclause (I) and the required 
     capabilities described under subclause (II).

       ``(D) Advisory committee.--
       ``(i) In general.--Each State preparing a plan under this 
     section shall establish an advisory committee to receive 
     comments from the public and the local stakeholders 
     identified under subparagraph (B).
       ``(ii) Composition.--

       ``(I) In general.--The Advisory Committee shall include--

       ``(aa) local officials; and
       ``(bb) emergency response providers, which shall include 
     representatives of the fire service, law enforcement, 
     emergency medical response, and emergency managers.

       ``(II) Geographic representation.--The members of the 
     Advisory Committee shall be a representative group of 
     individuals from

[[Page S8013]]

     the counties, cities, towns, and Indian tribes within the 
     State, including representatives of rural, high-population, 
     and high-threat jurisdictions.

       ``(4) Plan approval.--The Secretary shall approve a plan 
     upon finding that the plan meets the requirements of--
       ``(A) paragraphs (2) and (3); and
       ``(B) any other criteria the Secretary determines necessary 
     to the approval of a State plan.
       ``(5) Review of advisory committee report.--The Secretary 
     shall review the recommendations of the advisory committee 
     report incorporated into a plan under subsection (e)(2)(D), 
     including any dissenting views submitted by advisory 
     committee members, to ensure cooperation and coordination 
     between State and local government jurisdictions in planning 
     for the use of grant funds under this section.
       ``(f) Allocation.--
       ``(1) Sliding scale baseline distribution.--
       ``(A) States.--Each State whose application is approved 
     under subsection (d) shall receive, for each fiscal year, the 
     greater of--
       ``(i) 0.55 percent of the amounts appropriated for the 
     Threat-Based Homeland Security Grant Program; or
       ``(ii) the State's sliding scale baseline allocation of 
     28.62 percent of the amounts appropriated for the Threat-
     Based Homeland Security Grant Program.
       ``(B) Other entities.--Notwithstanding subparagraph (A)--
       ``(i) the District of Columbia shall receive for each 
     fiscal year 0.55 percent of the amounts appropriated for the 
     Threat-Based Homeland Security Grant Program;
       ``(ii) the Commonwealth of Puerto Rico shall receive for 
     each fiscal year 0.35 percent of the amounts appropriated for 
     the Threat-Based Homeland Security Grant Program;
       ``(iii) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands shall each 
     receive 0.055 percent of the amounts appropriated for the 
     Threat-Based Homeland Security Grant Program; and
       ``(iv) no possession of the United States shall receive a 
     baseline distribution under subparagraph (A).
       ``(2) Urban area security initiative distribution.--
       ``(A) Distribution.--After the distribution under paragraph 
     (1), the Secretary may allocate up to 50 percent of the funds 
     remaining to provide grants to eligible metropolitan regions 
     and directly eligible tribes.
       ``(B) Criteria.--
       ``(i) In general.--The Secretary shall allocate the grants 
     under this paragraph to assist eligible metropolitan regions 
     and directly eligible tribes to achieve essential 
     capabilities to effectively prevent, prepare for, and respond 
     to acts of terrorism or other catastrophic events.
       ``(ii) Prioritization.--In prioritizing among the 
     applications of eligible metropolitan regions and directly 
     eligible tribes for such funds, the Secretary shall consider 
     the relative threat, vulnerability, and consequences faced by 
     an eligible metropolitan region or directly eligible tribe 
     from a terrorist attack, including consideration of--

       ``(I) whether there has been a prior terrorist attack in 
     the eligible metropolitan region or in the area in which the 
     directly eligible tribe is located;
       ``(II) whether any part of the eligible metropolitan region 
     or the area in which the directly eligible tribe is located 
     has ever had a higher threat level under the Homeland 
     Security Advisory System than the threat level for the United 
     States as a whole;
       ``(III) the population of the eligible metropolitan region 
     or directly eligible tribe, except that the Secretary shall 
     not establish a minimum population requirement that would 
     disqualify from consideration a locality that otherwise faces 
     significant threats, vulnerabilities, or consequences from 
     acts of terrorism;
       ``(IV) the population density of the eligible metropolitan 
     region or the area in which the directly eligible tribe is 
     located;
       ``(V) the degree of threat, vulnerability, and consequence 
     to the eligible metropolitan region or directly eligible 
     tribe related to critical infrastructure or key assets 
     identified by the Secretary or State homeland security plan, 
     including threats, vulnerabilities, and consequences from 
     critical infrastructure in nearby jurisdictions;
       ``(VI) whether the eligible metropolitan region or the area 
     in which the directly eligible tribe is located is at or near 
     an international border;
       ``(VII) whether the eligible metropolitan region or the 
     area in which the directly eligible tribe is located has a 
     coastline bordering ocean or international waters;
       ``(VIII) threats, vulnerabilities, and consequences faced 
     by the eligible metropolitan region or directly eligible 
     tribe related to at-risk sites or activities in nearby 
     jurisdictions, including the need to respond to terrorist 
     attacks arising in those jurisdictions;
       ``(IX) the extent to which the eligible metropolitan region 
     or directly eligible tribe has unmet essential capabilities;
       ``(X) the extent to which the application of the eligible 
     metropolitan region includes all incorporated municipalities, 
     counties, parishes, and Indian tribes within the relevant 
     metropolitan region; and
       ``(XI) such other factors as are specified in writing by 
     the Secretary.

       ``(C) Distribution of awards to metropolitan regions.--
       ``(i) In general.--If the Secretary approves the 
     application of an eligible metropolitan region for a grant 
     under this section, the Secretary shall distribute the 
     regional grant funds to the State or States in which the 
     eligible metropolitan region is located.
       ``(ii) State distribution of funds.--Each State shall 
     provide the eligible metropolitan region not less than 80 
     percent of the grant funds. Any funds retained by a State 
     shall be expended on items or services approved by the 
     Secretary and that benefit the eligible metropolitan region.
       ``(iii) Multistate regions.--If parts of an eligible 
     metropolitan region awarded a grant are located in 2 or more 
     States, the Secretary shall distribute to each such State a 
     portion of the grant funds in proportion to that State's 
     share of the population of the eligible metropolitan region, 
     unless the Governors of each State (or in the case of the 
     District of Columbia, the Mayor) agree otherwise.
       ``(D) Directly eligible tribes.--
       ``(i) In general.--Notwithstanding subsection (a)(2), the 
     Secretary may award grants to directly eligible tribes under 
     the Threat-Based Homeland Security Grant Program as part of 
     the Urban Area Security Initiative Distribution.
       ``(ii) Tribal applications.--A directly eligible tribe may 
     apply for a grant under this section by submitting an 
     application to the Secretary that includes the information 
     required for an application by an eligible region under 
     clauses (i), (ii), (iii), (iv), and (vi) of subsection 
     (d)(2)(B).
       ``(iii) Distribution of awards to directly eligible 
     tribes.--If the Secretary approves the application of a 
     directly eligible tribe for a grant under this section, the 
     Secretary shall distribute the grant funds directly to the 
     directly eligible tribe. The funds shall not be distributed 
     to the State or States in which the directly eligible tribe 
     is located.
       ``(iv) Tribal liaison.--A directly eligible tribe applying 
     for a grant under this section shall designate a specific 
     individual to serve as the tribal liaison who shall--

       ``(I) coordinate with Federal, State, local, regional, and 
     private officials concerning terrorism preparedness;
       ``(II) develop a process for receiving input from Federal, 
     State, local, regional, and private officials to assist in 
     the development of the application of such tribe and to 
     improve the tribe's access to grants; and
       ``(III) administer, in consultation with State, local, 
     regional, and private officials, grants awarded to such 
     tribe.

       ``(v) Tribes receiving direct grants.--An Indian tribe that 
     receives a grant directly under this section is eligible to 
     receive funds for other purposes under a grant from the State 
     or States within the boundaries of which any part of such 
     tribe is located, consistent with the homeland security plan 
     of the State, as described in subsection (e).
       ``(E) Rule of construction.--Nothing in this section shall 
     be construed to affect the existing authority of an Indian 
     tribe that receives funds under this section.
       ``(3) Threat-based distribution to states.--
       ``(A) In general.--After the distribution of funds under 
     paragraphs (1) and (2), the Secretary shall, from the 
     remaining funds for the Threat-Based Homeland Security Grant 
     Program, distribute amounts to each State to assist that 
     State in achieving essential capabilities to effectively 
     prevent, prepare for, and respond to acts of terrorism and 
     other catastrophic events.
       ``(B) Prioritization.--In prioritizing among State 
     applications for such funds, the Secretary shall--
       ``(i) consider the relative threat, vulnerability, and 
     consequences faced by a State from a terrorist attack, 
     including consideration of--

       ``(I) whether there has been a prior terrorist attack in a 
     metropolitan region that is wholly or partly in the State, or 
     in the State itself;
       ``(II) whether any part of the State has ever had a higher 
     threat level under the Homeland Security Advisory System than 
     the threat level for the United States as a whole;
       ``(III) the percent of a State's population residing in 
     metropolitan statistical areas, as defined by the Office of 
     Management and Budget;
       ``(IV) the degree of threat, vulnerability, and consequence 
     related to critical infrastructure or key assets identified 
     by the Secretary or State homeland security plan;
       ``(V) whether the State has an international border;
       ``(VI) whether the State has a coastline bordering ocean or 
     international waters;
       ``(VII) threats, vulnerabilities, and consequences faced by 
     a State related to at-risk sites or activities in adjacent 
     States, including the need to respond to terrorist attacks 
     arising in adjacent States;
       ``(VIII) the extent to which the State has unmet essential 
     capabilities; and
       ``(IX) such other factors as are specified in writing by 
     the Secretary; and

       ``(ii) balance the goal of ensuring that the essential 
     capabilities of the highest-risk areas are achieved quickly 
     and the goal of ensuring that basic levels of preparedness, 
     as measured by the attainment of essential capabilities, are 
     achieved nationwide.
       ``(C) Multi-state partnerships.--
       ``(i) In general.--Instead of, or in addition to, any 
     application for funds under subparagraph (A), 2 or more 
     States may submit applications under this paragraph for 
     multi-

[[Page S8014]]

     State efforts to prevent, prepare for, or respond to acts of 
     terrorism or other catastrophic events.
       ``(ii) Grantees.--Multi-State grants may be awarded to 
     either--

       ``(I) an individual State acting on behalf of a consortium 
     or partnership of States with the consent of all member 
     States; or
       ``(II) a group of States applying as a consortium or 
     partnership.

       ``(iii) Administration of grant.--If a group of States 
     apply as a consortium or partnership such States shall submit 
     to the Secretary at the time of application a plan 
     describing--

       ``(I) the division of responsibilities for administering 
     the grant; and
       ``(II) the distribution of funding among the various States 
     and entities that are party to the application.

       ``(4) Funding for local governments and first responders.--
       ``(A) In general.--The Secretary shall require recipients 
     of the sliding scale baseline distribution and the threat-
     based distribution to States to make available to local 
     governments and emergency response providers, consistent with 
     the applicable State homeland security plan, not less than 80 
     percent of the grant funds, the resources purchased with such 
     grant funds, or a combination thereof, not later than 60 days 
     after receiving grant funding.
       ``(B) Indian tribes.--States shall be responsible for 
     allocating Federal resources to tribal communities in order 
     to help those tribal communities achieve essential 
     capabilities. Indian tribes shall be eligible for funding 
     directly from the States, and shall not be required to seek 
     funding from any local government.
       ``(C) Exception.--Subparagraph (A) shall not apply to the 
     District of Columbia, the Commonwealth of Puerto Rico, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, Guam, and the Virgin Islands.
       ``(5) Supplement not supplant.--Amounts appropriated for 
     grants under this subsection shall be used to supplement and 
     not supplant other State and local government public funds 
     obligated for the purposes provided under this title.
       ``(6) Law enforcement terrorism prevention program.--
       ``(A) In general.--The Secretary shall designate 25 percent 
     of the amounts appropriated for the Threat-Based Homeland 
     Security Grant Program to be used for the Law Enforcement 
     Terrorism Prevention Program under section 1014 of the USA 
     PATRIOT ACT (42 U.S.C. 3714) to provide grants to law 
     enforcement agencies to enhance capabilities for terrorism 
     prevention.
       ``(B) Use of funds.--Notwithstanding subsection (b), grants 
     awarded under this paragraph may be used for--
       ``(i) information sharing to preempt terrorist attacks;
       ``(ii) target hardening to reduce the vulnerability of 
     selected high value targets;
       ``(iii) threat recognition to recognize the potential or 
     development of a threat;
       ``(iv) intervention activities to interdict terrorists 
     before they can execute a threat;
       ``(v) interoperable communication systems;
       ``(vi) overtime expenses related to the homeland security 
     plan approved by the Secretary, including overtime costs 
     associated with providing enhanced law enforcement operations 
     in support of Federal agencies for increased border security 
     and border crossing enforcement; and
       ``(vii) any other terrorism prevention activity authorized 
     by the Secretary.
       ``(g) Report on Homeland Security Spending.--Each recipient 
     of a grant under this section shall annually submit a report 
     to the Secretary that contains--
       ``(1) an accounting of the amount of State and local 
     government funds spent on homeland security activities under 
     the applicable State homeland security plan;
       ``(2) information regarding the use of grant funds by the 
     State and by units of local government as required by the 
     Secretary; and
       ``(3) progress of the recipient and subgrantees in 
     achieving essential capabilities.
       ``(h) Accountability.--
       ``(1) Government accountability office access to 
     information.--Each recipient of a grant under this section 
     and the Department shall provide the Government 
     Accountability Office with full access to information 
     regarding the activities carried out under this section.
       ``(2) Audit.--Grant recipients that expend $500,000 or more 
     in Federal funds during any fiscal year shall submit to the 
     Secretary an organization wide financial and compliance audit 
     report in conformance with the requirements of chapter 75 of 
     title 31, United States Code.
       ``(i) Remedies for Non-Compliance.--
       ``(1) In general.--If the Secretary finds, after reasonable 
     notice and an opportunity for a hearing, that a recipient of 
     a grant under this section has failed to substantially comply 
     with any provision of this section, or with any regulations 
     or guidelines of the Department regarding eligible 
     expenditures, the Secretary shall--
       ``(A) terminate any payment of grant funds to be made to 
     the recipient under this section;
       ``(B) reduce the amount of payment of grant funds to the 
     recipient by an amount equal to the amount of grants funds 
     that were not expended by the recipient in accordance with 
     this section; or
       ``(C) limit the use of grant funds received under this 
     section to programs, projects, or activities not affected by 
     the failure to comply.
       ``(2) Duration of penalty.--The Secretary shall apply an 
     appropriate penalty under paragraph (1) until such time as 
     the Secretary determines that the grant recipient is in full 
     compliance with this section or with applicable guidelines or 
     regulations of the Department.
       ``(3) Direct funding.--If a State fails to substantially 
     comply with any provision of this section or with applicable 
     guidelines or regulations of the Department, including 
     failing to provide local governments with grant funds or 
     resources purchased with grant funds in a timely fashion, a 
     local government entitled to receive such grant funds or 
     resources may petition the Secretary, at such time and in 
     such manner as determined by the Secretary, to request that 
     grant funds or resources be provided directly to the local 
     government.
       ``(j) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress that provides--
       ``(1) the status of preparedness goals and objectives;
       ``(2) an evaluation of how States and local governments are 
     making progress in achieving essential capabilities;
       ``(3) the total amount of resources provided to the States;
       ``(4) the total amount of resources provided to local 
     governments and metropolitan regions; and
       ``(5) an accounting of how these resources were expended.
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $2,925,000,000 for fiscal year 2006;
       ``(2) $2,925,000,000 for fiscal year 2007; and
       ``(3) such sums as are necessary for each fiscal year 
     thereafter.

     ``SEC. 1805. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND 
                   ABUSE.

       ``(a) Annual Government Accountability Office Audit and 
     Report.--
       ``(1) Audit.--The Comptroller General of the United States 
     shall conduct an annual audit of the Threat-Based Homeland 
     Security Grant Program.
       ``(2) Report.--The Comptroller General of the United States 
     shall provide a report to Congress on the results of the 
     audit conducted under paragraph (1), which includes--
       ``(A) an analysis of whether the grant recipients allocated 
     funding consistent with the State homeland security plan and 
     the guidelines established by the Department; and
       ``(B) the amount of funding devoted to overtime and 
     administrative expenses.
       ``(b) Reviews of Threat-Based Homeland Security Funding.--
     The Secretary shall conduct periodic reviews of grants made 
     through the Threat Based Homeland Security Grant Program to 
     ensure that recipients allocate funds consistent with the 
     guidelines established by the Department.

     ``SEC. 1806. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.

       ``(a) Reallocation of Funds.--The Director of the Office 
     for Domestic Preparedness shall allow any State to request 
     approval to reallocate funds received pursuant to 
     appropriations for the State Homeland Security Grant Program 
     under Public Laws 10509277 (112 Stat. 2681 et seq.), 10609113 
     (113 Stat. 1501A093 et seq.), 10609553 (114 Stat. 2762A093 et 
     seq.), 1070977 (115 Stat. 78 et seq.), or the Consolidated 
     Appropriations Resolution of 2003 (Public Law 108097), among 
     the 4 categories of equipment, training, exercises, and 
     planning.
       ``(b) Approval of Reallocation Requests.--The Director 
     shall approve reallocation requests under subsection (a) in 
     accordance with the State homeland security plan and any 
     other relevant factors that the Secretary determines to be 
     necessary.
       ``(c) Limitation.--A waiver under this section shall not 
     affect the obligation of a State to make available 80 percent 
     of the amount appropriated for equipment to units of local 
     government.

     ``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology (including a representative of the 
     United States Fire Administration) and the Executive Director 
     of the Office for State and Local Government Coordination and 
     Preparedness, shall support the development of, promulgate, 
     and update as necessary national voluntary consensus 
     standards for the performance, use, and validation of first 
     responder equipment for purposes of section 1804(c).
       ``(2) Standards.--Standards under this subsection shall--
       ``(A) be, to the maximum extent practicable, consistent 
     with any existing voluntary consensus standards;
       ``(B) take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) cover all appropriate uses of the equipment.
       ``(b) Training Standards.--

[[Page S8015]]

       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology (including a representative of the 
     United States Fire Administration) and the Director of the 
     Office for Domestic Preparedness, shall support the 
     development of, promulgate, and regularly update as necessary 
     national voluntary consensus standards for first responder 
     training that will enable State and local government first 
     responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the American National Standards Institute;
       ``(4) the National Institute of Justice;
       ``(5) the National Institute for Occupational Safety and 
     Health; and
       ``(6) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.

     ``SEC. 1808. CERTIFICATION RELATIVE TO THE SCREENING OF 
                   MUNICIPAL SOLID WASTE TRANSPORTED INTO THE 
                   UNITED STATES.

       ``(a) Definition.--In this section, the term `municipal 
     solid waste' includes sludge (as defined in section 1004 of 
     the Solid Waste Disposal Act (42 U.S.C. 6903)).
       ``(b) Reports to Congress.--Not later than 90 days after 
     the date of enactment of this section, the Bureau of Customs 
     and Border Protection shall submit a report to Congress 
     that--
       ``(1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for such 
     materials in other items of commerce entering into the United 
     States by commercial motor vehicle transport; and
       ``(2) if the methodologies and technologies used to screen 
     solid waste are less effective than those used to screen 
     other commercial items, identifies the actions that the 
     Bureau will take to achieve the same level of effectiveness 
     in the screening of solid waste, including the need for 
     additional screening technologies.
       ``(c) Impact on Commercial Motor Vehicles.--If the Bureau 
     of Customs and Border Protection fails to fully implement the 
     actions described in subsection (b)(2) before the earlier of 
     6 months after the date on which the report is due under 
     subsection (b) or 6 months after the date on which such 
     report is submitted, the Secretary shall deny entry into the 
     United States of any commercial motor vehicle (as defined in 
     section 31101(1) of title 49, United States Code) carrying 
     municipal solid waste until the Secretary certifies to 
     Congress that the methodologies and technologies used by the 
     Bureau to screen for and detect the presence of chemical, 
     nuclear, biological, and radiological weapons in such waste 
     are as effective as the methodologies and technologies used 
     by the Bureau to screen for such materials in other items of 
     commerce entering into the United States by commercial motor 
     vehicle transport.''.
       (b) Threat-Based Homeland Security Grant Program.--
       (1) Fiscal year 2006 administration.--Notwithstanding any 
     provision of title III of this Act, section 1804 of the 
     Homeland Security Act of 2002 (as added by this section) 
     shall apply in the administration of the Threat-Based 
     Homeland Security Grant Program established under section 
     1804 of that Act.
       (2) Funding.--All funds appropriated under paragraphs (1) 
     and (2) under the subheading ``state and local programs'' 
     under the heading ``Office of State and Local Government 
     Coordination and Preparedness'' under title III of this Act 
     are appropriated for the Threat-Based Homeland Security Grant 
     Program established under section 1804 of the Homeland 
     Security Act of 2002 (as added by this section).
       (c) Fire Services.--Section 2(6) of the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)) is amended by inserting 
     ``(including fire services)'' after ``local emergency public 
     safety''.
       (d) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (6 U.S.C. 101 note) is amended by adding at the end the 
     following:

 ``TITLE XVIII--ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS AND THREAT-
                 BASED HOMELAND SECURITY GRANT PROGRAM

``Sec. 1801. Definitions.
``Sec. 1802. Preservation of pre-9/11 grant programs for traditional 
              first responder missions.
``Sec. 1803. Essential capabilities for first responders.
``Sec. 1804. Threat-Based Homeland Security Grant Program.
``Sec. 1805. Eliminating homeland security fraud, waste, and abuse.
``Sec. 1806. Flexibility in unspent homeland security funds.
``Sec. 1807. National standards for first responder equipment and 
              training.
``Sec. 1808. Certification relative to the screening of municipal solid 
              waste transported into the United States.''.

     SEC. 605. COMMUNICATION SYSTEM GRANTS.

       (a) In General.--
       (1) Establishment.--There is established in the Department 
     of Homeland Security an International Border Community 
     Interoperable Communications Demonstration Project (referred 
     to in this section as ``demonstration projects'').
       (2) Minimum number of communities.--The Secretary of 
     Homeland Security shall select no fewer than 6 communities to 
     participate in a demonstration project.
       (3) Location of communities.--No fewer than 3 of the 
     communities selected under paragraph (2) shall be located on 
     the northern border of the United States and no fewer than 3 
     of the communities selected under paragraph (2) shall be 
     located on the southern border of the United States.
       (b) Program Requirements.--The demonstration projects 
     shall--
       (1) address the interoperable communications needs of 
     police officers, firefighters, emergency medical technicians, 
     National Guard, and other emergency response providers, as 
     defined in the Homeland Security Act of 2002;
       (2) foster interoperable communications--
       (A) among Federal, State, local, and tribal government 
     agencies in the United States involved in preventing or 
     responding to terrorist attacks or other catastrophic events; 
     and
       (B) with similar agencies in Canada or Mexico;
       (3) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (4) foster the standardization of interoperable 
     communications equipment;
       (5) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (6) ensure that emergency response providers can 
     communicate with one another and the public at disaster sites 
     or in the event of a terrorist attack or other catastrophic 
     event;
       (7) provide training and equipment to enable emergency 
     response providers to deal with threats and contingencies in 
     a variety of environments; and
       (8) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (c) Distribution of Funds.--
       (1) In general.--The Secretary of Homeland Security shall 
     distribute funds under this section to each community 
     participating in a demonstration project under this section 
     through the State or States in which each community is 
     located.
       (2) Other participants .--A State receiving funds under 
     this section shall make the funds available to the local 
     governments and emergency response providers participating in 
     a demonstration project selected by the Secretary of Homeland 
     Security not later than 60 days after receiving funds.
       (d) Reporting.--Not later than December 31, 2005, and each 
     year thereafter in which funds are appropriated for a 
     demonstration project, the Secretary of Homeland Security 
     shall provide to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the demonstration projects under this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary in each of 
     fiscal years 2006, 2007, and 2008 to carry out this section.
                                 ______
                                 
  SA 1143. Mr. GREGG submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, line 15, strike ``For grants,'' down through 
     and including ``protection plan grants.'' on page 79, line 6, 
     and insert the following:
       For grants, contracts, cooperative agreements, and other 
     activities, including grants to State and local governments 
     for terrorism prevention activities, notwithstanding any 
     other provision of law, $2,694,300,000, which shall be 
     allocated as follows:
       (1) $1,418,000,000 for State and local grants, of which 
     $425,000,000 shall be allocated such that each State and 
     territory shall receive the same dollar amount for the State 
     minimum as was distributed in fiscal year 2005 for formula-
     based grants: Provided, That the balance shall be allocated 
     by the Secretary of Homeland Security to States, urban areas, 
     or regions based on risks; threats; vulnerabilities; and 
     unmet essential capabilities pursuant to Homeland Security 
     Presidential Directive 8 (HSPD-8).

[[Page S8016]]

       (2) $400,000,000 for law enforcement terrorism prevention 
     grants, of which $155,000,000 shall be allocated such that 
     each State and territory shall receive the same dollar amount 
     for the State minimum as was distributed in fiscal year 2005 
     for law enforcement terrorism prevention grants: Provided, 
     That the balance shall be allocated by the Secretary to 
     States based on risks; threats; vulnerabilities; and unmet 
     essential capabilities pursuant to HSPD-8.
       (3) $465,000,000 for discretionary transportation and 
     infrastructure grants, as determined by the Secretary, which 
     shall be based on risks, threats, and vulnerabilities, of 
     which--
       (A) $200,000,000 shall be for port security grants pursuant 
     to the purposes of 46 United States Code 70107(a) through 
     (h), which shall be awarded based on threat notwithstanding 
     subsection (a), for eligible costs as defined in subsections 
     (b)(2)-(4);
       (B) $5,000,000 shall be for trucking industry security 
     grants;
       (C) $10,000,000 shall be for intercity bus security grants;
       (D) $200,000,000 shall be for intercity passenger rail 
     transportation (as defined in section 24102 of title 49, 
     United States Code), freight rail, and transit security 
     grants; and
       (E) $50,000,000 shall be for buffer zone protection plan 
     grants.
                                 ______
                                 
  SA 1144. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. (a) Notwithstanding any other provision of law 
     (including any provision of title III), any grant from funds 
     under the subheading ``state and local programs'' under the 
     heading ``Office of State and Local Government Coordination 
     and Preparedness'' under title III shall be awarded based 
     strictly on an assessment of risk, threat, and vulnerability 
     to our Nation's ports, critical infrastructure, financial 
     centers, commercial centers, large centers of commuter 
     populations, nationally significant tourist destinations, and 
     areas of national significance determined by the Secretary of 
     Homeland Security.
       (b) This section shall not be construed to affect any 
     authority to award grants under a Federal grant program 
     described under subsection (a), which existed on September 
     10, 2001, to enhance traditional missions of State and local 
     law enforcement, firefighters, ports, emergency medical 
     services, emergency disaster relief, or public health 
     missions.
                                 ______
                                 
  SA 1145. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.  . FEDERAL FLIGHT DECK OFFICER PROGRAM. No funds 
     appropriated or otherwise made available by this Act shall be 
     used to enforce any policy requiring a Federal Flight Deck 
     Officer to transport or store a firearm in a locked box or 
     other container.
                                  ____

  SA 1146. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . FEDERAL FLIGHT DECK OFFICERS.

       (a) Training and Requalification Training.--Section 44921 
     (c) of title 49, United States Code, is amended by adding at 
     the end the following:
       ``(3) Location of training--
       ``(A) Study.--The Secretary shall conduct a study of the 
     feasibility of conducting Federal flight deck officer initial 
     training at facilities located throughout the United 
     States, including an analysis of any associated 
     programmatic impacts to the Federal flight deck officer 
     program.
       ``(B) Report.--Not later than 180 days after the date of 
     enactment of this paragraph, the Secretary shall transmit to 
     Congress a report on the results of the study.
       ``(4) Dates of training.--The Secretary shall ensure that a 
     pilot who is eligible to receive Federal flight deck officer 
     training is offered, to the maximum extent practicable, a 
     choice of training dates and is provided at least 30 days 
     advance notice of the dates.
       ``(5) Travel to training facilities.--The Secretary shall 
     establish a program to improve travel access to Federal 
     flight deck officer training facilities through the use of 
     charter flights or improved scheduled air carrier service.
       ``(6) Requalification and recurrent training.--
       ``(A) Standards.--The Secretary shall establish 
     qualification standards for facilities where Federal flight 
     deck officers can receive requalification and recurrent 
     training.
       ``(B) Locations.--The Secretary shall provide for 
     requalification and recurrent training at geographically 
     diverse facilities, including Federal, State, and local law 
     enforcement and government facilities, and private training 
     facilities that meet the qualification standards established 
     under subparagraph (A).
       ``(7) Costs of training.--
       ``(A) In general.--The Secretary shall provide Federal 
     flight deck officer training, requalification training, and 
     recurrent training to eligible pilots at no cost to the 
     pilots or the air carriers that employ the pilots.
       ``(B) Transportation and expenses.--The Secretary may 
     provide travel expenses to a pilot receiving Federal flight 
     deck officer training, requalification training, or recurrent 
     training.
       ``(8) Communications.--Not later than 180 days after the 
     date of enactment of this paragraph, the Secretary shall 
     establish a secure means for personnel of the Transportation 
     Security Administration to communicate with Federal flight 
     deck officers, and for Federal flight deck officers to 
     communicate with each other, in support of the mission of 
     such officers. Such means of communication may include a 
     secure Internet website.
       ``(9) Issuance of badges.--Not later than 180 days after 
     the date of enactment of this paragraph, the Secretary shall 
     issue badges to Federal flight deck officers.''.
       (b) Revocation of Deputization of Pilot as Federal Flight 
     Deck Officer.--Section 44921(d)(4) of title 49, United States 
     Code, is amended to read as follows:
       ``(4) Revocation.--
       ``(A) Orders.--The Assistant Secretary of Homeland Security 
     (Transportation Security Administration) may issue, for good 
     cause, an order revoking the deputization of a Federal flight 
     deck officer under this section. The order shall include the 
     specific reasons for the revocation.
       ``(B) Hearings.--An individual who is adversely affected by 
     an order of the Assistant Secretary under subparagraph (A) is 
     entitled to a hearing on the record. When conducting a 
     hearing under this section, the administrative law judge 
     shall not be bound by findings of fact or interpretations of 
     laws and regulations of the Assistant Secretary.
       ``(C) Appeals.--An appeal from a decision of an 
     administrative law judge as a result of a hearing under 
     subparagraph (B) shall be made to the Secretary or the 
     Secretary's designee.
       ``(D) Judicial review of a final order.--The determination 
     and order of the Secretary revoking the deputization of a 
     Federal flight deck officer under this section shall be final 
     and conclusive unless the individual against whom such an 
     order is issued files an application for judicial review 
     under subchapter II of chapter 5 of title 5 (popularly known 
     as the Administrative Procedure Act) within 60 days of entry 
     of such order in the appropriate United States court of 
     appeals.''.
       (c) Federal Flight Deck Officer Firearm Carriage Pilot 
     Program.--Section 44921(f) of title 49, United States Code, 
     is amended by adding at the end the following:
       ``(4) Pilot Program.--
       ``(A) In general.--Not later than 90 days after the date of 
     enactment of this paragraph, the Secretary shall implement a 
     pilot program to allow pilots participating in the Federal 
     flight deck officer program to transport their firearms on 
     their persons. The Secretary may prescribe any training, 
     equipment, or procedures that the Secretary determines 
     necessary to ensure safety and maximize weapon retention.
       ``(B) Review.--Not later than I year after the date of 
     initiation of the pilot program, the Secretary shall conduct 
     a review of the safety record of the pilot program and 
     transmit a report on the results of the review to Congress.
       ``(C) Option.--If the Secretary as part of the review under 
     subparagraph (B) determines that the safety level obtained 
     under the pilot program is comparable to the safety level 
     determined under existing methods of pilots carrying firearms 
     on aircraft, the Secretary shall allow all pilots 
     participating in the Federal flight deck officer program the 
     option of carrying their firearm on their person subject to 
     such requirements as the Secretary determines appropriate.''.
       (d) Federal Flight Deck Officers on International 
     Flights.--
       (1) Agreements with foreign governments.--The President is 
     encouraged to pursue aggressively agreements with foreign 
     governments to allow maximum deployment of Federal flight 
     deck officers on international flights.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the President (or the President's 
     designee) shall submit to Congress a report on the status of 
     the President's efforts to allow maximum deployment of 
     Federal flight deck officers on international flights.
       (e) References to Under Secretary.--Section 44921 of title 
     49, United States Code, is amended--
       (1) in subsection ( a) by striking ``Under Secretary of 
     Transportation for Security'' and inserting ``Secretary of 
     Homeland Security'';
       (2) by striking ``Under Secretary'' each place it appears 
     and inserting ``Secretary''; and (3) by striking ``Under 
     Secretary's'' each place it appears and inserting 
     ``Secretary's''.

[[Page S8017]]

                                 ______
                                 
  SA 1147. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

         On page 69, line 12, after ``presence:'', insert the 
     following: ``Provided further, That of the amount made 
     available under this heading, an amount shall be available 
     for the Transportation Security Administration to develop a 
     plan to research, test, and potentially implement multi 
     compartment bins to screen passenger belongings at security 
     checkpoints: ''
                                 ______
                                 
  SA 1148. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                          TITLE--RAIL SECURITY

     SECTION _01. SHORT TITLE.

       This title may be cited as the ``Rail Security Act of 
     2005''.

     SEC. _02. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security, in 
     consultation with the Secretary of Transportation, shall 
     complete a vulnerability assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment shall take into account actions taken or planned 
     by both public and private entities to address identified 
     security issues and assess the effective integration of such 
     actions.
       (3) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Under Secretary, in consultation 
     with the Secretary of Transportation, shall develop 
     prioritized recommendations for improving rail security, 
     including any recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Under Secretary as posing significant 
     rail-related risks to public safety and the movement of 
     interstate commerce, taking into account the impact that any 
     proposed security measure might have on the provision of rail 
     service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training employees in terrorism prevention, passenger 
     evacuation, and response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (4) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (B) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials (including those within other 
     agencies and offices within the Department of Homeland 
     Security), and other relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Under Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report containing the assessment and 
     prioritized recommendations required by subsection (a) and an 
     estimate of the cost to implement such recommendations.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-Year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $5,000,000 
     for fiscal year 2006 for the purpose of carrying out this 
     section.

     SEC. _03. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary of 
     Homeland Security for Border and Transportation Security, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. _04. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Within 1 year after the date of 
     enactment of the Rail Security Act of 2005, the Comptroller 
     General shall complete a study of the rail passenger 
     transportation security programs that are carried out for 
     rail transportation systems in Japan, member nations of the 
     European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study shall be to identify 
     effective rail transportation security measures that are in 
     use in foreign rail transportation systems, including 
     innovative measures and screening procedures determined 
     effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure. The report shall include the Comptroller 
     General's assessment regarding whether it is feasible to 
     implement within the United States any of the same or similar 
     security measures that are determined effective under the 
     study.

     SEC. _05. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Under Secretary 
     of Homeland Security for Border and Transportation Security, 
     in cooperation with the Secretary of Transportation, shall--
       (1) analyze the cost and feasibility of requiring security 
     screening for passengers, baggage, and [mail] cargo on 
     passenger trains; and
       (2) report the results of the study, together with any 
     recommendations that the Under Secretary may have for 
     implementing a rail security screening program to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure within 1 year after the date of enactment of 
     this Act.
       (b) Pilot Program.--As part of the study under subsection 
     (a), the Under Secretary shall complete a pilot program of 
     random security screening of passengers and baggage at 5 
     passenger rail stations served by Amtrak selected by the 
     Under Secretary. In conducting the pilot program, the Under 
     Secretary shall--
       (1) test a wide range of explosives detection technologies, 
     devices and methods;
       (2) require that intercity rail passengers produce 
     government-issued photographic identification which matches 
     the name on the passenger's tickets prior to boarding trains; 
     and
       (3) attempt to give preference to locations at the highest 
     risk of terrorist attack and achieve a distribution of 
     participating train stations in terms of geographic location, 
     size, passenger volume, and whether the station is used by 
     commuter rail passengers as well as Amtrak passengers.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security to carry out 
     this section $5,000,000 for fiscal year 2006.

     SEC. _06. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

       Any statutory limitation on the number of employees in the 
     Transportation Security Administration of the Department of 
     Transportation, before or after its transfer to the 
     Department of Homeland Security, does not apply to the extent 
     that any such employees are responsible for implementing the 
     provisions of this Act.

     SEC. _07. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-safety Needs.--The Secretary of Transportation is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to

[[Page S8018]]

     the Secretary of Transportation for the purposes of carrying 
     out subsection (a) the following amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2006;
       (B) $100,000,000 for fiscal year 2007;
       (C) $100,000,000 for fiscal year 2008;
       (D) $100,000,000 for fiscal year 2009; and
       (E) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2006;
       (B) $10,000,000 for fiscal year 2007;
       (C) $10,000,000 for fiscal year 2008;
       (D) $10,000,000 for fiscal year 2009; and
       (E) $17,000,000 for fiscal year 2010.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2006;
       (B) $8,000,000 for fiscal year 2007;
       (C) $8,000,000 for fiscal year 2008;
       (D) $8,000,000 for fiscal year 2009; and
       (E) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2006, $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary may not make amounts 
     available to Amtrak for obligation or expenditure under 
     subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, periodic status 
     reports, and such other matters the Secretary deems 
     appropriate.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a plan 
     is incomplete or deficient, the Secretary shall notify Amtrak 
     of the incomplete items or deficiencies and Amtrak shall, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 45 days after 
     receiving items newly included in a modified plan, the 
     Secretary shall either approve the modified plan, or, if the 
     Secretary finds the plan is still incomplete or deficient, 
     the Secretary shall identify in writing to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure the portions of the plan the Secretary finds 
     incomplete or deficient, approve all other portions of the 
     plan, obligate the funds associated with those other 
     portions, and execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels, if feasible.

     SEC. _08. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Within 60 days after the date 
     of enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall execute a memorandum 
     of agreement governing the roles and responsibilities of the 
     Department of Transportation and the Department of Homeland 
     Security, respectively, in addressing railroad transportation 
     security matters, including the processes the departments 
     will follow to promote communications, efficiency, and 
     nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. _09. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2005, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board and the Secretary of 
     Transportation a plan for addressing the needs of the 
     families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release to any person information on a list obtained 
     under subsection (b)(1) but may provide information on the 
     list about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak $500,000 for fiscal year 
     2006 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``Sec.
``24316.Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. _10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security is authorized to make grants, through the Secretary 
     of Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units; and
       (7) to expand emergency preparedness efforts.
       (b) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless the 
     projects are contained in a systemwide security plan approved 
     by the Under Secretary, in consultation with the Secretary of 
     Transportation,

[[Page S8019]]

     and, for capital projects, meet the requirements of section 
     _07(e)(2). The plan shall include appropriate measures to 
     address security awareness, emergency response, and passenger 
     evacuation training.
       (c) Equitable Geographic Allocation.--The Under Secretary 
     shall ensure that, subject to meeting the highest security 
     needs on Amtrak's entire system, stations and facilities 
     located outside of the Northeast Corridor receive an 
     equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary of Homeland Security for 
     Border and Transportation Security $63,500,000 for fiscal 
     year 2006 for the purposes of carrying out this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. _11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary of 
     Homeland Security for Border and Transportation Security is 
     authorized to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used in the transportation of hazardous materials, 
     universities, colleges and research centers, State and local 
     governments (for passenger facilities and infrastructure not 
     owned by Amtrak), and, through the Secretary of 
     Transportation, to Amtrak, for full or partial reimbursement 
     of costs incurred in the conduct of activities to prevent or 
     respond to acts of terrorism, sabotage, or other intercity 
     passenger rail and freight rail security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the United States-Mexico border or the United States-
     Canada border;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section _02, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (c) Equitable Allocation.--The Under Secretary shall 
     equitably distribute the funds authorized by this section, 
     taking into account geographic location, and shall encourage 
     non-Federal financial participation in awarding grants. With 
     respect to grants for passenger rail security, the Under 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers as well 
     as intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section _010(b).
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section _02 the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be 
     made--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $350,000,000 
     for fiscal year 2006 to carry out the purposes of this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.
       (g) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means poison inhalation hazard 
     materials, Class 2.3 gases, Class 6.1 materials, and 
     anhydrous ammonia.

     SEC. _12. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use up to 0.5 percent of amounts made available to Amtrak 
     for capital projects under the Rail Security Act of 2005 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under subsection 
     (a).
       (c) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this Act, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.

     SEC. _13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security that may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section _011(g));
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public; and
       (6) other projects recommended in the report required by 
     section _02.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security shall ensure that the research and 
     development program authorized by this section is coordinated 
     with other research and development initiatives at the 
     Department and the Department of Transportation. The Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with the Secretary of Transportation if the Secretary of 
     Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $50,000,000 
     in each of fiscal years 2006 and 2007 to carry out the 
     purposes of this section. Amounts appropriated pursuant to 
     this subsection shall remain available until expended.

     SEC. _14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Within 90 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures (in its procedures filed with the 
     Administration pursuant to section 213.119 of title 49, Code 
     of Federal Regulations) to improve the identification of 
     cracks in rail joint bars;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to periodically review continuous 
     welded rail joint bar inspection data from railroads and 
     Administration track inspectors and, whenever the 
     Administration determines that it is necessary or 
     appropriate, require railroads to increase the frequency or 
     improve the methods of inspection of joint bars in continuous 
     welded rail.
       (b) Tank Car Standards.--The Federal Railroad 
     Administration shall--
       (1) within 1 year after the date of enactment of this Act, 
     validate the predictive model it is developing to quantify 
     the relevant dynamic forces acting on railroad tank cars 
     under accident conditions; and
       (2) within 18 months after the date of enactment of this 
     Act, initiate a rulemaking to develop and implement 
     appropriate design standards for pressurized tank cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Within 2 years after the date of enactment of this Act, the 
     Federal Railroad Administration shall--

[[Page S8020]]

       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with 
     recommendations for measures to eliminate or mitigate the 
     risk of catastrophic failure.

     SEC. _15. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Under Secretary of Homeland Security for Border and 
     Transportation Security, in consultation with the heads of 
     other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     travelling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

     SEC. 16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL 
                   IN COMMUNITIES WITHOUT GRADE SEPARATION.

       (a) Study.--The Secretary of Homeland Security shall, in 
     consultation with State and local government officials, 
     conduct a study on the impact of blocked highway-railroad 
     grade crossings on the ability of emergency responders, 
     including ambulances and police, fire, and other emergency 
     vehicles, to perform public safety and security duties in the 
     event of a terrorist attack.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the findings of the study conducted under 
     subsection (a) and recommendations for reducing the impact of 
     blocked crossings on emergency response.

     SEC. 17. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

     ``SEC. 20116. WHISTLEBLOWER PROTECTION FOR RAIL SECURITY 
                   MATTERS.

       ``(a) Discrimination Against Employee.--No rail carrier 
     engaged in interstate or foreign commerce may discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a perceived threat 
     to security;
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a perceived 
     threat to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after it is filed. If the 
     violation is a form of discrimination that does not involve 
     discharge, suspension, or another action affecting pay, and 
     no other remedy is available under this subsection, the 
     Board, division, delegate, or other board of adjustment may 
     award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B) of this title, including the burdens of proof, 
     applies to any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation may not disclose the name of an 
     employee of a railroad carrier who has provided information 
     about an alleged violation of this section.
       ``(2) The Secretary shall disclose to the Attorney General 
     the name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

  ``Sec. 20116. Whistleblower protection for rail security matters.''.

                                 ______
                                 
  SA 1149. Mr. McCAIN (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE ON COMPREHENSIVE IMMIGRATION 
                   REFORM.

       (a) Findings.--Congress finds that--
       (1) the Government of the United States has an obligation 
     to its citizens to ensure the rule of law in its communities, 
     secure its borders, and strengthen international border 
     security efforts;
       (2) current immigration laws and the enforcement of such 
     laws are ineffective and do not serve the people of the 
     United States, the national security interests of the United 
     States, or the economic prosperity of the United States; and
       (3) illegal immigration fosters other illegal activity, 
     burdens States and local communities with hundreds of 
     millions of dollars in uncompensated expenses and creates an 
     underclass of workers who are vulnerable to fraud and 
     exploitation.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that, before the end of the first session of the 109th 
     Congress, Congress should enact comprehensive immigration 
     reform that--
       (1) ensures strong enforcement of immigration laws and 
     border security;
       (2) provides for adequate legal channels for immigration;
       (3) enables willing workers to be matched with willing 
     employers when no United States worker is available to take 
     the job;
       (4) identifies undocumented immigrants and encourages them 
     to come forward and participate legally in the economy of the 
     United States; and
       (5) serves the economic, social, and security interests of 
     the United States.
                                 ______
                                 
  SA 1150. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

         On page 100, between lines 11 and 12, insert the 
     following:
       Sec. 519.(a) The amount appropriated for salaries and 
     expenses by title II under the heading ``Customs and Border 
     Protection'' is increased by $179,221,000, all of which shall 
     be made available to hire an additional 1,000 border patrol 
     agents.
       (b) The amount appropriated by title II for the United 
     States Coast Guard for the Integrated Deepwater Systems 
     program under the heading ``acquisition, construction, and 
     improvements'' is reduced by $179,221,000.
                                 ______
                                 
  SA 1151. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 61, line 26, insert ``which shall be deployed 
     between ports of entry along the southwestern border of the 
     United States, taking into consideration the particular 
     security risks in the area and the need for constant 
     surveillance of such border,'' after ``unmanned aerial 
     vehicles,''.
                                 ______
                                 
  SA 1152. Mr. McCAIN submitted an amendment intended to be proposed by

[[Page S8021]]

him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 64, line 24, insert after ``agencies'' the 
     following: ``and Indian tribes (as that term is defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e))''.
       On page 65, line 2, insert after ``agencies'' the 
     following: ``and Indian tribes (as that term is defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e))''.
       On page 77, lines 16 and 17, strike ``governments'' and 
     insert ``governments and Indian tribes (as that term is 
     defined in section 4(e) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b(e))''.
       Beginning on page 77, line 26, strike ``or'' and all that 
     follows through ``on risks'' on page 78, line 1, and insert 
     ``regions, or Indian tribes (as that term is defined in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e)) based on risks''.
       On page 78, line 10, insert after ``States'' the following: 
     ``or Indian tribes (as that term is defined in section 4(e) 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b(e))''.
                                 ______
                                 
  SA 1153. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. Of the amount appropriated by title III for the 
     Office of State and Local Government Coordination and 
     Preparedness under the heading ``state and local programs'' 
     and allocated for the technology transfer program, such sums 
     as may be necessary shall be made available to the Secretary 
     of Homeland Security to implement a plan to enhance 
     communications integration and information sharing on border 
     security as authorized under section 303 of the REAL ID Act 
     of 2005 (division B of Public Law 109-13).
                                 ______
                                 
  SA 1154. Mr. Ms Stabenow submitted an amendment intended to be 
proposed by her to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. Not later than 30 days after the date of 
     enactment of this Act, the United States Customs and Border 
     Protection shall develop guidelines for other than full-time 
     permanent Customs and Border Protection Officers to complete 
     Customs and Border Protection Officer training at the Federal 
     Law Enforcement Training Center. The guidelines shall take 
     into account the special circumstances and needs of other 
     than full-time permanent officers which includes the impact 
     of the Customs and Border Protection Officer training 
     requirement on their other employment and their ability to 
     continue to serve as Customs and Border Protection Officers. 
     The United States Customs and Border Protection should give 
     consideration to extending the length of time for other than 
     full-time permanent officers to complete the training, 
     allowing officers to complete the training in nonconsecutive 
     sessions, giving officers credit for training already 
     completed, or providing for other appropriate arrangements.
                                 ______
                                 
  SA 1155. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   SPENDING OVERSIGHT.

       ``None of the funds made available in this Act shall be 
     used on silk plants, art consultants, art work, coffee, 
     microwave ovens, ice makers, plaques, and private event 
     planning companies.''
                                 ______
                                 
  SA 1156. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ___. The amount appropriated by title III under the 
     heading ``Office of State and Local Government Coordination 
     and Preparedness'' for State and Local Programs is increased 
     by $530,000,000, all of which shall be made available for 
     discretionary transportation and infrastructure grants and 
     shall be for port security grants pursuant to the purposes of 
     section 70107 (a) through (h) of title 46, United States 
     Code. Such amounts shall be in addition to the amounts 
     otherwise made available by this Act for such purposes.
                                 ______
                                 
  SA 1157. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . LETTERS OF INTENT.

       (a) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.
                                 ______
                                 
  SA 1158. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:


  COMMISSION ON A STRATEGY FOR SUCCESS IN THE GLOBAL WAR ON TERRORISM

       Sec. 519. (a) Establishment.--There is established a 
     commission to be known as the Commission on a Strategy for 
     Success in the Global War on Terrorism (in this section 
     referred to as the ``Commission'').
       (b) Study and Report.--
       (1) Study.--The duty of the Commission shall be to conduct 
     a study on the strategy, tactics, and metrics for assessing 
     performance and measuring success used by the United States 
     in conduct of the Global War on Terrorism, and to submit a 
     report on the findings of the study according to the guidance 
     set forth in paragraph (2).
       (2) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of State shall submit to 
     the appropriate congressional committees a report on the 
     study required by paragraph (1) that includes the following 
     content:
       (A) Recommendations for a set of benchmarks by which the 
     United States can assess performance and measure success in 
     the following areas:
       (i) Reducing the capability of major world wide terrorist 
     organizations for carrying out attacks against the United 
     States and its interests.
       (ii) Disrupting senior leadership of major world wide 
     terrorist organizations.
       (iii) Decreasing the ability of major world wide terrorist 
     organizations to recruit new members.
       (iv) Disrupting major world wide terrorist organizations' 
     access to, movement of, and use of financial assets and key 
     non-financial resources.
       (v) Eliminating safe havens and training grounds for major 
     world wide terrorist organizations.
       (vi) Preventing terrorists from gaining access to nuclear 
     materials and other weapons of mass destruction.
       (vii) Enhancing the public image of the United States 
     within the populations from which terrorists have most often 
     originated.
       (B) An assessment of performance and progress by the United 
     States in winning Global War on Terrorism according to the 
     benchmarks set forth by the Commission in accordance with 
     subparagraph (A).
       (C) An analysis of the annual country reports on terrorism 
     produced by the Secretary of State in accordance with section 
     140 of the Foreign Relations Authorization Act, Fiscal Years 
     1988 and 1989 (22 U.S.C. 2656f), including an assessment of 
     the following:
       (i) The effectiveness of the process by which the Secretary 
     of State tabulates and categorizes terrorist attacks and 
     events around the world.
       (ii) The accuracy of the data reported in the reports.
       (iii) The adequacy of safeguards against the influence of 
     political considerations or other corrupting factors on the 
     quality of data included in the reports.
       (iv) Any recommendations the Commission may have for 
     expanding, reconfiguring, or otherwise improving the reports.
       (c) Membership.--
       (1) Number and appointment.--The Commission shall be 
     composed of 12 members who are appointed not later than one 
     month after the date of enactment of this act, as follows:
       (A) Two co-chairpersons, of which--
       (i) one co-chairperson shall be appointed by a committee 
     consisting of the majority leaders of the Senate and the 
     House of Representatives, and of the chairman of each of the 
     appropriate congressional committees; and
       (ii) one co-chairperson shall be appointed by a committee 
     consisting of the minority leaders of the House and Senate, 
     the ranking minority member of each of the appropriate 
     congressional committees.

[[Page S8022]]

       (B) Ten members appointed by the chairman and ranking 
     minority members of the Committee on Foreign Relations, the 
     Committee on Homeland Security and Government Affairs, and 
     the Committee on Armed Services of the Senate.
       (C) Ten members appointed by the chairmen and ranking 
     minority members of the Committee on International Relations, 
     the Committee on Homeland Security, and the Committee on 
     Armed Services of the House of Representatives.
       (2) Qualifications.--Individuals appointed to the 
     Commission should have proven experience or expertise in the 
     prosecution of the Global War on Terrorism or in the study 
     and analysis of terrorism, terrorists, United States military 
     strategy, intelligence operations, or other relevant subject 
     matter.
       (3) Vacancies.--Any vacancy on the Commission shall not 
     affect its powers and shall be filled in the manner in which 
     the original appointment was made.
       (4) Chairpersons.--The members appointed pursuant to 
     paragraph (1)(A) shall serve as co-chairpersons of the 
     Commission.
       (5) Prohibition on pay.--Members of the Commission shall 
     serve without pay.
       (6) Travel expenses.--Each member of the Commission shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (7) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum but a lesser number may hold 
     hearings.
       (8) Meetings.--The Commission shall meet at the call of the 
     chairpersons. The initial meeting of the Commission shall 
     occur not later than two weeks after the date on which not 
     less than six members are appointed. The Commission may 
     select a temporary chairperson until such time as the co-
     chairpersons have been appointed.
       (9) Director and staff.--
       (A) Director.--The Commission shall have a Director who 
     shall be appointed by the Chairperson. The Director shall be 
     paid at a rate not to exceed the rate of basic pay payable 
     for level V of the Executive Schedule.
       (B) Staff.--The Commission may appoint personnel as 
     appropriate. The staff of the Commission shall be appointed 
     subject to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and shall 
     be paid in accordance with the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates.
       (10) Experts and consultants.--The Commission may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, but at rates for individuals not 
     to exceed the daily equivalent of the maximum annual rate of 
     basic pay payable for the General Schedule.
       (11) Powers.--
       (A) Hearings and sessions.--The Commission may, for the 
     purpose of carrying out this section, hold hearings, sit and 
     act at times and places, take testimony, and receive evidence 
     as the Commission considers appropriate.
       (B) Powers of members and agents.--Any member or agent of 
     the Commission may, if authorized by the Commission, take any 
     action which the Commission is authorized to take by this 
     section.
       (C) Obtaining official data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the chairpersons of the Commission, the head 
     of that department or agency shall furnish that information 
     to the Commission in a timely manner.
       (D) Postal services.--The Commission may use the United 
     States postal services in the same manner and under the same 
     conditions as other departments and agencies of the United 
     States.
       (E) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (F) Administrative support services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this section.
       (12) Security clearances for commission members and 
     staff.--The appropriate executive departments and agencies 
     shall cooperate with the Commission in expeditiously 
     providing to the Commission members and staff appropriate 
     security clearances in a manner consistent with existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     section who would not otherwise qualify for such security 
     clearance.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations, the Committee on 
     Homeland Security and Government Affairs, and the Committee 
     on Armed Services of the Senate and the Committee on 
     International Relations, the Committee on Homeland Security, 
     and the Committee on Armed Services of the House of 
     Representatives.
       (e) Termination.--The Commission shall terminate one week 
     following the submission of the report described in section 
     (b)(2).

                                 ______
                                 
  SA 1159. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ----. (a) Findings.--Congress makes the following 
     findings:
       (1) Protecting the homeland against nuclear, radiological, 
     biological, or chemical terrorism requires a layered defense 
     drawing upon a full spectrum of capabilities and tools, 
     beginning with a national strategy for an international and 
     domestic effort to prevent the proliferation of weapons of 
     mass destruction (WMD) before it affects Americans at home, 
     as well as to harden America and manage the consequences of 
     attacks while preserving fundamental liberties and economic 
     activity.
       (2) The National Strategy to Combat Weapons of Mass 
     Destruction was published in December 2002.
       (3) Since the development of the National Strategy--
       (A) the nature of the weapons of mass destruction threats 
     to the United States has evolved significantly;
       (B) the understanding of likely future weapons of mass 
     destruction threats has also progressed; and
       (C) United States capabilities for detecting, preventing, 
     and responding to weapons of mass destruction threats have 
     also evolved.
       (4) President George W. Bush enumerated in a speech on 
     February 11, 2004, a number of new actions the United States 
     would call for to address weaknesses in efforts to combat the 
     proliferation of weapons of mass destnlction. Some of the 
     most in July 11, 2005 important of these actions have not yet 
     been undertaken or have met international resistance.
       (5) Since the National Strategy ,vas developed, a 
     significant intelligence failure has occurred with respect to 
     the assessment of the weapons of mass destruction 
     capabilities of Iraq, which failure has precipitated several 
     efforts to identify systemic deficiencies in intelligence and 
     identify recommended improvements.
       (6) As required by the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458), and as 
     recommended by the Commission on the Intelligence 
     Capabilities of the United States Regarding Weapons of Mass 
     Destruction, President George W. Bush announced in June 2005 
     the intent to establish a National Counter Proliferation 
     Center (NCPC). The Center will exercise strategic oversight 
     of the work of the intelligence community on threats posed by 
     the proliferation of weapons of mass destruction and will 
     playa unique leading role within the United States Government 
     in addressing such threats.
       (7) A number of other significant changes to United States 
     policies, capabilities, and tools to combat the proliferation 
     of weapons of mass destruction have been recommended, and in 
     some cases, implemented since December 2002, in the absence 
     of an updated national strategy on combatting the 
     proliferation of weapons of mass destruction.
       (b) Update of National Strategy To Combat Weapons of Mass 
     Destruction.--(1) Not later than 6 months after the date of 
     the enactment of this Act, the President shall develop and 
     submit to Congress an update to the National Strategy to 
     Combat Weapons of Mass Destruction of December 2002.
       (2) The update of the National Strategy shall take into 
     account developments since the publication of the National 
     Strategy.
       (3) The update of the National Strategy shall include the 
     following:
       (A) Intelligence-based assessment.--An intelligence-based 
     assessment of the threat to United States territory, 
     citizens, and interests from the proliferation of weapons of 
     mass destruction and the threat of terrorist acquisition and 
     use of weapons of mass destruction.
       (B) Objectives.--A review of the objectives of United 
     States policy, both domestically and internationally, 
     regarding the proliferation of weapons of mass destruction 
     and the threat of terrorist acquisition and use of weapons of 
     mass destruction.
       (C) Capabilities, roles, missions, concepts of 
     operations.--A review of the full spectrum of capabilities 
     necessary, whether domestically or internationally, to 
     address the proliferation of weapons of mass destruction and 
     the threat of terrorist acquisition and use of weapons of 
     mass destruction, and a description of the roles, missions, 
     and concepts of operations for each of the organizations and 
     programs responsible for providing such capabilities.
       (D) Policy, program and operational coordination.--A review 
     of the mechanisms for planning, coordinating, and 
     implementing policy, programs, and operations, including 
     government-wide strategic operational planning, across all 
     agencies and entities undertaking work to combat the 
     proliferation of weapons of mass destruction and to protect 
     the homeland against weapons of mass destruction attacks.
       (4) The update of the National Strategy shall address 
     specific areas key to a successful national strategy to 
     combat the proliferation of weapons of mass destruction, 
     including, but not limited to the following:
       (A) National counter proliferation center.--A description 
     of the roles, missions,

[[Page S8023]]

     and concepts of operations for the National Counter 
     Proliferation Center, including a plan and schedule for 
     establishing the Center and developing it to full working 
     capacity.
       (B) International nonproliferation regimes.--A review of 
     how the United States will seek to strengthen the 
     international nonproliferation regimes, including, but not 
     limited to, the Nuclear Nonproliferation Treaty and 
     associated entities (such as the Nuclear Suppliers Group) in 
     the wake of the 2005 Nuclear Nonproliferation Treaty review 
     conference, the Missile Technology Control Regime, the 
     Biological Weapons Convention, and the Chemical Weapons 
     Convention and associated entities (such as the Australia 
     Group).
       (C) Security of nuclear materials.--A review of how the 
     United States will enhance programs to secure weapons-grade 
     nuclear materials globally.
       (D) Detection and characterization capabilities.--A review 
     of how the United States will improve the array of weapons of 
     mass destruction detection devices to ensure the homeland is 
     protected from any means by which weapons of mass destruction 
     could be delivered against the United States.
       (E) Interdiction capabilities.--An assessment of the 
     ability of the United States and the international community 
     to interdict in transit illicit materials and personnel 
     related to weapons of mass destruction, including--
       (i) an assessment of the number and impact of interdictions 
     under the Proliferation Security Initiative; and
       (ii) an assessment of how the Initiative can be 
     strengthened to achieve more concrete results.
       (F) Nuclear inspections and safeguards.--A review of how 
     the United States will strengthen the ability of the 
     International Atomic Energy Agency (IAEA) to monitor peaceful 
     nuclear energy programs to ensure that such programs are not 
     used as a cover for nuclear weapons development, including, 
     but not limited to--
       (i) how the United States will encourage the adoption and 
     ratification by each non-nuclear weapon state of the Model 
     Additional Protocol with the Agency; and
       (ii) how the Executive Branch will implement the United 
     States Additional Protocol with the Agency in light of its 
     inability, thus far, to reach agreement on implementing 
     legislation that would permit United States ratification of 
     the Additional Protocol to which the United States Senate 
     gave its advice and consent to ratification on March 31, 
     2004.
       (G) Intelligence capabilities.--A plan for the 
     implementation of intelligence reforms intended to improve 
     intelligence capabilities relating to weapons of mass 
     destruction.
       (H) North korea and iran.--A plan for each of the 
     following:
       (i) Preventing further processing of nuclear weapons 
     material in North Korea and ultimately verifiably eliminating 
     the nuclear weapons programs of North Korea.
       (ii) Preventing Iran from developing nuclear weapons.
       (iii) Deterring other nations from pursuing nuclear 
     weapons.
       (5) The update required by paragraph (1) shall be submitted 
     to Congress in unclassified form but may include a classified 
     annex.
                                 ______
                                 
  SA 1160. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. (a) Congress makes the following findings:
       (1) The Homeland Security Advisory System had been raised 
     to threat level Code Orange, a level which indicates a high 
     risk of terrorist attack, on six occasions since the Advisory 
     System was created in March 2002, prior to the rasing of the 
     threat level to Code Orange following the bombings that 
     occurred in London on July 7, 2005.
       (2) The Code Orange threat level remained in place for an 
     average of 13 days on each of the first five occasions that 
     it was raised to that level.
       (3) The sixth elevation of the threat level to Code Orange 
     occurred in August 2004 and ended 98 days later, making it 
     four times longer than any other such alert and constituting 
     half of the days that the United States has been under a high 
     risk of terrorist attack.
       (4) The Conference of Mayors estimates that cities in the 
     United States spend some $70,000,000 per week to implement 
     security measures associated with the Code Orange threat 
     level.
       (5) The recommendation to elevate the threat level is made 
     by the Homeland Security Council, a group of Cabinet 
     officials and senior advisors to the President and Vice 
     President, (in this section referred to as the ``Council'').
       (6) In May 2005, Secretary of Homeland Security Tom Ridge 
     revealed that there was often considerable disagreement among 
     the members of the Council as to whether or not the threat 
     level should be raised.
       (7) There remains considerable confusion among the public 
     and State and local government officials as to the decision-
     making process and criteria used by the Council in deciding 
     whether the threat level should be raised to Code Orange.
       (b) Not later than 180 days after the date of the enactment 
     of this Act, the Comptroller General of the United States 
     shall conduct a study examining the six occasions in which 
     the Homeland Security Advisory System was raised to Code 
     Orange prior to July 2005 and submit to Congress a report on 
     such study.
       (c) The report required by subsection (b) shall include an 
     explanation and analysis of the decision-making process used 
     by the Council to raise the threat level to Code Orange in 
     each of the six instances prior to July 2005, including--
       (1) the criteria and standards used by the Council in 
     reaching its decision;
       (2) a description of deliberations and votes of the Council 
     were conducted, and whether any of the deliberations and 
     votes have been transcribed or were otherwise recorded in 
     some manner;
       (3) a description of the specific intelligence that led to 
     the decision to raise the threat level to Code Orange on each 
     of the six occasions, and what, if any, common factors or 
     trends in the intelligence reporting were present in each of 
     the previous decisions;
       (4) an explanation for the decision, on the sixth occasion, 
     for the threat level to remain elevated for 98 days, and what 
     role, if any, staff of the White House played in the decision 
     to raise the level on that occasion;
       (5) a description of the direct and indirect costs incurred 
     by cities, States, or the Federal Government after the threat 
     level was raised to Code Orange on each of the six occasions; 
     and
       (6) the recommendations of the Comptroller General of the 
     United States, if any, for improving the Homeland Security 
     Advisory System, including recommendations regarding--
       (A) measures that could be carried out to build greater 
     public awareness and confidence in the work of the Council;
       (B) whether the Council and the Secretary of Homeland 
     Security could benefit from greater transparency and the 
     development of more clearly articulated public standards in 
     the threat level decision-making process;
       (C) whether the current composition of the Council should 
     be modified to include representatives from the States; and
       (D) the measures that could be carried out to minimize the 
     costs to States and municipalities during periods when the 
     Homeland Security Advisory System is raised to level to Code 
     Orange.
       (d) The report required by subsection (b) shall be 
     submitted in an unclassified form and may include a 
     classified annex, if necessary.
                                 ______
                                 
  SA 1161. Mr. REID (for himself, Mr. Biden, and Mr. Kennedy) submitted 
an amendment intended to be proposed by him to the bill H.R. 2360, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Findings.--The Senate makes the following 
     findings:
       (1) The Joint Explanatory Statement to accompany the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     1090913) requires the Department of Defense to set forth in a 
     report to Congress a comprehensive set of performance 
     indicators and measures for progress toward military and 
     political stability in Iraq.
       (2) The report requires performance standards and goals for 
     security, economic, and security force training objectives in 
     Iraq together with a notional timetable for achieving these 
     goals.
       (3) In specific, the report required, at a minimum, the 
     following:
       (A) With respect to stability and security in Iraq, the 
     following:
       (i) Key measures of political stability, including the 
     important political milestones that must be achieved over the 
     next several years.
       (ii) The primary indicators of a stable security 
     environment in Iraq, such as number of engagements per day, 
     numbers of trained Iraqi forces, and trends relating to 
     numbers and types of ethnic and religious-based hostile 
     encounters.
       (iii) An assessment of the estimated strength of the 
     insurgency in Iraq and the extent to which it is composed of 
     non-Iraqi fighters.
       (iv) A description of all militias operating in Iraq, 
     including the number, size, equipment strength, military 
     effectiveness, sources of support, legal status, and efforts 
     to disarm or reintegrate each militia.
       (v) Key indicators of economic activity that should be 
     considered the most important for determining the prospects 
     of stability in Iraq, including--

       (I) unemployment levels;
       (II) electricity, water, and oil production rates; and
       (III) hunger and poverty levels.

       (vi) The criteria the Administration will use to determine 
     when it is safe to begin withdrawing United States forces 
     from Iraq.
       (B) With respect to the training and performance of 
     security forces in Iraq, the following:

[[Page S8024]]

       (i) The training provided Iraqi military and other Ministry 
     of Defense forces and the equipment used by such forces.
       (ii) Key criteria for assessing the capabilities and 
     readiness of the Iraqi military and other Ministry of Defense 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping 
     these forces), and the milestones and notional timetable for 
     achieving these goals.
       (iii) The operational readiness status of the Iraqi 
     military forces, including the type, number, size, and 
     organizational structure of Iraqi battalions that are--

       (I) capable of conducting counterinsurgency operations 
     independently;
       (II) capable of conducting counterinsurgency operations 
     with the support of United States or coalition forces; or
       (III) not ready to conduct counterinsurgency operations.

       (iv) The rates of absenteeism in the Iraqi military forces 
     and the extent to which insurgents have infiltrated such 
     forces.
       (v) The training provided Iraqi police and other Ministry 
     of Interior forces and the equipment used by such forces.
       (vi) Key criteria for assessing the capabilities and 
     readiness of the Iraqi police and other Ministry of Interior 
     forces, goals for achieving certain capability and readiness 
     levels (as well as for recruiting, training, and equipping), 
     and the milestones and notional timetable for achieving these 
     goals, including--

       (I) the number of police recruits that have received 
     classroom training and the duration of such instruction;
       (II) the number of veteran police officers who have 
     received classroom instruction and the duration of such 
     instruction;
       (III) the number of police candidates screened by the Iraqi 
     Police Screening Service, the number of candidates derived 
     from other entry procedures, and the success rates of those 
     groups of candidates;
       (IV) the number of Iraqi police forces who have received 
     field training by international police trainers and the 
     duration of such instruction; and
       (V) attrition rates and measures of absenteeism and 
     infiltration by insurgents.

       (vii) The estimated total number of Iraqi battalions needed 
     for the Iraqi security forces to perform duties now being 
     undertaken by coalition forces, including defending the 
     borders of Iraq and providing adequate levels of law and 
     order throughout Iraq.
       (viii) The effectiveness of the Iraqi military and police 
     officer cadres and the chain of command.
       (ix) The number of United States and coalition advisors 
     needed to support the Iraqi security forces and associated 
     ministries.
       (x) An assessment, in a classified annex if necessary, of 
     United States military requirements, including planned force 
     rotations, through the end of calendar year 2006.
       (3) The deadline for submittal of the report to Congress 
     was 60 days after the date of the enactment of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Tsunami Relief, 2005, that is July 11, 2005, 
     and every 90 days thereafter through the end of fiscal year 
     2006.
       (4) The report has not yet been received by Congress.
       (5) The availability of accurate data on key performance 
     indicators is critical to understanding whether the United 
     States strategy in Iraq is succeeding, and the substantial 
     resources provided by Congress, which total more than 
     $200,000,000,000 and an approximate monthly expenditure of 
     $5,000,000,000, with substantial resource expenditures still 
     to come, are being utilized effectively.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the information requested in the report described by 
     subsection (a) is critical--
       (A) to fulfilling the oversight obligations of Congress;
       (B) to ensuring the success of United States strategy in 
     Iraq;
       (C) to maximizing the effectiveness of the substantial 
     resources provided by Congress and the American people for 
     United States efforts in Iraq;
       (D) to identifying when the Iraqi security forces will be 
     able to assume responsibility for security in Iraq; and
       (E) to obtaining an estimate of the level of United States 
     troops that will be necessary in Iraq during 2005 and 2006, 
     and in any years thereafter;
       (2) the report should be provided by the Department of 
     Defense, as required by the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 as soon as possible; and
       (3) the Secretary of Defense should communicate to Congress 
     and the American people why the report was not submitted to 
     Congress by the original deadline for its submittal.
                                 ______
                                 
  SA 1162. Mr. KERRY (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       SEC. 519. Within 90 days after the date of enactment of 
     this Act, the Department of Homeland Security's Office of 
     Inspector General shall issue a report to the House and 
     Senate Committees on Appropriations, the House and Senate 
     Committees on Homeland Security, and the Senate Committee on 
     Commerce, Science, and Transportation regarding the steps the 
     Department has taken to comply with the recommendations of 
     the Inspector General's Report on the Port Security Grant 
     Program (OIG-05-10).
                                 ______
                                 
  SA 1163. Mrs. FEINSTEIN (for herself and Mr. Sessions) submitted an 
amendment intended to be proposed by her to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FRAUDULENT USE OF PASSPORTS.

       (a) Criminal Code.--
       (1) Secretary of homeland security.--Section 1546 of title 
     18, United States Code, is amended by striking ``the Attorney 
     General or the Commissioner of the Immigration and 
     Naturalization Service'' each place it appears and inserting 
     ``the Secretary of Homeland Security''.
       (2) Definition of passport.--Chapter 75 of title 18, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 1A1548. Definition

       ``For the purposes of sections 1543 and 1544, the term 
     `passport' means any passport or travel document issued by 
     the United States, a foreign government, or an international 
     organization.''.
       (3) Clerical amendment.--The table of sections for chapter 
     75 of title 18, United States Code, is amended by adding at 
     the end the following:

``Sec. 1548. Definition.''.

       (b) Immigration and Nationality Act.--Section 101(a)(43)(P) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(43)(P)) is amended to read as follows:
       ``(P) an offense described in--
       ``(i) section 1542, 1543, or 1544 of title 18, United 
     States Code, relating to false statements in the application, 
     forgery, or misuse of a passport or travel document;
       ``(ii) section 1546(a) of title 18, United States Code, 
     relating to the fraudulent use of any document used to gain 
     entry or admission into the United States, regardless of the 
     term of imprisonment; or
       ``(iii) section 1546(a) of title 18, United States Code, 
     relating to any other fraudulent use of documents not 
     described in clause (ii), including as evidence of authorized 
     stay or employment, for which the term of imprisonment is at 
     least 12 months.''.

                                 ______
                                 
  SA 1164. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$11,552,000,000''.
       On page 81, line 24, strike ``$615,000,000'' and insert 
     ``$4,000,000,000''.
       On page 81, line 24, strike ``$550,000,000'' and insert 
     ``$3,000,000,000''.
       On page 81, line 26, strike ``$65,000,000'' and insert 
     ``$1,000,000,000''.
       On page 82, line 12, strike ``$180,000,000'' and insert 
     ``$660,000,000''.
       On page 89, line 3, strike ``$194,000,000'' and insert 
     ``$690,994,000''.
       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. The total amount appropriated by title III for 
     the Office of the Under Secretary for Emergency Preparedness 
     and Response under the headings ``preparedness, mitigation, 
     response, and recovery (including recession of funds)'', 
     ``administrative and regional operations'', and ``public 
     health programs'' is increased by $2,845,766,000.
       Sec. 520. The Secretary of the Treasury shall take such 
     action as is necessary to reduce benefits provided by the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 to 
     individuals with an adjusted gross income of $1,000,000,000 
     or more that will result in an increase in revenue sufficient 
     to offset the increased funding provided for the first 
     responder and other programs made by section 518, this 
     section, and any related increases in funding.

                                 ______
                                 
  SA 1165. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 56, line 19, strike ``$124,620,000'' and insert 
     ``$115,160,000''.
       On page 57, line 1, strike ``$146,322,000'' and insert 
     ``$135,572,000''.
       On page 57, line 17, strike ``$18,325,000'' and insert 
     ``$17,035,000''.
       On page 57, line 22, strike ``$286,540,000'' and insert 
     ``$265,040,000''.

[[Page S8025]]

       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``2,737,300,000''.
       On page 79, line 22, strike the colon and insert a period.
       On page 79, between lines 22 and 23, insert the following:
       (7) $44,000,000 for interoperable communications equipment 
     grants:

                                 ______
                                 
  SA 1166. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 70, line 20, strike ``purposes.'' and insert the 
     following: ``purposes: Provided further, That MidAmerica St. 
     Louis Airport in Mascoutah, Illinois, shall be designated as 
     a port of entry.''.
                                 ______
                                 
  SA 1167. Mr. GRASSLEY (for himself and Mr. Hatch) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 88, line 13, strike the period at the end and 
     insert ``, of which $2,500,000 shall be available until 
     expended to carry out section 402(d)(2) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).''.
                                 ______
                                 
  SA 1168. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDMENT TO TITLE 18.

       (a) In General.--Chapter 2 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1A39. Violation of Washington, D.C. airspace

       ``Whoever negligently flies an aircraft in a manner that 
     violates the Washington, D.C. Metropolitan Area Flight 
     Restricted Zone (as defined by the Federal Aviation 
     Administration) and causes the evacuation a Federal building 
     or any other public property shall be subject to a fine of 
     $100,000, confiscation of the aircraft, and loss of the right 
     to fly in United States airspace for 5 years.''.
       (b) Chapter Analysis.--The table of sections for chapter 2 
     of title 18, United States Code, is amended by adding at the 
     end the following:

``Sec. 39. Violation of Washington, D.C. airspace.''.
                                 ______
                                 
  SA 1169. Mr. HAGEL submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, line 2, strike ``$4,452,318,000'' and insert 
     ``$4,440,318,000''.
       On page 70, line 24, strike ``$36,000,000'' and insert 
     ``$48,000,000''.
                                 ______
                                 
  SA 1170. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. The amount appropriated for salaries and expenses 
     by title II under the heading ``Immigration and Customs 
     Enforcement'' is increased by $61,666,500, all of which shall 
     be made available to hire and train an additional 500 full-
     time active duty Immigration and Cuistoms Enforcement 
     investigators.
                                 ______
                                 
  SA 1171. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519.(a) The amount appropriated for salaries and 
     expenses by title II under the heading ``Immigration and 
     Customs Enforcement'' is increased by $198,000,000, all of 
     which shall be made available to add an additional 5,760 
     detention beds in the United States.
       (b) The amount appropriated by title II for the United 
     States Coast Guard for the Integrated Deepwater Systems 
     program under the heading ``acquisition, construction, and 
     improvements'' is reduced by $198,000,000.
                                 ______
                                 
  SA 1172. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall designate the Natrona International Airport in Casper, 
     Wyoming, as an airport at which private aircraft described in 
     subsection (b) may land for processing by the United States 
     Customs and Border Protection in accordance with section 
     122.24(b) of title 19, Code of Federal Regulations, and such 
     airport shall not be treated as a user fee airport for 
     purposes of section 122.15 of title 19, Code of Federal 
     Regulations.
       (b) Private Aircraft.--Private aircraft described in this 
     subsection are private aircraft that--
       (1) arrive in the United States from a foreign area and 
     have a final destination in the United States of Natrona 
     International Airport in Casper, Wyoming; and
       (2) would otherwise be required to land for processing by 
     the United States Customs and Border Protection at an airport 
     listed in section 122.24(b) of title 19, Code of Federal 
     Regulations, in accordance with such section.
       (c) Definition.--In this section, the term ``private 
     aircraft'' has the meaning given such term in section 
     122.23(a)(1) of title 19, Code of Federal Regulations.
                                 ______
                                 
  SA 1173. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. It is the Sense of the Senate that the Director 
     of the Office for State and Local Government Coordination of 
     the Department of Homeland Security should coordinate with 
     the American Red Cross in developing a mass care plan for the 
     areas of the United States most at risk of being the target 
     of a terrorist attack.
                                 ______
                                 
  SA 1174. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 77, line 24, after ``formula-based grants'' insert 
     the following: ``and $50,000,000 shall be allocated to the 
     American Red Cross for use in its mass care catastrophic 
     planning initiative''
                                 ______
                                 
  SA 1175. Mr. THOMAS submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall designate an airport in each State as a port of entry.
                                 ______
                                 
  SA 1176. Mr. McCain submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, between lines 5 and 6, insert the following:


  PILOT PROGRAM FOR GROUND SURVEILLANCE TECHNOLOGY AND BORDER SECURITY

       Of the amounts appropriated under this title, such amounts 
     as may be necessary shall be made available to carry out the 
     pilot program for ground surveillance technology and border 
     security authorized by section 302 of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 8 
     U.S.C. 1712 note).
                                 ______
                                 
  SA 1177. Mr. CRAIG (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S8026]]

              TITLE--BORDER ENFORCEMENT AND VISA SECURITY

     SEC. _01. DOCUMENT AND VISA REQUIREMENTS.

       (a) In General.--Section 221(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(a)) is amended by adding at 
     the end the following:
       ``(3) Visas and immigration related document 
     requirements.--
       ``(A) Visas issued by the Secretary of State and 
     immigration related documents issued by the Secretary of 
     State or the Secretary of Homeland Security shall comply with 
     authentication and biometric standards recognized by domestic 
     and international standards organizations.
       ``(B) Such visas and documents shall--
       ``(i) be machine-readable and tamper-resistant;
       ``(ii) use biometric identifiers that are consistent with 
     the requirements of section 303 of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732), 
     and represent the benefits and status set forth in such 
     section;
       ``(iii) comply with the biometric and document identifying 
     standards established by the International Civil Aviation 
     Organization; and
       ``(iv) be compatible with the United States Visitor and 
     Immigrant Status Indicator Technology and the employment 
     verification system established under section 274E.
       ``(C) The information contained on the visas or immigration 
     related documents described in subparagraph (B) shall 
     include--
       ``(i) the alien's name, date and place of birth, alien 
     registration or visa number, and, if applicable, social 
     security number;
       ``(ii) the alien's citizenship and immigration status in 
     the United States; and
       ``(iii) the date that such alien's authorization to work in 
     the United States expires, if appropriate.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 26, 2007.

     SEC. _02. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

       (a) In General.--Chapter 8 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1321 et seq.) is amended by 
     inserting after section 274D the following:


                        ``EMPLOYMENT ELIGIBILITY

       ``Sec. 274E. (a) Employment Eligibility Confirmation 
     System.--
       ``(1) In general.--The Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security, shall establish an Employment Eligibility 
     Confirmation System (referred to in this section as the 
     `System') through which the Commissioner responds to 
     inquiries made by employers who have hired individuals 
     concerning each individual's identity and employment 
     authorization.
       ``(2) Maintenance of records.--The Commissioner shall 
     electronically maintain records by which compliance under the 
     System may be verified.
       ``(3) Objectives of the system.--The System shall--
       ``(A) facilitate the eventual transition for all businesses 
     from the employer verification system established in section 
     274A with the System;
       ``(B) utilize, as a central feature of the System, machine-
     readable documents that contain encrypted electronic 
     information to verify employment eligibility; and
       ``(C) provide for the evidence of employment required under 
     section 218A.
       ``(4) Initial response.--The System shall provide--
       ``(A) confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility not later 
     than 3 working days after the initial inquiry; and
       ``(B) an appropriate code indicating such confirmation or 
     tentative nonconfirmation.
       ``(5) Secondary verification process in case of tentative 
     nonconfirmation.--
       ``(A) Establishment.--For cases of tentative 
     nonconfirmation, the Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security, shall establish a secondary verification process. 
     The employer shall make the secondary verification inquiry 
     not later than 10 days after receiving a tentative 
     nonconfirmation.
       ``(B) Discrepancies.--If an employee chooses to contest a 
     secondary nonconfirmation, the employer shall provide the 
     employee with a referral letter and instruct the employee to 
     visit an office of the Department of Homeland Security or the 
     Social Security Administration to resolve the discrepancy not 
     later than 10 working days after the receipt of such referral 
     letter in order to obtain confirmation.
       ``(C) Failure to contest.--An individual's failure to 
     contest a confirmation shall not constitute knowledge (as 
     defined in section 274a.1(l) of title 8, Code of Federal 
     Regulations.
       ``(6) Design and operation of system.--The System shall be 
     designed, implemented, and operated--
       ``(A) to maximize its reliability and ease of use 
     consistent with protecting the privacy and security of the 
     underlying information through technical and physical 
     safeguards;
       ``(B) to allow employers to verify that a newly hired 
     individual is authorized to be employed;
       ``(C) to permit individuals to--
       ``(i) view their own records in order to ensure the 
     accuracy of such records; and
       ``(ii) contact the appropriate agency to correct any errors 
     through an expedited process established by the Commissioner 
     of Social Security, in consultation and coordination with the 
     Secretary of Homeland Security; and
       ``(D) to prevent discrimination based on national origin or 
     citizenship status under section 274B.
       ``(7) Unlawful uses of system.--It shall be an unlawful 
     immigration-related employment practice--
       ``(A) for employers or other third parties to use the 
     System selectively or without authorization;
       ``(B) to use the System prior to an offer of employment;
       ``(C) to use the System to exclude certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(D) to use the System to deny certain employment 
     benefits, otherwise interfere with the labor rights of 
     employees, or any other unlawful employment practice; or
       ``(E) to take adverse action against any person, including 
     terminating or suspending an employee who has received a 
     tentative nonconfirmation.
       ``(b) Employment Eligibility Database.--
       ``(1) Requirement.--The Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security and other appropriate agencies, shall design, 
     implement, and maintain an Employment Eligibility Database 
     (referred to in this section as the `Database') as described 
     in this subsection.
       ``(2) Data.--The Database shall include, for each 
     individual who is not a citizen or national of the United 
     States, but is authorized or seeking authorization to be 
     employed in the United States, the individual's--
       ``(A) country of origin;
       ``(B) immigration status;
       ``(C) employment eligibility;
       ``(D) occupation;
       ``(E) metropolitan statistical area of employment;
       ``(F) annual compensation paid;
       ``(G) period of employment eligibility;
       ``(H) employment commencement date; and
       ``(I) employment termination date.
       ``(3) Reverification of employment eligibility.--The 
     Commissioner of Social Security shall prescribe, by 
     regulation, a system to annually reverify the employment 
     eligibility of each individual described in this section--
       ``(A) by utilizing the machine-readable documents described 
     in section 221(a)(3); or
       ``(B) if machine-readable documents are not available, by 
     telephonic or electronic communication.
       ``(4) Confidentiality.--
       ``(A) Access to database.--No officer or employee of any 
     agency or department of the United States, other than 
     individuals responsible for the verification of employment 
     eligibility or for the evaluation of the employment 
     verification program at the Social Security Administration, 
     the Department of Homeland Security, and the Department of 
     Labor, may have access to any information contained in the 
     Database.
       ``(B) Protection from unauthorized disclosure.--Information 
     in the Database shall be adequately protected against 
     unauthorized disclosure for other purposes, as provided in 
     regulations established by the Commissioner of Social 
     Security, in consultation with the Secretary of Homeland 
     Security and the Secretary of Labor.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to design, implement, and maintain the Database.
       ``(c) Gradual Implementation.--The Commissioner of Social 
     Security, in coordination with the Secretary of Homeland 
     Security and the Secretary of Labor shall develop a plan to 
     phase all workers into the Database and phase out the 
     employer verification system established in section 274A over 
     a period of time that the Commissioner determines to be 
     appropriate.
       ``(d) Employer Responsibilities.--Each employer shall--
       ``(1) notify employees and prospective employees of the use 
     of the System and that the System may be used for immigration 
     enforcement purposes;
       ``(2) verify the identification and employment 
     authorization status for newly hired individuals not later 
     than 3 days after the date of hire;
       ``(3) use--
       ``(A) a machine-readable document described in subsection 
     (a)(3)(B); or
       ``(B) the telephonic or electronic system to access the 
     Database;
       ``(4) provide, for each employee hired, the occupation, 
     metropolitan statistical area of employment, and annual 
     compensation paid;
       ``(5) retain the code received indicating confirmation or 
     nonconfirmation, for use in investigations; and
       ``(6) provide a copy of the employment verification receipt 
     to such employees.
       ``(e) Good-Faith Compliance.--
       ``(1) Affirmative defense.--A person or entity that 
     establishes good faith compliance with the requirements of 
     this section with respect to the employment of an individual 
     in the United States has established an affirmative defense 
     that the person or entity has not violated this section.
       ``(2) Limitation.--Paragraph (1) shall not apply if a 
     person or entity engages in an unlawful immigration-related 
     employment practice described in subsection (a)(7).''.

[[Page S8027]]

       (b) Interim Directive.--Before the implementation of the 
     Employment Eligibility Confirmation System (referred to in 
     this section as the ``System'') established under section 
     274E of the Immigration and Nationality Act, as added by 
     subsection (a), the Commissioner of Social Security, in 
     coordination with the Secretary of Homeland Security, shall, 
     to the maximum extent practicable, implement an interim 
     system to confirm employment eligibility that is consistent 
     with the provisions of such section.
       (c) Reports.--
       (1) In general.--Not later than 3 months after the last day 
     of the second year and of the third year that the System is 
     in effect, the Comptroller General of the United States shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on the System.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an assessment of the impact of the System on the 
     employment of unauthorized workers;
       (B) an assessment of the accuracy of the Employment 
     Eligibility Database maintained by the Department of Homeland 
     Security and Social Security Administration databases, and 
     timeliness and accuracy of responses from the Department of 
     Homeland Security and the Social Security Administration to 
     employers;
       (C) an assessment of the privacy, confidentiality, and 
     system security of the System;
       (D) assess whether the System is being implemented in a 
     nondiscriminatory manner; and
       (E) include recommendations on whether or not the System 
     should be modified.

     SEC. _03. IMPROVED ENTRY AND EXIT DATA SYSTEM.

       Section 110 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``Justice'' and 
     inserting ``Homeland Security'';
       (B) in paragraph (4), by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) collects the biometric machine-readable information 
     from an alien's visa or immigration-related document 
     described in section 221(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(a)(3) at the time an alien 
     arrives in the United States and at the time an alien departs 
     from the United States to determine if such alien is 
     entering, or is present in, the United States unlawfully.''; 
     and
       (3) in subsection (f)(1), by striking ``Departments of 
     Justice and State'' and inserting ``Department of Homeland 
     Security and the Department of State''.

     SEC. _04. DOCUMENT FRAUD DETECTION.

       (a) Training.--The Secretary of Homeland Security shall 
     provide all customs and border protection officers with 
     training in identifying and detecting fraudulent travel 
     documents. Such training shall be developed in consultation 
     with the Forensic Document Laboratory of the Immigration and 
     Customs Enforcement.
       (b) Access to Forensic Document Laboratory.--The Secretary 
     of Homeland Security shall provide all customs and border 
     protection officers with access to the Forensic Document 
     Laboratory.

     SEC. _05. CANCELLATION OF VISAS.

       Section 222(g) of the Immigration and Nationality Act (8 
     U.S.C. 1202(g)) is amended--
       (1) in paragraph (1), by inserting ``and any other 
     nonimmigrant visa issued by the United States that is in the 
     possession of the alien'' after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.

     SEC. _06. INSTITUTIONAL REMOVAL PROGRAM.

       (a) Continuation and Expansion.--
       (1) In general.--The Attorney General and the Secretary of 
     Homeland Security shall continue to operate and implement the 
     Institutional Removal Program, which identifies removable 
     criminal aliens in Federal and State correctional facilities, 
     ensures such aliens are not released into the community, and 
     removes such aliens from the United States after the 
     completion of their sentences.
       (2) Expansion.--The Institutional Removal Program shall be 
     made available to all States.
       (3) Cooperation, identification, and notification.--Any 
     State that receives Federal funds for the incarceration of 
     criminal aliens shall--
       (A) cooperate with Federal Institutional Removal Program 
     officials;
       (B) expeditiously and systematically identify criminal 
     aliens in its prison and jail populations; and
       (C) promptly convey such information to authorities of the 
     Institutional Removal Program as a condition for receiving 
     such funds.
       (b) Technology Usage.--Technology, such as 
     videoconferencing, shall be used to the maximum extent 
     practicable in order to make the Institutional Removal 
     Program available to facilities in remote locations.

 TITLE--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY ACT OF 
                                  2005

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2005'' or the 
     ``AgJOBS Act of 2005''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (3) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 1 or more hours in agriculture 
     consistent with the definition of ``man-day'' under section 
     3(u) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     203(u)).

                Subtitle A--Adjustment to Lawful Status

     SEC. _11. AGRICULTURAL WORKERS.

       (a) Temporary Resident Status.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer upon an alien who qualifies 
     under this subsection the status of an alien lawfully 
     admitted for temporary residence if the Secretary determines 
     that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 575 hours or 100 work days, whichever is 
     less, during any 12 consecutive months during the 18-month 
     period ending on December 31, 2004;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--During the period an alien is in 
     lawful temporary resident status granted under this 
     subsection, the alien has the right to travel abroad 
     (including commutation from a residence abroad) in the same 
     manner as an alien lawfully admitted for permanent residence.
       (3) Authorized employment.--During the period an alien is 
     in lawful temporary resident status granted under this 
     subsection, the alien shall be provided an ``employment 
     authorized'' endorsement or other appropriate work permit, in 
     the same manner as an alien lawfully admitted for permanent 
     residence.
       (4) Termination of temporary resident status.--
       (A) In general.--During the period of temporary resident 
     status granted an alien under this subsection, the Secretary 
     may terminate such status only upon a determination under 
     this Act that the alien is deportable.
       (B) Grounds for termination of temporary resident status.--
     Before any alien becomes eligible for adjustment of status 
     under subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     temporary resident status granted such alien under paragraph 
     (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to temporary resident status 
     was the result of fraud or willful misrepresentation (as 
     described in section 212(a)(6)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--

[[Page S8028]]

       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of 
     enactment of this Act.
       (b) Rights of Aliens Granted Temporary Resident Status.--
       (1) In general.--Except as otherwise provided in this 
     subsection, an alien who acquires the status of an alien 
     lawfully admitted for temporary residence under subsection 
     (a), such status not having changed, shall be considered to 
     be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien who acquires the status of an alien 
     lawfully admitted for temporary residence under subsection 
     (a) as described in paragraph (1) shall not be eligible, by 
     reason of such acquisition of that status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers permanent resident status upon 
     that alien under subsection (a).
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted temporary resident 
     status under subsection (a) may be terminated from employment 
     by any employer during the period of temporary resident 
     status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition in accordance with this subparagraph of 
     complaints by aliens granted temporary resident status under 
     subsection (a) who allege that they have been terminated 
     without just cause. No proceeding shall be conducted under 
     this subparagraph with respect to a termination unless the 
     Secretary determines that the complaint was filed not later 
     than 6 months after the date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted temporary resident status under 
     subsection (a) without just cause, the Secretary shall credit 
     the alien for the number of days or hours of work lost for 
     purposes of the requirement of subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted temporary resident status under subsection (a) has 
     failed to provide the record of employment required under 
     subsection (a)(5) or has provided a false statement of 
     material fact in such a record, the employer shall be subject 
     to a civil money penalty in an amount not to exceed $1,000 
     per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     lawful temporary resident status under subsection (a) to that 
     of an alien lawfully admitted for permanent residence if the 
     Secretary determines that the following requirements are 
     satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least 360 work days or 2,060 hours, but in no case less than 
     2,060 hours, of agricultural employment in the United States, 
     during the 6-year period beginning after the date of 
     enactment of this Act.
       (ii) Qualifying years.--The alien has performed at least 75 
     work days or 430 hours, but in no case less than 430 hours, 
     of agricultural employment in the United States in at least 3 
     nonoverlapping periods of 12 consecutive months during the 6-
     year period beginning after the date of enactment of this 
     Act. Qualifying periods under this clause may include 
     nonconsecutive 12-month periods.
       (iii) Qualifying work in first 3 years.--The alien has 
     performed at least 240 work days or 1,380 hours, but in no 
     case less than 1,380 hours, of agricultural employment during 
     the 3-year period beginning after the date of enactment of 
     this Act.
       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of enactment 
     of this Act.
       (v) Proof.--In meeting the requirements of clauses (i), 
     (ii), and (iii), an alien may submit the record of employment 
     described in subsection (a)(5) or such documentation as may 
     be submitted under subsection (d)(3).
       (vi) Disability.--In determining whether an alien has met 
     the requirements of clauses (i), (ii), and (iii), the 
     Secretary shall credit the alien with any work days lost 
     because the alien was unable to work in agricultural 
     employment due to injury or disease arising out of and in the 
     course of the alien's agricultural employment, if the alien 
     can establish such disabling injury or disease through 
     medical records.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the temporary resident 
     status granted such alien under subsection (a), if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to temporary resident status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (C) Grounds for removal.--Any alien granted temporary 
     resident status under subsection (a) who does not apply for 
     adjustment of status under this subsection before the 
     expiration of the application period described in 
     subparagraph (A)(iv), or who fails to meet the other 
     requirements of subparagraph (A) by the end of the applicable 
     period, is deportable and may be removed under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a). The 
     Secretary shall issue regulations establishing grounds to 
     waive subparagraph (A)(iii) with respect to an alien who has 
     completed at least 200 days of the work requirement specified 
     in such subparagraph in the event of a natural disaster which 
     substantially limits the availability of agricultural 
     employment or a personal emergency that prevents compliance 
     with such subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted 
     temporary resident status, if the spouse or minor child 
     applies for such status, or if the principal alien includes 
     the spouse or minor child in an application for adjustment of 
     status to that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--A spouse and minor child of an alien 
     granted temporary resident status under subsection (a) may 
     not be--

[[Page S8029]]

       (i) removed while such alien maintains such status, except 
     as provided in subparagraph (C); and
       (ii) granted authorization to engage in employment in the 
     United States or be provided an ``employment authorized'' 
     endorsement or other work permit, unless such employment 
     authorization is granted under another provision of law.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (d) Applications.--
       (1) To whom may be made.--
       (A) Within the united states.--The Secretary shall provide 
     that--
       (i) applications for temporary resident status under 
     subsection (a) may be filed--

       (I) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (II) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and

       (ii) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (B) Outside the united states.--The Secretary, in 
     cooperation with the Secretary of State, shall establish a 
     procedure whereby an alien may apply for temporary resident 
     status under subsection (a) at an appropriate consular office 
     outside the United States.
       (C) Preliminary applications.--
       (i) In general.--During the application period described in 
     subsection (a)(1)(B), the Secretary may grant admission to 
     the United States as a temporary resident and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for such status under subsection (a) at a 
     designated port of entry on the southern land border of the 
     United States. An alien who does not enter through a port of 
     entry is subject to deportation and removal as otherwise 
     provided in this Act.
       (ii) Definition.--For purposes of clause (i), the term 
     ``preliminary application'' means a fully completed and 
     signed application which contains specific information 
     concerning the performance of qualifying employment in the 
     United States, together with the payment of the appropriate 
     fee and the submission of photographs and the documentary 
     evidence which the applicant intends to submit as proof of 
     such employment.
       (iii) Eligibility.--An applicant under clause (i) shall 
     otherwise be admissible to the United States under subsection 
     (e)(2) and shall establish to the satisfaction of the 
     examining officer during an interview that the applicant's 
     claim to eligibility for temporary resident status is 
     credible.
       (D) Travel documentation.--The Secretary shall provide each 
     alien granted status under this section with a counterfeit-
     resistant document of authorization to enter or reenter the 
     United States that meets the requirements established by the 
     Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 8909732, 
     Public Law 9509145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this Act 
     as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or (c)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) or (c)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A) or (c)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) or 
     (c)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department of Homeland Security, or bureau or 
     agency thereof, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department of Homeland Security, or bureau 
     or agency thereof, or, with respect to applications filed 
     with a qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     of Homeland Security pertaining to an application filed under 
     this section, other than information furnished by an 
     applicant pursuant to the application, or any other 
     information derived from the application, that is not 
     available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 10409134 (110 Stat. 13210953 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and

[[Page S8030]]

       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) 
     shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     temporary resident status under subsection (a) (but for the 
     fact that the alien may not apply for such status until the 
     beginning of such period), until the alien has had the 
     opportunity during the first 30 days of the application 
     period to complete the filing of an application for temporary 
     resident status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for temporary resident status under subsection 
     (a) during the application period described in subsection 
     (a)(1)(B), including an alien who files such an application 
     within 30 days of the alien's apprehension, and until a final 
     determination on the application has been made in accordance 
     with this section, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2006 through 2009.

     SEC. _12. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted status as a lawful temporary resident 
     under the Agricultural Job Opportunity, Benefits, and 
     Security Act of 2005,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted lawful temporary resident status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of enactment of this Act.

               Subtitle B--Reform of H-2A Worker Program

     SEC. _21. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--The Immigration and Nationality Act is 
     amended by striking section 218 (8 U.S.C. 1188) and inserting 
     the following:


                      ``H-2A EMPLOYER APPLICATIONS

       ``Sec. 218. (a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or

[[Page S8031]]

     the nonimmigrants are, sought and who will be available at 
     the time and place of need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer seeks approval to employ H-2A workers.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H-2A worker in a temporary or seasonal agricultural 
     job opportunity, the employer shall advertise the 
     availability of the job opportunities for which the employer 
     is seeking workers in a publication in the local labor market 
     that is likely to be patronized by potential farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H-2A workers in order to force the hiring of United States 
     workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A through 218C.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a

[[Page S8032]]

     list (by employer and by occupational classification) of the 
     applications filed under this subsection. Such list shall 
     include the wage rate, number of workers sought, period of 
     intended employment, and date of need. The Secretary of Labor 
     shall make such list available for examination in the 
     District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.


                     ``H-2A EMPLOYMENT REQUIREMENTS

       ``Sec. 218A. (a) Preferential Treatment of Aliens 
     Prohibited.--Employers seeking to hire United States workers 
     shall offer the United States workers no less than the same 
     benefits, wages, and working conditions that the employer is 
     offering, intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for the employer, or to the place of 
     next employment, if the worker has contracted with a 
     subsequent employer who has not agreed to provide or pay for 
     the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of enactment of 
     the Agricultural Job Opportunity, Benefits, and Security Act 
     of 2005 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually

[[Page S8033]]

     adjusted, beginning on March 1, 2006, by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(ii) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     enactment of this section, and each March 1 thereafter, the 
     adverse effect wage rate then in effect for each State shall 
     be adjusted by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than June 1, 
     2007, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than June 1, 2007, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `three-fourths guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including but not limited to a flood, hurricane, 
     freeze, earthquake, fire, drought, plant or animal disease or 
     pest infestation, or regulatory drought, before the guarantee 
     in subparagraph (A) is fulfilled, the employer may terminate 
     the worker's employment. In the event of such termination, 
     the employer shall fulfill the employment guarantee in 
     subparagraph (A) for the work days that have elapsed from the 
     first work day after the arrival of the worker to the 
     termination of employment. In such cases, the employer will 
     make efforts to transfer the United States worker to other 
     comparable employment acceptable to the worker. If such 
     transfer is not effected, the employer shall provide the 
     return transportation required in paragraph (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other

[[Page S8034]]

     applicable Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.


    ``PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS

       ``Sec. 218B. (a) Petitioning for Admission.--An employer, 
     or an association acting as an agent or joint employer for 
     its members, that seeks the admission into the United States 
     of an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall promptly issue a visa to, and the Secretary shall 
     admit into the United States, an eligible alien designated by 
     the employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition

[[Page S8035]]

     under paragraph (1) on the date on which the petition is 
     filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders.--
     Notwithstanding any provision of the Agricultural Job 
     Opportunity, Benefits, and Security Act of 2005, aliens 
     admitted under section 101(a)(15)(H)(ii)(a) for employment as 
     sheepherders--
       ``(1) may be admitted for a period of 12 months;
       ``(2) may be extended for a continuous period of up to 3 
     years; and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) relating to periods of absence from the 
     United States.


          ``WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT

       ``Sec. 218C. (a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (H). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and

[[Page S8036]]

     giving of notice to the parties, the parties shall attempt 
     mediation within the period specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and H-2A employer reached through the mediation process 
     required under subsection (c)(1) shall preclude any right of 
     action arising out of the same facts between the parties in 
     any Federal or State court or administrative proceeding, 
     unless specifically provided otherwise in the settlement 
     agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization to Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of subsection (d) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.


                             ``DEFINITIONS

       ``Sec. 218D. For purposes of sections 218 through 218D:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A(h)(3)).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any

[[Page S8037]]

     farm labor contractor and any agricultural association, that 
     employs workers in agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2a worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.

                  Subtitle C--Miscellaneous Provisions

     SEC. _31. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this title and the amendments made by this 
     title, and a collection process for such fees from employers 
     participating in the program provided under this Act. Such 
     fees shall be the only fees chargeable to employers for 
     services provided under this Act.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as added by section _21 
     of this Act, and sufficient to provide for the direct costs 
     of providing services related to an employer's authorization 
     to employ eligible aliens pursuant to this Act, to include 
     the certification of eligible employers, the issuance of 
     documentation, and the admission of eligible aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as added by section _21 of this Act, and the provisions 
     of this Act.

     SEC. _32. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this title and the amendments made by this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     title and the amendments made by this title.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this title and the amendments 
     made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, and 218C of the Immigration and Nationality Act, 
     as added by section _21 of this Act, shall take effect on the 
     effective date of section _21 and shall be issued not later 
     than 1 year after the date of enactment of this Act.

     SEC. _33. RELIGIOUS ORGANIZATIONS.

       Section 274(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(1)) is amended by adding at the end the 
     following:
       ``(C) It is not a violation of clauses (ii), (iii), or (iv) 
     of subparagraph (A) for a religious denomination described in 
     section 101(a)(27)(C)(i) or an affiliated religious 
     organization described in section 101(a)(27)(C)(ii)(III), or 
     their agents or officers, to encourage, invite, call, allow, 
     or enable an alien who is present in the United States in 
     violation of law to carry on the vocation described in 
     section 101(a)(27)(C)(ii)(I), as a volunteer who is not 
     compensated as an employee, notwithstanding the provision of 
     room, board, travel, and other basic living expenses.''.

     SEC. _34. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided, sections _21 
     and _31 shall take effect 1 year after the date of enactment 
     of this Act.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the appropriate committees of Congress a report that 
     describes the measures being taken and the progress made in 
     implementing this title.
                                 ______
                                 
  SA 1178. Mr. CRAIG (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

 TITLE_--AGRICULTURAL JOB OPPORTUNITIES, BENEFITS, AND SECURITY ACT OF 
                                  2005

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2005'' or the 
     ``AgJOBS Act of 2005''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Agricultural employment.--The term ``agricultural 
     employment'' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (2) Employer.--The term ``employer'' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       (3) Job opportunity.--The term ``job opportunity'' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Temporary.--A worker is employed on a ``temporary'' 
     basis where the employment is intended not to exceed 10 
     months.
       (6) United states worker.--The term ``United States 
     worker'' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 1 or more hours in agriculture 
     consistent with the definition of ``man-day''

[[Page S8038]]

     under section 3(u) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 203(u)).

                Subtitle A--Adjustment to Lawful Status

     SEC. _11. AGRICULTURAL WORKERS.

       (a) Temporary Resident Status.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer upon an alien who qualifies 
     under this subsection the status of an alien lawfully 
     admitted for temporary residence if the Secretary determines 
     that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 575 hours or 100 work days, whichever is 
     less, during any 12 consecutive months during the 18-month 
     period ending on December 31, 2004;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--During the period an alien is in 
     lawful temporary resident status granted under this 
     subsection, the alien has the right to travel abroad 
     (including commutation from a residence abroad) in the same 
     manner as an alien lawfully admitted for permanent residence.
       (3) Authorized employment.--During the period an alien is 
     in lawful temporary resident status granted under this 
     subsection, the alien shall be provided an ``employment 
     authorized'' endorsement or other appropriate work permit, in 
     the same manner as an alien lawfully admitted for permanent 
     residence.
       (4) Termination of temporary resident status.--
       (A) In general.--During the period of temporary resident 
     status granted an alien under this subsection, the Secretary 
     may terminate such status only upon a determination under 
     this Act that the alien is deportable.
       (B) Grounds for termination of temporary resident status.--
     Before any alien becomes eligible for adjustment of status 
     under subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     temporary resident status granted such alien under paragraph 
     (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to temporary resident status 
     was the result of fraud or willful misrepresentation (as 
     described in section 212(a)(6)(C)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of 
     enactment of this Act.
       (b) Rights of Aliens Granted Temporary Resident Status.--
       (1) In general.--Except as otherwise provided in this 
     subsection, an alien who acquires the status of an alien 
     lawfully admitted for temporary residence under subsection 
     (a), such status not having changed, shall be considered to 
     be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien who acquires the status of an alien 
     lawfully admitted for temporary residence under subsection 
     (a) as described in paragraph (1) shall not be eligible, by 
     reason of such acquisition of that status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers permanent resident status upon 
     that alien under subsection (a).
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted temporary resident 
     status under subsection (a) may be terminated from employment 
     by any employer during the period of temporary resident 
     status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition in accordance with this subparagraph of 
     complaints by aliens granted temporary resident status under 
     subsection (a) who allege that they have been terminated 
     without just cause. No proceeding shall be conducted under 
     this subparagraph with respect to a termination unless the 
     Secretary determines that the complaint was filed not later 
     than 6 months after the date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted temporary resident status under 
     subsection (a) without just cause, the Secretary shall credit 
     the alien for the number of days or hours of work lost for 
     purposes of the requirement of subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted temporary resident status under subsection (a) has 
     failed to provide the record of employment required under 
     subsection (a)(5) or has provided a false statement of 
     material fact in such a record, the employer shall be subject 
     to a civil money penalty in an amount not to exceed $1,000 
     per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     lawful temporary resident status under subsection (a) to that 
     of an alien lawfully admitted for permanent residence if the 
     Secretary determines that the following requirements are 
     satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least 360 work days or 2,060 hours, but in no case less than 
     2,060 hours, of agricultural employment in the United States, 
     during the 6-year period beginning after the date of 
     enactment of this Act.
       (ii) Qualifying years.--The alien has performed at least 75 
     work days or 430 hours, but in no case less than 430 hours, 
     of agricultural employment in the United States in at least 3 
     nonoverlapping periods of 12 consecutive months during the 6-
     year period beginning after the date of enactment of this 
     Act. Qualifying periods under this clause may include 
     nonconsecutive 12-month periods.
       (iii) Qualifying work in first 3 years.--The alien has 
     performed at least 240 work days or 1,380 hours, but in no 
     case less than 1,380 hours, of agricultural employment during 
     the 3-year period beginning after the date of enactment of 
     this Act.
       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of enactment 
     of this Act.

[[Page S8039]]

       (v) Proof.--In meeting the requirements of clauses (i), 
     (ii), and (iii), an alien may submit the record of employment 
     described in subsection (a)(5) or such documentation as may 
     be submitted under subsection (d)(3).
       (vi) Disability.--In determining whether an alien has met 
     the requirements of clauses (i), (ii), and (iii), the 
     Secretary shall credit the alien with any work days lost 
     because the alien was unable to work in agricultural 
     employment due to injury or disease arising out of and in the 
     course of the alien's agricultural employment, if the alien 
     can establish such disabling injury or disease through 
     medical records.
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the temporary resident 
     status granted such alien under subsection (a), if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to temporary resident status was the 
     result of fraud or willful misrepresentation, as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (C) Grounds for removal.--Any alien granted temporary 
     resident status under subsection (a) who does not apply for 
     adjustment of status under this subsection before the 
     expiration of the application period described in 
     subparagraph (A)(iv), or who fails to meet the other 
     requirements of subparagraph (A) by the end of the applicable 
     period, is deportable and may be removed under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a). The 
     Secretary shall issue regulations establishing grounds to 
     waive subparagraph (A)(iii) with respect to an alien who has 
     completed at least 200 days of the work requirement specified 
     in such subparagraph in the event of a natural disaster which 
     substantially limits the availability of agricultural 
     employment or a personal emergency that prevents compliance 
     with such subparagraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted 
     temporary resident status, if the spouse or minor child 
     applies for such status, or if the principal alien includes 
     the spouse or minor child in an application for adjustment of 
     status to that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--A spouse and minor child of an alien 
     granted temporary resident status under subsection (a) may 
     not be--
       (i) removed while such alien maintains such status, except 
     as provided in subparagraph (C); and
       (ii) granted authorization to engage in employment in the 
     United States or be provided an ``employment authorized'' 
     endorsement or other work permit, unless such employment 
     authorization is granted under another provision of law.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (e)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (d) Applications.--
       (1) To whom may be made.--
       (A) Within the united states.--The Secretary shall provide 
     that--
       (i) applications for temporary resident status under 
     subsection (a) may be filed--

       (I) with the Secretary, but only if the applicant is 
     represented by an attorney; or
       (II) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and

       (ii) applications for adjustment of status under subsection 
     (c) shall be filed directly with the Secretary.
       (B) Outside the united states.--The Secretary, in 
     cooperation with the Secretary of State, shall establish a 
     procedure whereby an alien may apply for temporary resident 
     status under subsection (a) at an appropriate consular office 
     outside the United States.
       (C) Preliminary applications.--
       (i) In general.--During the application period described in 
     subsection (a)(1)(B), the Secretary may grant admission to 
     the United States as a temporary resident and provide an 
     ``employment authorized'' endorsement or other appropriate 
     work permit to any alien who presents a preliminary 
     application for such status under subsection (a) at a 
     designated port of entry on the southern land border of the 
     United States. An alien who does not enter through a port of 
     entry is subject to deportation and removal as otherwise 
     provided in this Act.
       (ii) Definition.--For purposes of clause (i), the term 
     ``preliminary application'' means a fully completed and 
     signed application which contains specific information 
     concerning the performance of qualifying employment in the 
     United States, together with the payment of the appropriate 
     fee and the submission of photographs and the documentary 
     evidence which the applicant intends to submit as proof of 
     such employment.
       (iii) Eligibility.--An applicant under clause (i) shall 
     otherwise be admissible to the United States under subsection 
     (e)(2) and shall establish to the satisfaction of the 
     examining officer during an interview that the applicant's 
     claim to eligibility for temporary resident status is 
     credible.
       (D) Travel documentation.--The Secretary shall provide each 
     alien granted status under this section with a counterfeit-
     resistant document of authorization to enter or reenter the 
     United States that meets the requirements established by the 
     Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (a), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 8909732, 
     Public Law 9509145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this Act 
     as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (a)(1)(A) or (c)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (a)(1) or (c)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (a)(1)(A) or (c)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (a)(1)(A) or 
     (c)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department of Homeland Security, or bureau or 
     agency thereof, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department of Homeland Security, or bureau 
     or agency thereof, or, with respect to applications filed 
     with a qualified designated entity, that

[[Page S8040]]

     qualified designated entity, to examine individual 
     applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     of Homeland Security pertaining to an application filed under 
     this section, other than information furnished by an 
     applicant pursuant to the application, or any other 
     information derived from the application, that is not 
     available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (a) or 
     (c) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 10409134 (110 Stat. 13210953 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (a) and (c).
       (e) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (a)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (c)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7)(A), and (9)(B) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)) 
     shall not apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (f) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (a)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     temporary resident status under subsection (a) (but for the 
     fact that the alien may not apply for such status until the 
     beginning of such period), until the alien has had the 
     opportunity during the first 30 days of the application 
     period to complete the filing of an application for temporary 
     resident status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for temporary resident status under subsection 
     (a) during the application period described in subsection 
     (a)(1)(B), including an alien who files such an application 
     within 30 days of the alien's apprehension, and until a final 
     determination on the application has been made in accordance 
     with this section, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (g) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (a) or (c) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (h) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (a)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (i) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (j) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2006 through 2009.

     SEC. _12. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(d)(1) of the Social Security 
     Act (42 U.S.C. 408(d)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted status as a lawful temporary resident 
     under the Agricultural Job Opportunity, Benefits, and 
     Security Act of 2005,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to

[[Page S8041]]

     have occurred before the date on which the alien was granted 
     lawful temporary resident status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of enactment of this Act.

               Subtitle B--Reform of H092A Worker Program

     SEC. _21. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       (a) In General.--The Immigration and Nationality Act is 
     amended by striking section 218 (8 U.S.C. 1188) and inserting 
     the following:


                     ``H092A EMPLOYER APPLICATIONS

       ``Sec. 218. (a) Applications to the Secretary of Labor.--
       ``(1) In general.--No alien may be admitted to the United 
     States as an H092A worker, or otherwise provided status as an 
     H092A worker, unless the employer has filed with the 
     Secretary of Labor an application containing--
       ``(A) the assurances described in subsection (b);
       ``(B) a description of the nature and location of the work 
     to be performed;
       ``(C) the anticipated period (expected beginning and ending 
     dates) for which the workers will be needed; and
       ``(D) the number of job opportunities in which the employer 
     seeks to employ the workers.
       ``(2) Accompanied by job offer.--Each application filed 
     under paragraph (1) shall be accompanied by a copy of the job 
     offer describing the wages and other terms and conditions of 
     employment and the bona fide occupational qualifications that 
     shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(b) Assurances for Inclusion in Applications.--The 
     assurances referred to in subsection (a)(1) are the 
     following:
       ``(1) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(A) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(B) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H092A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       ``(C) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this paragraph to the bargaining 
     representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(D) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H092A worker is not 
     vacant because the former occupant is on strike or being 
     locked out in the course of a labor dispute.
       ``(B) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(C) Benefit, wage, and working conditions.--The employer 
     will provide, at a minimum, the benefits, wages, and working 
     conditions required by section 218A to all workers employed 
     in the job opportunities for which the employer has applied 
     under subsection (a) and to all other workers in the same 
     occupation at the place of employment.
       ``(D) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer seeks approval to employ H092A 
     workers.
       ``(E) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(iii) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H092A workers.
       ``(F) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     subparagraph (E) of an employer if the other employer 
     described in such subparagraph displaces a United States 
     worker as described in such subparagraph.
       ``(G) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(H) Employment of united states workers.--
       ``(i) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H092A nonimmigrant is, or H092A 
     nonimmigrants are, sought:

       ``(I) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before the worker completed the 
     period of employment of the job opportunity for which the 
     worker was hired.
       ``(II) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an 
     H092A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in subsection (a)(2) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(III) Advertising of job opportunities.--Not later than 
     14 days before the date on which the employer desires to 
     employ an H092A worker in a temporary or seasonal 
     agricultural job opportunity, the employer shall advertise 
     the availability of the job opportunities for which the 
     employer is seeking workers in a publication in the local 
     labor market that is likely to be patronized by potential 
     farm workers.
       ``(IV) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H092A workers could not reasonably have 
     been foreseen.

       ``(ii) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(iii) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(I) Prohibition.--No person or entity shall willfully and 
     knowingly withhold United States workers before the arrival 
     of H092A workers in order to force the hiring of United 
     States workers under this clause.
       ``(II) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of subclause (I) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, within 36 hours of the receipt of 
     the complaint, issue findings concerning the alleged 
     violation. If the Secretary of Labor finds that a violation 
     has occurred, the Secretary of Labor shall immediately 
     suspend the application of this clause with respect to that 
     certification for that date of need.
       ``(III) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding subclause (I), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending

[[Page S8042]]

     with the job service that offer similar job opportunities in 
     the area of intended employment.

       ``(iv) Statutory construction.--Nothing in this 
     subparagraph shall be construed to prohibit an employer from 
     using such legitimate selection criteria relevant to the type 
     of job that are normal or customary to the type of job 
     involved so long as such criteria are not applied in a 
     discriminatory manner.
       ``(c) Applications by Associations on Behalf of Employer 
     Members.--
       ``(1) In general.--An agricultural association may file an 
     application under subsection (a) on behalf of 1 or more of 
     its employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section and sections 218A through 218C.
       ``(2) Treatment of associations acting as employers.--If an 
     association filing an application under paragraph (1) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under subsection (e)(2)(B) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(d) Withdrawal of Applications.--
       ``(1) In general.--An employer may withdraw an application 
     filed pursuant to subsection (a), except that if the employer 
     is an agricultural association, the association may withdraw 
     an application filed pursuant to subsection (a) with respect 
     to 1 or more of its members. To withdraw an application, the 
     employer or association shall notify the Secretary of Labor 
     in writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application under subsection (a), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(2) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(3) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H092A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under 
     subsection (a) is unaffected by withdrawal of such 
     application.
       ``(e) Review and Approval of Applications.--
       ``(1) Responsibility of employers.--The employer shall make 
     available for public examination, within 1 working day after 
     the date on which an application under subsection (a) is 
     filed, at the employer's principal place of business or work 
     site, a copy of each such application (and such accompanying 
     documents as are necessary).
       ``(2) Responsibility of the secretary of labor.--
       ``(A) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this subsection. Such list shall include the wage rate, 
     number of workers sought, period of intended employment, and 
     date of need. The Secretary of Labor shall make such list 
     available for examination in the District of Columbia.
       ``(B) Review of applications.--The Secretary of Labor shall 
     review such an application only for completeness and obvious 
     inaccuracies. Unless the Secretary of Labor finds that the 
     application is incomplete or obviously inaccurate, the 
     Secretary of Labor shall certify that the intending employer 
     has filed with the Secretary of Labor an application as 
     described in subsection (a). Such certification shall be 
     provided within 7 days of the filing of the application.


                     ``H-2A EMPLOYMENT REQUIREMENTS

       ``Sec. 218A. (a) Preferential Treatment of Aliens 
     Prohibited.--Employers seeking to hire United States workers 
     shall offer the United States workers no less than the same 
     benefits, wages, and working conditions that the employer is 
     offering, intends to offer, or will provide to H-2A workers. 
     Conversely, no job offer may impose on United States workers 
     any restrictions or obligations which will not be imposed on 
     the employer's H-2A workers.
       ``(b) Minimum Benefits, Wages, and Working Conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required by the provisions of subsection (a), 
     in order to protect similarly employed United States workers 
     from adverse effects with respect to benefits, wages, and 
     working conditions, every job offer which shall accompany an 
     application under section 218(b)(2) shall include each of the 
     following benefit, wage, and working condition provisions:
       ``(1) Requirement to provide housing or a housing 
     allowance.--
       ``(A) In general.--An employer applying under section 
     218(a) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that section and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(B) Type of housing.--In complying with subparagraph (A), 
     an employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(C) Family housing.--When it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(D) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(E) Limitation.--Nothing in this paragraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(F) Charges for housing.--
       ``(i) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(ii) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.
       ``(G) Housing allowance as alternative.--
       ``(i) In general.--If the requirement under clause (ii) is 
     satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under subparagraph (A). 
     Upon the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this clause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(ii) Certification.--The requirement of this clause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(iii) Amount of allowance.--

       ``(I) Nonmetropolitan counties.--If the place of employment 
     of the workers provided an allowance under this subparagraph 
     is a nonmetropolitan county, the amount of the housing 
     allowance under this subparagraph shall be equal to the 
     statewide average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(II) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this paragraph is 
     in a metropolitan county, the amount of the housing allowance 
     under this subparagraph shall be equal to the statewide 
     average fair market rental for existing housing for 
     metropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2-bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.

       ``(2) Reimbursement of transportation.--
       ``(A) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(B) From place of employment.--A worker who completes the 
     period of employment for the job opportunity involved shall 
     be reimbursed by the employer for the cost of the worker's 
     transportation and subsistence from the place of employment 
     to the place from which the worker, disregarding intervening 
     employment, came to work for

[[Page S8043]]

     the employer, or to the place of next employment, if the 
     worker has contracted with a subsequent employer who has not 
     agreed to provide or pay for the worker's transportation and 
     subsistence to such subsequent employer's place of 
     employment.
       ``(C) Limitation.--
       ``(i) Amount of reimbursement.--Except as provided in 
     clause (ii), the amount of reimbursement provided under 
     subparagraph (A) or (B) to a worker or alien shall not exceed 
     the lesser of--

       ``(I) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(II) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(ii) Distance traveled.--No reimbursement under 
     subparagraph (A) or (B) shall be required if the distance 
     traveled is 100 miles or less, or the worker is not residing 
     in employer-provided housing or housing secured through an 
     allowance as provided in paragraph (1)(G).
       ``(D) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in paragraph (4)(D)) before the anticipated ending 
     date of employment, the employer shall provide the 
     transportation and subsistence required by subparagraph (B) 
     and, notwithstanding whether the worker has completed 50 
     percent of the period of employment, shall provide the 
     transportation reimbursement required by subparagraph (A).
       ``(E) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(3) Required wages.--
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the adverse effect wage rate. No 
     worker shall be paid less than the greater of the hourly wage 
     prescribed under section 6(a)(1) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable State 
     minimum wage.
       ``(B) Limitation.--Effective on the date of enactment of 
     the Agricultural Job Opportunity, Benefits, and Security Act 
     of 2005 and continuing for 3 years thereafter, no adverse 
     effect wage rate for a State may be more than the adverse 
     effect wage rate for that State in effect on January 1, 2003, 
     as established by section 655.107 of title 20, Code of 
     Federal Regulations.
       ``(C) Required wages after 3-year freeze.--
       ``(i) First adjustment.--If Congress does not set a new 
     wage standard applicable to this section before the first 
     March 1 that is not less than 3 years after the date of 
     enactment of this section, the adverse effect wage rate for 
     each State beginning on such March 1 shall be the wage rate 
     that would have resulted if the adverse effect wage rate in 
     effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(ii) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     enactment of this section, and each March 1 thereafter, the 
     adverse effect wage rate then in effect for each State shall 
     be adjusted by the lesser of--

       ``(I) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(II) 4 percent.

       ``(D) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(E) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(F) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--
       ``(i) the worker's total earnings for the pay period;
       ``(ii) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(iii) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the three-quarters guarantee described in 
     paragraph (4);
       ``(iv) the hours actually worked by the worker;
       ``(v) an itemization of the deductions made from the 
     worker's wages; and
       ``(vi) if piece rates of pay are used, the units produced 
     daily.
       ``(G) Report on wage protections.--Not later than June 1, 
     2007, the Comptroller General of the United States shall 
     prepare and transmit to the Secretary of Labor, the Committee 
     on the Judiciary of the Senate, and Committee on the 
     Judiciary of the House of Representatives, a report that 
     addresses--
       ``(i) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(ii) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(iii) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(iv) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(v) recommendations for future wage protection under this 
     section.
       ``(H) Commission on wage standards.--
       ``(i) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program (in 
     this subparagraph referred to as the `Commission').
       ``(ii) Composition.--The Commission shall consist of 10 
     members as follows:

       ``(I) 4 representatives of agricultural employers and 1 
     representative of the Department of Agriculture, each 
     appointed by the Secretary of Agriculture.
       ``(II) 4 representatives of agricultural workers and 1 
     representative of the Department of Labor, each appointed by 
     the Secretary of Labor.

       ``(iii) Functions.--The Commission shall conduct a study 
     that shall address--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural workforce has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(V) recommendations for future wage protection under this 
     section.

       ``(iv) Final report.--Not later than June 1, 2007, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under clause (iii).
       ``(v) Termination date.--The Commission shall terminate 
     upon submitting its final report.
       ``(4) Guarantee of employment.--
       ``(A) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least three-fourths of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. For 
     purposes of this subparagraph, the hourly equivalent means 
     the number of hours in the work days as stated in the job 
     offer and shall exclude the worker's Sabbath and Federal 
     holidays. If the employer affords the United States or H-2A 
     worker less employment than that required under this 
     paragraph, the employer shall pay such worker the amount 
     which the worker would have earned had the worker, in fact, 
     worked for the guaranteed number of hours.
       ``(B) Failure to work.--Any hours which the worker fails to 
     work, up to a maximum of the number of hours specified in the 
     job offer for a work day, when the worker has been offered an 
     opportunity to do so, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(C) Abandonment of employment, termination for cause.--If 
     the worker voluntarily abandons employment before the end of 
     the contract period, or is terminated for cause, the worker 
     is not entitled to the `three-fourths guarantee' described in 
     subparagraph (A).
       ``(D) Contract impossibility.--If, before the expiration of 
     the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including but not limited to a flood, hurricane, 
     freeze, earthquake, fire, drought, plant or animal disease or 
     pest infestation, or regulatory drought,

[[Page S8044]]

     before the guarantee in subparagraph (A) is fulfilled, the 
     employer may terminate the worker's employment. In the event 
     of such termination, the employer shall fulfill the 
     employment guarantee in subparagraph (A) for the work days 
     that have elapsed from the first work day after the arrival 
     of the worker to the termination of employment. In such 
     cases, the employer will make efforts to transfer the United 
     States worker to other comparable employment acceptable to 
     the worker. If such transfer is not effected, the employer 
     shall provide the return transportation required in paragraph 
     (2)(D).
       ``(5) Motor vehicle safety.--
       ``(A) Mode of transportation subject to coverage.--
       ``(i) In general.--Except as provided in clauses (iii) and 
     (iv), this subsection applies to any H-2A employer that uses 
     or causes to be used any vehicle to transport an H-2A worker 
     within the United States.
       ``(ii) Defined term.--In this paragraph, the term `uses or 
     causes to be used'--

       ``(I) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(II) does not apply to--

       ``(aa) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(bb) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(iii) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(iv) Agricultural machinery and equipment excluded.--This 
     subsection does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental thereto.
       ``(v) Common carriers excluded.--This subsection does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.
       ``(B) Applicability of standards, licensing, and insurance 
     requirements.--
       ``(i) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(I) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(II) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(III) have an insurance policy or a liability bond that 
     is in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(ii) Amount of insurance required.--The level of 
     insurance required shall be determined by the Secretary of 
     Labor pursuant to regulations to be issued under this 
     subsection.
       ``(iii) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of subparagraph (B)(i)(III) relating to 
     having an insurance policy or liability bond apply:

       ``(I) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(II) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.

       ``(c) Compliance With Labor Laws.--An employer shall assure 
     that, except as otherwise provided in this section, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(d) Copy of Job Offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in section 
     218(a), or, if the employer will require the worker to enter 
     into a separate employment contract covering the employment 
     in question, such separate employment contract.
       ``(e) Range Production of Livestock.--Nothing in this 
     section, section 218, or section 218B shall preclude the 
     Secretary of Labor and the Secretary from continuing to apply 
     special procedures and requirements to the admission and 
     employment of aliens in occupations involving the range 
     production of livestock.


    ``PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERS

       ``Sec. 218B. (a) Petitioning for Admission.--An employer, 
     or an association acting as an agent or joint employer for 
     its members, that seeks the admission into the United States 
     of an H-2A worker may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     section 218(e)(2)(B) covering the petitioner.
       ``(b) Expedited Adjudication by the Secretary.--The 
     Secretary shall establish a procedure for expedited 
     adjudication of petitions filed under subsection (a) and 
     within 7 working days shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate (as the case may 
     be) where the petitioner has indicated that the alien 
     beneficiary (or beneficiaries) will apply for a visa or 
     admission to the United States.
       ``(c) Criteria for Admissibility.--
       ``(1) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section, section 218, and section 218A, 
     and the alien is not ineligible under paragraph (2).
       ``(2) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(A) violated a material provision of this section, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this section has expired; or
       ``(B) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period of authorized admission as such a 
     nonimmigrant.
       ``(3) Waiver of ineligibility for unlawful presence.--
       ``(A) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this section, and 
     who is otherwise eligible for admission in accordance with 
     paragraphs (1) and (2), shall not be deemed inadmissible by 
     virtue of section 212(a)(9)(B). If an alien described in the 
     preceding sentence is present in the United States, the alien 
     may apply from abroad for H-2A status, but may not be granted 
     that status in the United States.
       ``(B) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to subparagraph (A) shall 
     remain eligible for such waiver unless the alien violates the 
     terms of this section or again becomes ineligible under 
     section 212(a)(9)(B) by virtue of unlawful presence in the 
     United States after the date of the initial waiver of 
     ineligibility pursuant to subparagraph (A).
       ``(d) Period of Admission.--
       ``(1) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to section 218(e)(2)(B), not to 
     exceed 10 months, supplemented by a period of not more than 1 
     week before the beginning of the period of employment for the 
     purpose of travel to the work site and a period of 14 days 
     following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(A) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(B) the total period of employment, including such 14-day 
     period, may not exceed 10 months.
       ``(2) Construction.--Nothing in this subsection shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(e) Abandonment of Employment.--
       ``(1) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(2) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(3) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(4) Voluntary termination.--Notwithstanding paragraph 
     (1), an alien may voluntarily terminate his or her employment 
     if the alien promptly departs the United States upon 
     termination of such employment.
       ``(f) Replacement of Alien.--
       ``(1) In general.--Upon presentation of the notice to the 
     Secretary required by subsection (e)(2), the Secretary of 
     State shall

[[Page S8045]]

     promptly issue a visa to, and the Secretary shall admit into 
     the United States, an eligible alien designated by the 
     employer to replace an H-2A worker--
       ``(A) who abandons or prematurely terminates employment; or
       ``(B) whose employment is terminated after a United States 
     worker is employed pursuant to section 218(b)(2)(H)(iii), if 
     the United States worker voluntarily departs before the end 
     of the period of intended employment or if the employment 
     termination is for a lawful job-related reason.
       ``(2) Construction.--Nothing in this subsection is intended 
     to limit any preference required to be accorded United States 
     workers under any other provision of this Act.
       ``(g) Identification Document.--
       ``(1) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(2) Requirements.--No identification and employment 
     eligibility document may be issued which does not meet the 
     following requirements:
       ``(A) The document shall be capable of reliably determining 
     whether--
       ``(i) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;
       ``(ii) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(iii) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.
       ``(B) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(C) The document shall--
       ``(i) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(ii) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.
       ``(h) Extension of Stay of H-2A Aliens in the United 
     States.--
       ``(1) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to subsection (a), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(2) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(A) for a period of more than 10 months; or
       ``(B) to a date that is more than 3 years after the date of 
     the alien's last admission to the United States under this 
     section.
       ``(3) Work authorization upon filing a petition for 
     extension of stay.--
       ``(A) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under paragraph (1) on the date on which the 
     petition is filed.
       ``(B) Definition.--For purposes of subparagraph (A), the 
     term `file' means sending the petition by certified mail via 
     the United States Postal Service, return receipt requested, 
     or delivered by guaranteed commercial delivery which will 
     provide the employer with a documented acknowledgment of the 
     date of receipt of the petition.
       ``(C) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(D) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(4) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of paragraph 
     (1), shall constitute a valid work authorization document for 
     a period of not more than 60 days beginning on the date on 
     which such petition is filed, after which time only a 
     currently valid identification and employment eligibility 
     document shall be acceptable.
       ``(5) Limitation on an individual's stay in status.--
       ``(A) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(B) Requirement to remain outside the united states.--
       ``(i) In general.--Subject to clause (ii), in the case of 
     an alien outside the United States whose period of authorized 
     status as an H-2A worker (including any extensions) has 
     expired, the alien may not again apply for admission to the 
     United States as an H-2A worker unless the alien has remained 
     outside the United States for a continuous period equal to at 
     least \1/5\ the duration of the alien's previous period of 
     authorized status as an H-2A worker (including any 
     extensions).
       ``(ii) Exception.--Clause (i) shall not apply in the case 
     of an alien if the alien's period of authorized status as an 
     H-2A worker (including any extensions) was for a period of 
     not more than 10 months and such alien has been outside the 
     United States for at least 2 months during the 12 months 
     preceding the date the alien again is applying for admission 
     to the United States as an H-2A worker.
       ``(i) Special Rules for Aliens Employed as Sheepherders.--
     Notwithstanding any provision of the Agricultural Job 
     Opportunity, Benefits, and Security Act of 2005, aliens 
     admitted under section 101(a)(15)(H)(ii)(a) for employment as 
     sheepherders--
       ``(1) may be admitted for a period of 12 months;
       ``(2) may be extended for a continuous period of up to 3 
     years; and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) relating to periods of absence from the 
     United States.


          ``WORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT

       ``Sec. 218C. (a) Enforcement Authority.--
       ``(1) Investigation of complaints.--
       ``(A) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition specified in section 
     218(b), or an employer's misrepresentation of material facts 
     in an application under section 218(a). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this subparagraph if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(B) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, within 30 days after the 
     date such a complaint is filed, for a determination as to 
     whether or not a reasonable basis exists to make a finding 
     described in subparagraph (C), (D), (E), or (H). If the 
     Secretary of Labor determines that such a reasonable basis 
     exists, the Secretary of Labor shall provide for notice of 
     such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, within 60 
     days after the date of the determination. If such a hearing 
     is requested, the Secretary of Labor shall make a finding 
     concerning the matter not later than 60 days after the date 
     of the hearing. In the case of similar complaints respecting 
     the same applicant, the Secretary of Labor may consolidate 
     the hearings under this subparagraph on such complaints.
       ``(C) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(D), (1)(F), (2)(A), (2)(B), or (2)(G) of section 218(b), 
     a substantial failure to meet a condition of paragraph 
     (1)(C), (1)(E), (2)(C), (2)(D), (2)(E), or (2)(H) of section 
     218(b), or a material misrepresentation of fact in an 
     application under section 218(a)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.
       ``(D) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of section 
     218(b), a willful misrepresentation of a material fact in an 
     application under section 218(a), or a violation of 
     subsection (d)(1)--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(ii) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of subsection 
     (d)(1); and
       ``(iii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.
       ``(E) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of section 
     218(b) or a willful misrepresentation of a material fact in 
     an application under section 218(a), in the course of which 
     failure or misrepresentation the employer displaced a United 
     States worker employed by the employer during the period of 
     employment on the employer's application under section 218(a) 
     or during the period of 30 days preceding such period of 
     employment--
       ``(i) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an

[[Page S8046]]

     amount not to exceed $15,000 per violation) as the Secretary 
     of Labor determines to be appropriate; and
       ``(ii) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.
       ``(F) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under section 218(a) in excess of 
     $90,000.
       ``(G) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     section 218A(b), the Secretary of Labor shall assess payment 
     of back wages, or other required benefits, due any United 
     States worker or H-2A worker employed by the employer in the 
     specific employment in question. The back wages or other 
     required benefits under section 218A(b) shall be equal to the 
     difference between the amount that should have been paid and 
     the amount that actually was paid to such worker.
       ``(2) Statutory construction.--Nothing in this section 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section, under section 218 or 218A.
       ``(b) Rights Enforceable by Private Right of Action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in subsection (c), and no other 
     right of action shall exist under Federal or State law to 
     enforce such rights:
       ``(1) The providing of housing or a housing allowance as 
     required under section 218A(b)(1).
       ``(2) The reimbursement of transportation as required under 
     section 218A(b)(2).
       ``(3) The payment of wages required under section 
     218A(b)(3) when due.
       ``(4) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     section 218(a)(2), not including the assurance to comply with 
     other Federal, State, and local labor laws described in 
     section 218A(c), compliance with which shall be governed by 
     the provisions of such laws.
       ``(5) The guarantee of employment required under section 
     218A(b)(4).
       ``(6) The motor vehicle safety requirements under section 
     218A(b)(5).
       ``(7) The prohibition of discrimination under subsection 
     (d)(2).
       ``(c) Private Right of Action.--
       ``(1) Mediation.--Upon the filing of a complaint by an H-2A 
     worker aggrieved by a violation of rights enforceable under 
     subsection (b), and within 60 days of the filing of proof of 
     service of the complaint, a party to the action may file a 
     request with the Federal Mediation and Conciliation Service 
     to assist the parties in reaching a satisfactory resolution 
     of all issues involving all parties to the dispute. Upon a 
     filing of such request and giving of notice to the parties, 
     the parties shall attempt mediation within the period 
     specified in subparagraph (B).
       ``(A) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under subsection (b) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(B) 90-day limit.--The Federal Mediation and Conciliation 
     Service may conduct mediation or other non-binding dispute 
     resolution activities for a period not to exceed 90 days 
     beginning on the date on which the Federal Mediation and 
     Conciliation Service receives the request for assistance 
     unless the parties agree to an extension of this period of 
     time.
       ``(C) Authorization.--
       ``(i) In general.--Subject to clause (ii), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this section.
       ``(ii) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to this authorization, such reimbursement to be credited to 
     appropriations currently available at the time of receipt.
       ``(2) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under subsection (b) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this Act, not later than 3 years after the date the violation 
     occurs.
       ``(3) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under paragraph (2) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under subsection (a)(1) is withdrawn 
     before the filing of such action, in which case the rights 
     and remedies available under this subsection shall be 
     exclusive.
       ``(4) Preemption of state contract rights.--Nothing in this 
     Act shall be construed to diminish the rights and remedies of 
     an H-2A worker under any other Federal or State law or 
     regulation or under any collective bargaining agreement, 
     except that no court or administrative action shall be 
     available under any State contract law to enforce the rights 
     created by this Act.
       ``(5) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this Act 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this Act. The preceding sentence may not be 
     construed to prohibit agreements to settle private disputes 
     or litigation.
       ``(6) Award of damages or other equitable relief.--
       ``(A) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     subsection (b), it shall award actual damages, if any, or 
     equitable relief.
       ``(B) Any civil action brought under this section shall be 
     subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(7) Workers' compensation benefits; exclusive remedy.--
       ``(A) Notwithstanding any other provision of this section, 
     where a State's workers' compensation law is applicable and 
     coverage is provided for an H-2A worker, the workers' 
     compensation benefits shall be the exclusive remedy for the 
     loss of such worker under this section in the case of bodily 
     injury or death in accordance with such State's workers' 
     compensation law.
       ``(B) The exclusive remedy prescribed in subparagraph (A) 
     precludes the recovery under paragraph (6) of actual damages 
     for loss from an injury or death but does not preclude other 
     equitable relief, except that such relief shall not include 
     back or front pay or in any manner, directly or indirectly, 
     expand or otherwise alter or affect--
       ``(i) a recovery under a State workers' compensation law; 
     or
       ``(ii) rights conferred under a State workers' compensation 
     law.
       ``(8) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under subsection (c) shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(9) Preclusive effect.--Any settlement by an H-2A worker 
     and H-2A employer reached through the mediation process 
     required under subsection (c)(1) shall preclude any right of 
     action arising out of the same facts between the parties in 
     any Federal or State court or administrative proceeding, 
     unless specifically provided otherwise in the settlement 
     agreement.
       ``(10) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     subsection (a)(1)(B) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(d) Discrimination Prohibited.--
       ``(1) In general.--It is a violation of this subsection for 
     any person who has filed an application under section 218(a), 
     to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 218 or 
     218A or any rule or regulation pertaining to section 218 or 
     218A, or because the employee cooperates or seeks to 
     cooperate in an investigation or other proceeding concerning 
     the employer's compliance with the requirements of section 
     218 or 218A or any rule or regulation pertaining to either of 
     such sections.
       ``(2) Discrimination against H-2A workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under section 218(a), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under subsection (b) or instituted, or caused to 
     be instituted, a private right of action under subsection (c) 
     regarding the denial of the rights enumerated under 
     subsection (b), or has testified or is about to testify in 
     any court proceeding brought under subsection (c).
       ``(e) Authorization to Seek Other Appropriate Employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of

[[Page S8047]]

     subsection (d) and is otherwise eligible to remain and work 
     in the United States may be allowed to seek other appropriate 
     employment in the United States for a period not to exceed 
     the maximum period of stay authorized for such nonimmigrant 
     classification.
       ``(f) Role of Associations.--
       ``(1) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of sections 218 and 218A, as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(2) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this section, the penalty for such violation shall apply only 
     to the association unless the Secretary of Labor determines 
     that an association member or members participated in or had 
     knowledge, or reason to know of the violation, in which case 
     the penalty shall be invoked against the association member 
     or members as well.


                             ``DEFINITIONS

       ``Sec. 218D. For purposes of sections 218 through 218D:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)). For purposes of this paragraph, 
     agricultural employment includes employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A(h)(3)).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2A employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more nonimmigrant aliens 
     described in section 101(a)(15)(H)(ii)(a).
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     section 218A(b)(4)(D)), or temporary layoffs due to weather, 
     markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under section 218 by an entity not under the control of the 
     employer making such filing which restricts the employer's 
     access to water for irrigation purposes and reduces or limits 
     the employer's ability to produce an agricultural commodity, 
     thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.
       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.
       (b) Table of Contents.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 218 and 
     inserting the following:

``Sec. 218. H-2A employer applications.
``Sec. 218A. H-2A employment requirements.
``Sec. 218B. Procedure for admission and extension of stay of H-2A 
              workers.
``Sec. 218C. Worker protections and labor standards enforcement.
``Sec. 218D. Definitions.''.

                  Subtitle C--Miscellaneous Provisions

     SEC. _31. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this title and the amendments made by this 
     title, and a collection process for such fees from employers 
     participating in the program provided under this Act. Such 
     fees shall be the only fees chargeable to employers for 
     services provided under this Act.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as added by section _21 
     of this Act, and sufficient to provide for the direct costs 
     of providing services related to an employer's authorization 
     to employ eligible aliens pursuant to this Act, to include 
     the certification of eligible employers, the issuance of 
     documentation, and the admission of eligible aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out sections 218 and 218B of the Immigration and Nationality 
     Act, as added by section _21 of this Act, and the provisions 
     of this Act.

     SEC. _32. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this title and the amendments made by this 
     title.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     title and the amendments made by this title.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this title and the amendments 
     made by this title.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under sections 218, 
     218A, 218B, and 218C of the Immigration and Nationality Act, 
     as added by section _21 of this Act, shall take effect on the 
     effective date of section _21 and shall be issued not later 
     than 1 year after the date of enactment of this Act.

     SEC. _33. RELIGIOUS ORGANIZATIONS.

       Section 274(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1324(a)(1)) is amended by adding at the end the 
     following:
       ``(C) It is not a violation of clauses (ii), (iii), or (iv) 
     of subparagraph (A) for a religious denomination described in 
     section 101(a)(27)(C)(i) or an affiliated religious 
     organization described in section 101(a)(27)(C)(ii)(III), or 
     their agents or officers, to encourage, invite, call, allow, 
     or enable an alien who is present in the United States in 
     violation of law to carry on the vocation described in 
     section 101(a)(27)(C)(ii)(I), as a volunteer who is not 
     compensated as an employee, notwithstanding the provision of 
     room, board, travel, and other basic living expenses.''.

     SEC. _34. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided, sections _21 
     and _31 shall take effect

[[Page S8048]]

     1 year after the date of enactment of this Act.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to the appropriate committees of Congress a report that 
     describes the measures being taken and the progress made in 
     implementing this title.

                                 ______
                                 
  SA 1179. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 70, after line 24, insert the following:


                   vulnerability and risk assessment

       For necessary expenses of the Transportation Security 
     Administration in working with the Department of 
     Transportation and other appropriate agencies, to complete a 
     vulnerability and risk assessment of passenger and freight 
     rail transportation.
       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$2,959,300,000''.
       On page 79, between lines 22 and 23, insert the following:
       (7) $265,000,000 for rail security grants, of which--
       (A) $185,000,000 shall be for grants to railroads, 
     hazardous materials shippers, rail car owners, universities, 
     State and local governments, and Amtrak for activities to 
     prevent or respond to acts of terrorism, sabotage, or other 
     intercity passenger rail and freight rail security threats;
       (B) $40,000,000 shall be for grants to Amtrak to make fire 
     and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC; and
       (C) $35,000,000 shall be for research and development to 
     improve freight and intercity passenger rail security.
                                 ______
                                 
  SA 1180. Mr. KENNEDY (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

              DIVISION __--BORDER SECURITY AND IMMIGRATION

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Secure America and Orderly Immigration Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.

                        TITLE I--BORDER SECURITY

Sec. 101. Definitions.

             Subtitle A--Border Security Strategic Planning

Sec. 111. National Strategy for Border Security.
Sec. 112. Reports to Congress.
Sec. 113. Authorization of appropriations.

Subtitle B--Border Infrastructure, Technology Integration, and Security 
                              Enhancement

Sec. 121. Border security coordination plan.
Sec. 122. Border security advisory committee.
Sec. 123. Programs on the use of technologies for border security.
Sec. 124. Combating human smuggling.
Sec. 125. Savings clause.

              Subtitle C--International Border Enforcement

Sec. 131. North American Security Initiative.
Sec. 132. Information sharing agreements.
Sec. 133. Improving the security of Mexico's southern border.

               TITLE II--STATE CRIMINAL ALIEN ASSISTANCE

Sec. 201. State criminal alien assistance program authorization of 
              appropriations.
Sec. 202. Reimbursement of States for indirect costs relating to the 
              incarceration of illegal aliens.
Sec. 203. Reimbursement of States for pre-conviction costs relating to 
              the incarceration of illegal aliens.

                TITLE III--ESSENTIAL WORKER VISA PROGRAM

Sec. 301. Essential workers.
Sec. 302. Admission of essential workers.
Sec. 303. Employer obligations.
Sec. 304. Protection for workers.
Sec. 305. Market-based numerical limitations.
Sec. 306. Adjustment to lawful permanent resident status.
Sec. 307. Essential Worker Visa Program Task Force.
Sec. 308. Willing worker-willing employer electronic job registry.
Sec. 309. Authorization of appropriations.

                         TITLE IV--ENFORCEMENT

Sec. 401. Document and visa requirements.
Sec. 402. Employment Eligibility Confirmation System.
Sec. 403. Improved entry and exit data system.
Sec. 404. Department of labor investigative authorities.
Sec. 405. Protection of employment rights.
Sec. 406. Increased fines for prohibited behavior.

             TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS

Sec. 501. Labor migration facilitation programs.
Sec. 502. Bilateral efforts with Mexico to reduce migration pressures 
              and costs.

              TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION

Sec. 601. Elimination of existing backlogs.
Sec. 602. Country limits.
Sec. 603. Allocation of immigrant visas.
Sec. 604. Relief for children and widows.
Sec. 605. Amending the affidavit of support requirements.
Sec. 606. Discretionary authority.
Sec. 607. Family unity.

                     TITLE VII--H095B NONIMMIGRANTS

Sec. 701. H095B nonimmigrants.
Sec. 702. Adjustment of status for H095B nonimmigrants.
Sec. 703. Aliens not subject to direct numerical limitations.
Sec. 704. Employer protections.
Sec. 705. Authorization of appropriations.

            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

Sec. 801. Right to qualified representation.
Sec. 802. Protection of witness testimony.

                      TITLE IX--CIVICS INTEGRATION

Sec. 901. Funding for the Office of Citizenship.
Sec. 902. Civics integration grant program.

                TITLE X--PROMOTING ACCESS TO HEALTH CARE

Sec. 1001. Federal reimbursement of emergency health services furnished 
              to undocumented aliens.
Sec. 1002. Prohibition against offset of certain Medicare and Medicaid 
              payments.
Sec. 1003. Prohibition against discrimination against aliens on the 
              basis of employment in hospital-based versus nonhospital-
              based sites.
Sec. 1004. Binational public health infrastructure and health 
              insurance.

                        TITLE XI--MISCELLANEOUS

Sec. 1101. Submission to Congress of information regarding H095A 
              nonimmigrants.
Sec. 1102. H095 nonimmigrant petitioner account.
Sec. 1103. Anti-discrimination protections.
Sec. 1104. Women and children at risk of harm.
Sec. 1105. Expansion of S visa.
Sec. 1106. Volunteers.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) The Government of the United States has an obligation 
     to its citizens to secure its borders and ensure the rule of 
     law in its communities.
       (2) The Government of the United States must strengthen 
     international border security efforts by dedicating adequate 
     and significant resources for technology, personnel, and 
     training for border region enforcement.
       (3) Federal immigration policies must adhere to the United 
     States tradition as a nation of immigrants and reaffirm this 
     Nation's commitment to family unity, economic opportunity, 
     and humane treatment.
       (4) Immigrants have contributed significantly to the 
     strength and economic prosperity of the United States and 
     action must be taken to ensure their fair treatment by 
     employers and protection against fraud and abuse.
       (5) Current immigration laws and the enforcement of such 
     laws are ineffective and do not serve the people of the 
     United States, the national security interests of the United 
     States, or the economic prosperity of the United States.
       (6) The United States cannot effectively carry out its 
     national security policies unless the United States 
     identifies undocumented immigrants and encourages them to 
     come forward and participate legally in the economy of the 
     United States.
       (7) Illegal immigration fosters other illegal activity, 
     including human smuggling, trafficking, and document fraud, 
     all of which undermine the national security interests of the 
     United States.
       (8) Illegal immigration burdens States and local 
     communities with hundreds of millions of dollars in 
     uncompensated expenses for law enforcement, health care, and 
     other essential services.
       (9) Illegal immigration creates an underclass of workers 
     who are vulnerable to fraud and exploitation.
       (10) Fixing the broken immigration system requires a 
     comprehensive approach that provides for adequate legal 
     channels for immigration and strong enforcement of 
     immigration laws which will serve the economic, social, and 
     security interests of the United States.
       (11) Foreign governments, particularly those that share an 
     international border with the United States, must play a 
     critical role in securing international borders and deterring 
     illegal entry of foreign nationals into the United States.
       (12) Federal immigration policy should foster economic 
     growth by allowing willing workers to be matched with willing 
     employers when no United States worker is available to take a 
     job.
       (13) Immigration reform is a key component to achieving 
     effective enforcement and

[[Page S8049]]

     will allow for the best use of security and enforcement 
     resources to be focused on the greatest risks.
       (14) Comprehensive immigration reform and strong 
     enforcement of immigration laws will encourage legal 
     immigration, deter illegal immigration, and promote the 
     economic and national security interests of the United 
     States.

                        TITLE I--BORDER SECURITY

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on the Judiciary of the House of 
     Representatives.
       (2) International border of the united states.--The term 
     ``international border of the United States'' means the 
     international border between the United States and Canada and 
     the international border between the United States and 
     Mexico, including points of entry along such international 
     borders.
       (3) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.
       (4) Security plan.--The term ``security plan'' means a 
     security plan developed as part of the National Strategy for 
     Border Security set forth under section 111(a) for the Border 
     Patrol and the field offices of the Bureau of Customs and 
     Border Protection of the Department of Homeland Security that 
     has responsibility for the security of any portion of the 
     international border of the United States.

             Subtitle A--Border Security Strategic Planning

     SEC. 111. NATIONAL STRATEGY FOR BORDER SECURITY.

       (a) In General.--In conjunction with strategic homeland 
     security planning efforts, the Secretary shall develop, 
     implement, and update, as needed, a National Strategy for 
     Border Security that includes a security plan for the Border 
     Patrol and the field offices of the Bureau of Customs and 
     Border Protection of the Department of Homeland Security that 
     has responsibility for the security of any portion of the 
     international border of the United States.
       (b) Contents.--The National Strategy for Border Security 
     shall include--
       (1) the identification and evaluation of the points of 
     entry and all portions of the international border of the 
     United States that, in the interests of national security and 
     enforcement, must be protected from illegal transit;
       (2) a description of the most appropriate, practical, and 
     cost-effective means of defending the international border of 
     the United States against threats to security and illegal 
     transit, including intelligence capacities, technology, 
     equipment, personnel, and training needed to address security 
     vulnerabilities within the United States for the Border 
     Patrol and the field offices of the Bureau of Customs and 
     Border Protection that have responsibility for any portion of 
     the international border of the United States;
       (3) risk-based priorities for assuring border security and 
     realistic deadlines for addressing security and enforcement 
     needs identified in paragraphs (1) and (2);
       (4) a strategic plan that sets out agreed upon roles and 
     missions of Federal, State, regional, local, and tribal 
     authorities, including appropriate coordination among such 
     authorities, to enable security enforcement and border lands 
     management to be carried out in an efficient and effective 
     manner;
       (5) a prioritization of research and development objectives 
     to enhance the security of the international border of the 
     United States and enforcement needs to promote such security 
     consistent with the provisions of subtitle B;
       (6) an update of the 2001 Port of Entry Infrastructure 
     Assessment Study conducted by the United States Customs 
     Service, in consultation with the General Services 
     Administration;
       (7) strategic interior enforcement coordination plans with 
     personnel of Immigration and Customs Enforcement;
       (8) strategic enforcement coordination plans with overseas 
     personnel of the Department of Homeland Security and the 
     Department of State to end human smuggling and trafficking 
     activities;
       (9) any other infrastructure or security plan or report 
     that the Secretary determines appropriate for inclusion;
       (10) the identification of low-risk travelers and how such 
     identification would facilitate cross-border travel; and
       (11) ways to ensure that the trade and commerce of the 
     United States is not diminished by efforts, activities, and 
     programs aimed at securing the homeland.
       (c) Priority of National Strategy.--The National Strategy 
     for Border Security shall be the governing document for 
     Federal security and enforcement efforts related to securing 
     the international border of the United States.

     SEC. 112. REPORTS TO CONGRESS.

       (a) National Strategy.--
       (1) Initial submission.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall submit the 
     National Strategy for Border Security, including each 
     security plan, to the appropriate congressional committees. 
     Such plans shall include estimated costs of implementation 
     and training from a fiscal and personnel perspective and a 
     cost-benefit analysis of any technological security 
     implementations.
       (2) Subsequent submissions.--After the submission required 
     under paragraph (1), the Secretary shall submit to the 
     appropriate congressional committees any revisions to the 
     National Strategy for Border Security, including any 
     revisions to a security plan, not less frequently than April 
     1 of each odd-numbered year. The plan shall include estimated 
     costs for implementation and training and a cost-benefit 
     analysis of technological security implementations that take 
     place during the time frame under evaluation.
       (b) Periodic Progress Reports.--
       (1) Requirement for report.--Each year, in conjunction with 
     the submission of the budget to Congress under section 
     1105(a) of title 31, United States Code, the Secretary shall 
     submit to the appropriate congressional committees an 
     assessment of the progress made on implementing the National 
     Strategy for Border Security, including each security plan.
       (2) Content.--Each progress report submitted under this 
     subsection shall include any recommendations for improving 
     and implementing the National Strategy for Border Security, 
     including any recommendations for improving and implementing 
     a security plan.
       (c) Classified Material.--
       (1) In general.--Any material included in the National 
     Strategy for Border Security, including each security plan, 
     that includes information that is properly classified under 
     criteria established by Executive order shall be submitted to 
     the appropriate congressional committees in a classified 
     form.
       (2) Unclassified version.--As appropriate, an unclassified 
     version of the material described in paragraph (1) shall be 
     provided to the appropriate congressional committees.

     SEC. 113. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary to carry out this subtitle for 
     each of the 5 fiscal years beginning with the fiscal year 
     after the fiscal year in which this Act was enacted.

Subtitle B--Border Infrastructure, Technology Integration, and Security 
                              Enhancement

     SEC. 121. BORDER SECURITY COORDINATION PLAN.

       (a) In General.--The Secretary shall coordinate with 
     Federal, State, local, and tribal authorities on law 
     enforcement, emergency response, and security-related 
     responsibilities with regard to the international border of 
     the United States to develop and implement a plan to ensure 
     that the security of such international border is not 
     compromised--
       (1) when the jurisdiction for providing such security 
     changes from one such authority to another such authority;
       (2) in areas where such jurisdiction is shared by more than 
     one such authority; or
       (3) by one such authority relinquishing such jurisdiction 
     to another such authority pursuant to a memorandum of 
     understanding.
       (b) Elements of Plan.--In developing the plan, the 
     Secretary shall consider methods to--
       (1) coordinate emergency responses;
       (2) improve data-sharing, communications, and technology 
     among the appropriate agencies;
       (3) promote research and development relating to the 
     activities described in paragraphs (1) and (2); and
       (4) combine personnel and resource assets when practicable.
       (c) Report.--Not later than 1 year after implementing the 
     plan developed under subsection (a), the Secretary shall 
     transmit a report to the appropriate congressional committees 
     on the development and implementation of such plan.

     SEC. 122. BORDER SECURITY ADVISORY COMMITTEE.

       (a) Establishment.--The Secretary is authorized to 
     establish a Border Security Advisory Committee (referred to 
     in this section as the ``Advisory Committee'') to provide 
     advice and recommendations to the Secretary on border 
     security and enforcement issues.
       (b) Composition.--
       (1) In general.--The members of the Advisory Committee 
     shall be appointed by the Secretary and shall include 
     representatives of--
       (A) States that are adjacent to the international border of 
     the United States;
       (B) local law enforcement agencies; community officials, 
     and tribal authorities of such States; and
       (C) other interested parties.
       (2) Membership.--The Advisory Committee shall be comprised 
     of members who represent a broad cross section of 
     perspectives.

     SEC. 123. PROGRAMS ON THE USE OF TECHNOLOGIES FOR BORDER 
                   SECURITY.

       (a) Aerial Surveillance Technologies Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 10809458), the Secretary, not later than 60 days 
     after the date of enactment of this Act, shall develop and 
     implement a program to fully integrate aerial surveillance 
     technologies to enhance the border security of the United 
     States.

[[Page S8050]]

       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along the international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the utilization of a variety of 
     aerial surveillance technologies in a variety of topographies 
     and areas, including populated and unpopulated areas located 
     on or near the international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (B) Use of unmanned aerial vehicles.--The aerial 
     surveillance technologies utilized in the program shall 
     include unmanned aerial vehicles.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of their 
     utilization and until such time the Secretary determines 
     appropriate.
       (5) Report.--
       (A) Requirement.--Not later than 1 year after implementing 
     the program under this subsection, the Secretary shall submit 
     a report on such program to the appropriate congressional 
     committees.
       (B) Content.--The Secretary shall include in the report 
     required by subparagraph (A) a description of the program 
     together with such recommendations as the Secretary finds 
     appropriate for enhancing the program.
       (b) Demonstration Programs.--The Secretary is authorized, 
     as part of the development and implementation of the National 
     Strategy for Border Security, to establish and carry out 
     demonstration programs to strengthen communication, 
     information sharing, technology, security, intelligence 
     benefits, and enforcement activities that will protect the 
     international border of the United States without diminishing 
     international trade and commerce.
       (c) INSERT CONTINUED USE OF GROUND SURVEILLANCE 
     TECHNOLOGIES.--

     SEC. 124. COMBATING HUMAN SMUGGLING.

       (a) Requirement for Plan.--The Secretary shall develop and 
     implement a plan to improve coordination between the Bureau 
     of Immigration and Customs Enforcement and the Bureau of 
     Customs and Border Protection of the Department of Homeland 
     Security and any other Federal, State, local, or tribal 
     authorities, as determined appropriate by the Secretary, to 
     improve coordination efforts to combat human smuggling.
       (b) Content.--In developing the plan required by subsection 
     (a), the Secretary shall consider--
       (1) the interoperability of databases utilized to prevent 
     human smuggling;
       (2) adequate and effective personnel training;
       (3) methods and programs to effectively target networks 
     that engage in such smuggling;
       (4) effective utilization of--
       (A) visas for victims of trafficking and other crimes; and
       (B) investigatory techniques, equipment, and procedures 
     that prevent, detect, and prosecute international money 
     laundering and other operations that are utilized in 
     smuggling;
       (5) joint measures, with the Secretary of State, to enhance 
     intelligence sharing and cooperation with foreign governments 
     whose citizens are preyed on by human smugglers; and
       (6) other measures that the Secretary considers appropriate 
     to combating human smuggling.
       (c) Report.--Not later than 1 year after implementing the 
     plan described in subsection (a), the Secretary shall submit 
     to Congress a report on such plan, including any 
     recommendations for legislative action to improve efforts to 
     combating human smuggling.

     SEC. 125. SAVINGS CLAUSE.

       Nothing in this subtitle or subtitle A may be construed to 
     provide to any State or local entity any additional authority 
     to enforce Federal immigration laws.

              Subtitle C--International Border Enforcement

     SEC. 131. NORTH AMERICAN SECURITY INITIATIVE.

       (a) In General.--The Secretary of State shall enhance the 
     mutual security and safety of the United States, Canada, and 
     Mexico by providing a framework for better management, 
     communication, and coordination between the Governments of 
     North America.
       (b) Responsibilities.--In implementing the provisions of 
     this subtitle, the Secretary of State shall carry out all of 
     the activities described in this subtitle.

     SEC. 132. INFORMATION SHARING AGREEMENTS.

       The Secretary of State, in coordination with the Secretary 
     of Homeland Security and the Government of Mexico, is 
     authorized to negotiate an agreement with Mexico to--
       (1) cooperate in the screening of third-country nationals 
     using Mexico as a transit corridor for entry into the United 
     States; and
       (2) provide technical assistance to support stronger 
     immigration control at the border with Mexico.

     SEC. 133. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

       (a) Technical Assistance.--The Secretary of State, in 
     coordination with the Secretary of Homeland Security, the 
     Canadian Department of Foreign Affairs, and the Government of 
     Mexico, shall establish a program to--
       (1) assess the specific needs of the governments of Central 
     American countries in maintaining the security of the borders 
     of such countries;
       (2) use the assessment made under paragraph (1) to 
     determine the financial and technical support needed by the 
     governments of Central American countries from Canada, 
     Mexico, and the United States to meet such needs;
       (3) provide technical assistance to the governments of 
     Central American countries to secure issuance of passports 
     and travel documents by such countries; and
       (4) encourage the governments of Central American countries 
     to--
       (A) control alien smuggling and trafficking;
       (B) prevent the use and manufacture of fraudulent travel 
     documents; and
       (C) share relevant information with Mexico, Canada, and the 
     United States.
       (b) Immigration.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State and appropriate 
     officials of the governments of Central American countries 
     shall provide robust law enforcement assistance to such 
     governments that specifically addresses migratory issues to 
     increase the ability of such governments to dismantle human 
     smuggling organizations and gain tighter control over the 
     border.
       (c) Border Security Between Mexico and Guatemala or 
     Belize.--The Secretary of State, in consultation with the 
     Secretary of Homeland Security, the Government of Mexico, and 
     appropriate officials of the Governments of Guatemala, 
     Belize, and neighboring contiguous countries, shall establish 
     a program to provide needed equipment, technical assistance, 
     and vehicles to manage, regulate, and patrol the 
     international border between Mexico and Guatemala and between 
     Mexico and Belize.
       (d) Tracking Central American Gangs.--The Secretary of 
     State, in coordination with the Secretary of Homeland 
     Security, the Director of the Federal Bureau of 
     Investigation, the Government of Mexico, and appropriate 
     officials of the governments of Central American countries, 
     shall--
       (1) assess the direct and indirect impact on the United 
     States and Central America on deporting violent criminal 
     aliens;
       (2) establish a program and database to track Central 
     American gang activities, focusing on the identification of 
     returning criminal deportees;
       (3) devise an agreed-upon mechanism for notification 
     applied prior to deportation and for support for 
     reintegration of these deportees; and
       (4) devise an agreement to share all relevant information 
     with the appropriate agencies of Mexico and other Central 
     American countries.

               TITLE II--STATE CRIMINAL ALIEN ASSISTANCE

     SEC. 201. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
                   AUTHORIZATION OF APPROPRIATIONS.

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended by striking paragraphs (5) and (6) 
     and inserting the following:
       ``(5) Authorization of appropriations.--
       ``(A) In general.--There are authorized to be appropriated 
     to carry out this subsection--
       ``(i) such sums as may be necessary for fiscal year 2005;
       ``(ii) $750,000,000 for fiscal year 2006;
       ``(iii) $850,000,000 for fiscal year 2007; and
       ``(iv) $950,000,000 for each of the fiscal years 2008 
     through 2011.
       ``(B) Limitation on use of funds.--Amounts appropriated 
     pursuant to subparagraph (A) that are distributed to a State 
     or political subdivision of a State, including a 
     municipality, may be used only for correctional purposes.''.

     SEC. 202. REIMBURSEMENT OF STATES FOR INDIRECT COSTS RELATING 
                   TO THE INCARCERATION OF ILLEGAL ALIENS.

       Section 501 of the Immigration Reform and Control Act of 
     1986 (8 U.S.C. 1365) is amended--
       (1) in subsection (a)--
       (A) by striking ``for the costs'' and inserting the 
     following: ``for--
       ``(1) the costs''; and
       (B) by striking ``such State.'' and inserting the 
     following: ``such State; and
       ``(2) the indirect costs related to the imprisonment 
     described in paragraph (1).''; and
       (2) by striking subsections (c) through (e) and inserting 
     the following:

[[Page S8051]]

       ``(c) Manner of Allotment of Reimbursements.--
     Reimbursements under this section shall be allotted in a 
     manner that gives special consideration for any State that--
       ``(1) shares a border with Mexico or Canada; or
       ``(2) includes within the State an area in which a large 
     number of undocumented aliens reside relative to the general 
     population of that area.
       ``(d) Definitions.--As used in this section:
       ``(1) Indirect costs.--The term `indirect costs' includes--
       ``(A) court costs, county attorney costs, detention costs, 
     and criminal proceedings expenditures that do not involve 
     going to trial;
       ``(B) indigent defense costs; and
       ``(C) unsupervised probation costs.
       ``(2) State.--The term `State' has the meaning given such 
     term in section 101(a)(36) of the Immigration and Nationality 
     Act.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $200,000,000 for each of the 
     fiscal years 2005 through 2011 to carry out subsection 
     (a)(2).''.

     SEC. 203. REIMBURSEMENT OF STATES FOR PRE-CONVICTION COSTS 
                   RELATING TO THE INCARCERATION OF ILLEGAL 
                   ALIENS.

       Section 241(i)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(i)(3)(a) is amended by inserting ``charged 
     with or'' before ``convicted.''

                TITLE III--ESSENTIAL WORKER VISA PROGRAM

     SEC. 301. ESSENTIAL WORKERS.

       Section 101(a)(15)(H) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)) is amended--
       (1) by striking ``(H) an alien (i)(b)'' and inserting the 
     following:
       ``(H) an alien--
       ``(i)(b)'';
       (2) by striking ``or (ii)(a)'' and inserting the following:
       ``(ii)(a)'';
       (3) by striking ``or (iii)'' and inserting the following:
       ``(iii)''; and
       (4) by adding at the end the following:
       ``(v)(a) subject to section 218A, having residence in a 
     foreign country, which the alien has no intention of 
     abandoning, who is coming temporarily to the United States to 
     initially perform labor or services (other than those 
     occupation classifications covered under the provisions of 
     clause (i)(b) or (ii)(a) or subparagraph (L), (O), (P), or 
     (R)); or.''.

     SEC. 302. ADMISSION OF ESSENTIAL WORKERS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 218 the following:


                 ``ADMISSION OF TEMPORARY H095A WORKERS

       ``Sec. 218A. (a) The Secretary of State may grant a 
     temporary visa to a nonimmigrant described in section 
     101(a)(15)(H)(v)(a) who demonstrates an intent to perform 
     labor or services in the United States (other than those 
     occupational classifications covered under the provisions of 
     clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or 
     subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
       ``(b) Requirements for Admission.--In order to be eligible 
     for nonimmigrant status under section 101(a)(15)(H)(v)(a), an 
     alien shall meet the following requirements:
       ``(1) Eligibility to work.--The alien shall establish that 
     the alien is capable of performing the labor or services 
     required for an occupation under section 101(a)(15)(H)(v).
       ``(2) Evidence of employment.--The alien's evidence of 
     employment shall be provided through the Employment 
     Eligibility Confirmation System established under section 
     274E or in accordance with requirements issued by the 
     Secretary of State, in consultation with the Secretary of 
     Homeland Security. In carrying out this paragraph, the 
     Secretary may consider evidence from employers, employer 
     associations, and labor representatives.
       ``(3) Fee.--The alien shall pay a $500 application fee to 
     apply for the visa in addition to the cost of processing and 
     adjudicating such application. Nothing in this paragraph 
     shall be construed to affect consular procedures for charging 
     reciprocal fees.
       ``(4) Medical examination.--The alien shall undergo a 
     medical examination (including a determination of 
     immunization status) at the alien's expense, that conforms to 
     generally accepted standards of medical practice.
       ``(c) Grounds of Inadmissibility.--
       ``(1) In general.--In determining an alien's admissibility 
     as a nonimmigrant under section 101(a)(15)(H)(v)(a)--
       ``(A) paragraphs (5), (6) (except for subparagraph (E)), 
     (7), (9), and (10)(B) of section 212(a) may be waived for 
     conduct that occurred before the date on which the Secure 
     America and Orderly Immigration Act was introduced;
       ``(B) the Secretary of Homeland Security may not waive--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraph (A) or (C) of section 212(a)(10) 
     (relating to polygamists and child abductors);
       ``(C) for conduct that occurred before the date on which 
     the Secure America and Orderly Immigration Act was 
     introduced, the Secretary of Homeland Security may waive the 
     application of any provision of section 212(a) not listed in 
     subparagraph (B) on behalf of an individual alien for 
     humanitarian purposes, to ensure family unity, or when such 
     waiver is otherwise in the public interest; and
       ``(D) nothing in this paragraph shall be construed as 
     affecting the authority of the Secretary of Homeland Security 
     to waive the provisions of section 212(a).
       ``(2) Waiver fine.--An alien who is granted a waiver under 
     subparagraph (1) shall pay a $1,500 fine upon approval of the 
     alien's visa application.
       ``(3) Applicability of other provisions.--Sections 240B(d) 
     and 241(a)(5) shall not apply to an alien who initially seeks 
     admission as a nonimmigrant under section 
     101(a)(15)(H)(v)(a).
       ``(4) Renewal of authorized admission and subsequent 
     admissions.--An alien seeking renewal of authorized admission 
     or subsequent admission as a nonimmigrant under section 
     101(a)(15)(H)(v)(a) shall establish that the alien is not 
     inadmissible under section 212(a).
       ``(d) Period of Authorized Admission.--
       ``(1) Initial period.--The initial period of authorized 
     admission as a nonimmigrant described in section 
     101(a)(15)(H)(v)(a) shall be 3 years.
       ``(2) Renewals.--The alien may seek an extension of the 
     period described in paragraph (1) for 1 additional 3-year 
     period.
       ``(3) Loss of employment.--
       ``(A) In general.--Subject to subsection (c), the period of 
     authorized admission of a nonimmigrant alien under section 
     101(a)(15)(H)(v)(a) shall terminate if the nonimmigrant is 
     unemployed for 45 or more consecutive days.
       ``(B) Return to foreign residence.--Any alien whose period 
     of authorized admission terminates under subparagraph (A) 
     shall be required to return to the country of the alien's 
     nationality or last residence.
       ``(C) Period of visa validity.--Any alien, whose period of 
     authorized admission terminates under subparagraph (A), who 
     returns to the country of the alien's nationality or last 
     residence under subparagraph (B), may reenter the United 
     States on the basis of the same visa to work for an employer, 
     if the alien has complied with the requirements of subsection 
     (b)(1).
       ``(4) Visits outside united states.--
       ``(A) In general.--Under regulations established by the 
     Secretary of Homeland Security, a nonimmigrant alien under 
     section 101(a)(15)(H)(v)(a)--
       ``(i) may travel outside of the United States; and
       ``(ii) may be readmitted without having to obtain a new 
     visa if the period of authorized admission has not expired.
       ``(B) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (A) shall not 
     extend the period of authorized admission in the United 
     States.
       ``(e) Portability.--A nonimmigrant alien described in this 
     section, who was previously issued a visa or otherwise 
     provided nonimmigrant status under section 
     101(a)(15)(H)(v)(a), may accept new employment with a 
     subsequent employer.
       ``(f) Waiver of Rights Prohibited.--A nonimmigrant alien 
     described in section 101(a)(15)(H)(v)(a) may not be required 
     to waive any rights or protections under the Secure America 
     and Orderly Immigration Act.
       ``(g) Change of Address.--An alien having nonimmigrant 
     status described in section 101(a)(15)(H)(v)(a) shall comply 
     by either electronic or paper notification with the change of 
     address reporting requirements under section 265.
       ``(h) Bar to Future Visas for Violations.--
       ``(1) In general.--Any alien having the nonimmigrant status 
     described in section 101(a)(15)(H)(v)(a) shall not be 
     eligible to renew such nonimmigrant status if the alien 
     willfully violates any material term or condition of such 
     status.
       ``(2) Waiver.--The alien may apply for a waiver of the 
     application of subparagraph (A) for technical violations, 
     inadvertent errors, or violations for which the alien was not 
     at fault.
       ``(i) Collection of Fees.--All fees collected under this 
     section shall be deposited in the Treasury in accordance with 
     section 286(w).''.
       (b) Conforming Amendment Regarding Presumption of 
     Nonimmigrant Status.--Section 214(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(b)) is amended by inserting 
     ``(H)(v)(a),'' after ``(H)(i),''.
       (c) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 218 
     the following:

         ``Sec. 218A. Admission of temporary H095A workers.''.

     SEC. 303. EMPLOYER OBLIGATIONS.

       Employers employing a nonimmigrant described in section 
     101(a)(15)(H)(v)(a) of the Immigration and Nationality Act, 
     as added by section 301, shall comply with all applicable 
     Federal, State, and local laws, including--
       (1) laws affecting migrant and seasonal agricultural 
     workers; and
       (2) the requirements under section 274E of such Act, as 
     added by section 402.

     SEC. 304. PROTECTION FOR WORKERS.

       Section 218A of the Immigration and Nationality Act, as 
     added by section 302, is amended by adding at the end the 
     following:
       ``(h) Application of Labor and Other Laws.--

[[Page S8052]]

       ``(1) Definitions.--As used in this subsection and in 
     subsections (i) through (k):
       ``(A) Employ; employee; employer.--The terms `employ', 
     `employee', and `employer' have the meanings given such terms 
     in section 3 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 203).
       ``(B) Foreign labor contractor.--The term `foreign labor 
     contractor' means any person who for any compensation or 
     other valuable consideration paid or promised to be paid, 
     performs any foreign labor contracting activity.
       ``(C) Foreign labor contracting activity.--The term 
     `foreign labor contracting activity' means recruiting, 
     soliciting, hiring, employing, or furnishing, an individual 
     who resides outside of the United States for employment in 
     the United States as a nonimmigrant alien described in 
     section 101(a)(15)(H)(v)(a).
       ``(2) Coverage.--Notwithstanding any other provision of 
     law--
       ``(A) a nonimmigrant alien described in section 
     101(a)(15)(H)(v)(a) is prohibited from being treated as an 
     independent contractor; and
       ``(B) no person may treat a nonimmigrant alien described in 
     section 101(a)(15)(H)(v)(a) as an independent contractor.
       ``(3) Applicability of laws.--A nonimmigrant alien 
     described in section 101(a)(15)(H)(v)(a) shall not be denied 
     any right or any remedy under Federal, State, or local labor 
     or employment law that would be applicable to a United States 
     worker employed in a similar position with the employer 
     because of the alien's status as a nonimmigrant worker.
       ``(4) Tax responsibilities.--With respect to each employed 
     nonimmigrant alien described in section 101(a)(15)(H)(v)(a), 
     an employer shall comply with all applicable Federal, State, 
     and local tax and revenue laws.
       ``(5) Nondiscrimination in employment.--An employer shall 
     provide nonimmigrants issued a visa under this section with 
     the same wages, benefits, and working conditions that are 
     provided by the employer to United States workers similarly 
     employed in the same occupation and the same place of 
     employment.
       ``(6) No replacement of striking employees.--An employer 
     may not hire a nonimmigrant alien described in section 
     101(a)(15)(H)(v)(a) as a replacement worker if there is a 
     strike or lockout in the course of a labor dispute in the 
     occupational classification at the place of employment.
       ``(7) Waiver of rights prohibited.--A nonimmigrant alien 
     described in section 101(a)(15)(H)(v)(a) may not be required 
     to waive any rights or protections under the Secure America 
     and Orderly Immigration Act. Nothing under this provision 
     shall be construed to affect the interpretation of other 
     laws.
       ``(8) No threatening of employees.--It shall be a violation 
     of this section for an employer who has filed a petition 
     under section 203(b) to threaten the alien beneficiary of 
     such a petition with withdrawal of the application, or to 
     withdraw such a petition in retaliation for the beneficiary's 
     exercise of a right protected by the Secure America and 
     Orderly Immigration Act.
       ``(9) Whistleblower protection.--It shall be unlawful for 
     an employer or a labor contractor of a nonimmigrant alien 
     described in section 101(a)(15)(H)(v)(a) to intimidate, 
     threaten, restrain, coerce, retaliate, discharge, or in any 
     other manner, discriminate against an employee or former 
     employee because the employee or former employee--
       ``(A) discloses information to the employer or any other 
     person that the employee or former employee reasonably 
     believes demonstrates a violation of Secure America and 
     Orderly Immigration Act.
       ``(B) cooperates or seeks to cooperate in an investigation 
     or other proceeding concerning compliance with the 
     requirements of the Secure America and Orderly Immigration 
     Act.
       ``(i) Labor Recruiters.--
       ``(1) In general.--Each employer that engages in foreign 
     labor contracting activity and each foreign labor contractor 
     shall ascertain and disclose to each such worker who is 
     recruited for employment the following information at the 
     time of the worker's recruitment:
       ``(A) The place of employment.
       ``(B) The compensation for the employment.
       ``(C) A description of employment activities.
       ``(D) The period of employment.
       ``(E) Any other employee benefit to be provided and any 
     costs to be charged for each benefit.
       ``(F) Any travel or transportation expenses to be assessed.
       ``(G) The existence of any labor organizing effort, strike, 
     lockout, or other labor dispute at the place of employment.
       ``(H) The existence of any arrangement with any owner, 
     employer, foreign contractor, or its agent where such person 
     receives a commission from the provision of items or services 
     to workers.
       ``(I) The extent to which workers will be compensated 
     through workers' compensation, private insurance, or 
     otherwise for injuries or death, including work related 
     injuries and death, during the period of employment and, if 
     so, the name of the State workers' compensation insurance 
     carrier or the name of the policyholder of the private 
     insurance, the name and the telephone number of each person 
     who must be notified of an injury or death, and the time 
     period within which such notice must be given.
       ``(J) Any education or training to be provided or required, 
     including the nature and cost of such training, who will pay 
     such costs, and whether the training is a condition of 
     employment, continued employment, or future employment.
       ``(K) A statement, in a form specified by the Secretary of 
     Labor, describing the protections of this Act for workers 
     recruited abroad.
       ``(2) False or misleading information.--No foreign labor 
     contractor or employer who engages in foreign labor 
     contracting activity shall knowingly provide material false 
     or misleading information to any worker concerning any matter 
     required to be disclosed in paragraph (1).
       ``(3) Languages.--The information required to be disclosed 
     under paragraph (1) shall be provided in writing in English 
     or, as necessary and reasonable, in the language of the 
     worker being recruited. The Department of Labor shall make 
     forms available in English, Spanish, and other languages, as 
     necessary, which may be used in providing workers with 
     information required under this section.
       ``(4) Fees.--A person conducting a foreign labor 
     contracting activity shall not assess any fee to a worker for 
     such foreign labor contracting activity.
       ``(5) Terms.--No employer or foreign labor contractor 
     shall, without justification, violate the terms of any 
     agreement made by that contractor or employer regarding 
     employment under this program.
       ``(6) Travel costs.--If the foreign labor contractor or 
     employer charges the employee for transportation such 
     transportation costs shall be reasonable.
       ``(7) Other worker protections.--
       ``(A) Notification.--Every 2 years, each employer shall 
     notify the Secretary of Labor of the identity of any foreign 
     labor contractor engaged by the employer in any foreign labor 
     contractor activity for or on behalf of the employer.
       ``(B) Registration of foreign labor contractors.--
       ``(i) In general.--No person shall engage in foreign labor 
     recruiting activity unless such person has a certificate of 
     registration from the Secretary of Labor specifying the 
     activities that such person is authorized to perform. An 
     employer who retains the services of a foreign labor 
     contractor shall only use those foreign labor contractors who 
     are registered under this subparagraph.
       ``(ii) Issuance.--The Secretary shall promulgate 
     regulations to establish an efficient electronic process for 
     the investigation and approval of an application for a 
     certificate of registration of foreign labor contractors not 
     later than 14 days after such application is filed. Such 
     process shall include requirements under paragraphs (1), (4), 
     and (5) of section 1812 of title 29, United States Code, an 
     expeditious means to update registrations and renew 
     certificates and any other requirements the Secretary may 
     prescribe.
       ``(iii) Term.--Unless suspended or revoked, a certificate 
     under this subparagraph shall be valid for 2 years.
       ``(iv) Refusal to issue; revocation; suspension.--In 
     accordance with regulations promulgated by the Secretary of 
     Labor, the Secretary may refuse to issue or renew, or may 
     suspend or revoke, a certificate of registration under this 
     subparagraph. The justification for such refusal, suspension, 
     or revocation may include the following:

       ``(I) The application or holder of the certification has 
     knowingly made a material misrepresentation in the 
     application for such certificate.
       ``(II) The applicant for or holder of the certification is 
     not the real party in interest in the application or 
     certificate of registration and the real party in interest is 
     a person who has been refused issuance or renewal of a 
     certificate, has had a certificate suspended or revoked, or 
     does not qualify for a certificate under this paragraph.
       ``(III) The applicant for or holder of the certification 
     has failed to comply with the Secure America and Orderly 
     Immigration Act.

       ``(C) Remedy for violations.--An employer engaging in 
     foreign labor contracting activity and a foreign labor 
     contractor that violates the provisions of this subsection 
     shall be subject to remedies for foreign labor contractor 
     violations under subsections (j) and (k). If a foreign labor 
     contractor acting as an agent of an employer violates any 
     provision of this subsection, the employer shall also be 
     subject to remedies under subsections (j) and (k). An 
     employer that violates a provision of this subsection 
     relating to employer obligations shall be subject to remedies 
     under this subsections (j) and (k).
       ``(D) Employer notification.--An employer shall notify the 
     Secretary of Labor any time the employer becomes aware of a 
     violation of this subsection by a foreign labor recruiter.
       ``(E) Written agreements.--No foreign labor contractor 
     shall violate the terms of any written agreements made with 
     an employer relating to any contracting activity or worker 
     protection under this subsection.
       ``(F) Bonding requirement.--The Secretary of Labor may 
     require a foreign labor contractor under this subsection to 
     post a bond in an amount sufficient to ensure the protection 
     of individuals recruited by the foreign labor contractor. The 
     Secretary may consider the extent to which the foreign labor 
     contractor has sufficient ties to the United States to 
     adequately enforce this subsection.

[[Page S8053]]

       ``(j) Enforcement.--
       ``(1) In general.--The Secretary of Labor shall prescribe 
     regulations for the receipt, investigation, and disposition 
     of complaints by an aggrieved person respecting a violation 
     of this section.
       ``(2) Definition.--As used in this subsection, an 
     `aggrieved person' is a person adversely affected by the 
     alleged violation, including--
       ``(A) a worker whose job, wages, or working conditions are 
     adversely affected by the violation; and
       ``(B) a representative for workers whose jobs, wages, or 
     working conditions are adversely affected by the violation 
     who brings a complaint on behalf of such worker.
       ``(3) Filing deadline.--No investigation or hearing shall 
     be conducted on a complaint concerning a violation under this 
     section unless the complaint was filed not later than 12 
     months after the date of such violation.
       ``(4) Reasonable cause.--The Secretary of Labor shall 
     conduct an investigation under this subsection if there is 
     reasonable cause to believe that a violation of this section 
     has occurred. The process established under this subsection 
     shall provide that, not later than 30 days after a complaint 
     is filed, the Secretary shall determine if there is 
     reasonable cause to find such a violation.
       ``(5) Notice and hearing.--
       ``(A) In general.--Not later than 60 days after the 
     Secretary of Labor makes a determination of reasonable cause 
     under paragraph (4), the Secretary shall issue a notice to 
     the interested parties and offer an opportunity for a hearing 
     on the complaint, in accordance with section 556 of title 5, 
     United States Code.
       ``(B) Complaint.--If the Secretary of Labor, after 
     receiving a complaint under this subsection, does not offer 
     the aggrieved party or organization an opportunity for a 
     hearing under subparagraph (A), the Secretary shall notify 
     the aggrieved party or organization of such determination and 
     the aggrieved party or organization may seek a hearing on the 
     complaint in accordance with such section 556.
       ``(C) Hearing deadline.--Not later than 60 days after the 
     date of a hearing under this paragraph, the Secretary of 
     Labor shall make a finding on the matter in accordance with 
     paragraph (6).
       ``(6) Attorneys' fees.--A complainant who prevails with 
     respect to a claim under this subsection shall be entitled to 
     an award of reasonable attorneys' fees and costs.
       ``(7) Power of the secretary.--The Secretary may bring an 
     action in any court of competent jurisdiction--
       ``(A) to seek remedial action, including injunctive relief;
       ``(B) to recover the damages described in subsection (k); 
     or
       ``(C) to ensure compliance with terms and conditions 
     described in subsection (i).
       ``(8) Solicitor of labor.--Except as provided in section 
     518(a) of title 28, United States Code, the Solicitor of 
     Labor may appear for and represent the Secretary of Labor in 
     any civil litigation brought under this subsection. All such 
     litigation shall be subject to the direction and control of 
     the Attorney General.
       ``(9) Procedures in addition to other rights of 
     employees.--The rights and remedies provided to workers under 
     this section are in addition to, and not in lieu of, any 
     other contractual or statutory rights and remedies of the 
     workers, and are not intended to alter or affect such rights 
     and remedies.
       ``(k) Penalties.--
       ``(1) In general.--If, after notice and an opportunity for 
     a hearing, the Secretary of Labor finds a violation of 
     subsection (h) or (i), the Secretary may impose 
     administrative remedies and penalties, including--
       ``(A) back wages;
       ``(B) fringe benefits; and
       ``(C) civil monetary penalties.
       ``(2) Civil penalties.--The Secretary of Labor may impose, 
     as a civil penalty--
       ``(A) for a violation of subsection (h)--
       ``(i) a fine in an amount not to exceed $2,000 per 
     violation per affected worker;
       ``(ii) if the violation was willful violation, a fine in an 
     amount not to exceed $5,000 per violation per affected 
     worker;
       ``(iii) if the violation was willful and if in the course 
     of such violation a United States worker was harmed, a fine 
     in an amount not to exceed $25,000 per violation per affected 
     worker; and
       ``(B) for a violation of subsection (i)--
       ``(i) a fine in an amount not less than $500 and not more 
     than $4,000 per violation per affected worker;
       ``(ii) if the violation was willful, a fine in an amount 
     not less than $2,000 and not more than $5,000 per violation 
     per affected worker; and
       ``(iii) if the violation was willful and if in the course 
     of such violation a United States worker was harmed, a fine 
     in an amount not less than $6,000 and not more than $35,000 
     per violation per affected worker.
       ``(3) Use of civil penalties.--All penalties collected 
     under this subsection shall be deposited in the Treasury in 
     accordance with section 286(w).
       ``(4) Criminal penalties.--If a willful and knowing 
     violation of subsection (i) causes extreme physical or 
     financial harm to an individual, the person in violation of 
     such subsection may be imprisoned for not more than 6 months, 
     fined not more than $35,000 fine, or both.''.

     SEC. 305. MARKET-BASED NUMERICAL LIMITATIONS.

       Section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)'';
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(v)(a), may not exceed--
       ``(i) 400,000 for the first fiscal year in which the 
     program is implemented;
       ``(ii) in any subsequent fiscal year--

       ``(I) if the total number of visas allocated for that 
     fiscal year are allotted within the first quarter of that 
     fiscal year, then an additional 20 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 20 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(II) if the total number of visas allocated for that 
     fiscal year are allotted within the second quarter of that 
     fiscal year, then an additional 15 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 15 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(III) if the total number of visas allocated for that 
     fiscal year are allotted within the third quarter of that 
     fiscal year, then an additional 10 percent of the allocated 
     number shall be made available immediately and the allocated 
     amount for the following fiscal year shall increase by 10 
     percent of the original allocated amount in the prior fiscal 
     year;
       ``(IV) if the total number of visas allocated for that 
     fiscal year are allotted within the last quarter of that 
     fiscal year, then the allocated amount for the following 
     fiscal year shall increase by 10 percent of the original 
     allocated amount in the prior fiscal year; and
       ``(V) with the exception of the first subsequent fiscal 
     year to the fiscal year in which the program is implemented, 
     if fewer visas were allotted the previous fiscal year than 
     the number of visas allocated for that year and the reason 
     was not due to processing delays or delays in promulgating 
     regulations, then the allocated amount for the following 
     fiscal year shall decrease by 10 percent of the allocated 
     amount in the prior fiscal year.''; and

       (2) by adding at the end the following:
       ``(9)(A) Of the total number of visas allocated for each 
     fiscal year under paragraph (1)(C)--
       ``(i) 50,000 visas shall be allocated to qualifying 
     counties; and
       ``(ii) any of the visas allocated under clause (i) that are 
     not issued by June 30 of such fiscal year, may be made 
     available to any qualified applicant.
       ``(B) In this paragraph, the term `qualifying county' means 
     any county that--
       ``(i) that is outside a metropolitan statistical area; and
       ``(ii) during the 20-year-period ending on the last day of 
     the calendar year preceding the date of enactment of the 
     Secure America and Orderly Immigration Act, experienced a net 
     out-migration of inhabitants from the county of at least 10 
     percent of the population of the county at the beginning of 
     such period.
       ``(10) In allocating visas under this subsection, the 
     Secretary of State may take any additional measures necessary 
     to deter illegal immigration.''.

     SEC. 306. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS.

       Section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) is amended by adding at the end the following:
       ``(n)(1) For purposes of adjustment of status under 
     subsection (a), employment-based immigrant visas shall be 
     made available to an alien having nonimmigrant status 
     described in section 101(a)(15)(H)(v)(a) upon the filing of a 
     petition for such a visa--
       ``(A) by the alien's employer; or
       ``(B) by the alien, if the alien has maintained such 
     nonimmigrant status in the United States for a cumulative 
     total of 4 years.
       ``(2) An alien having nonimmigrant status described in 
     section 101(a)(15)(H)(v)(a) may not apply for adjustment of 
     status under this section unless the alien--
       ``(A) is physically present in the United States; and
       ``(B) the alien establishes that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(3) An alien who demonstrates that the alien meets the 
     requirements of section 312 may be considered to have 
     satisfied the requirements of that section for purposes of 
     becoming naturalized as a citizen of the United States under 
     title III.
       ``(4) Filing a petition under paragraph (1) on behalf of an 
     alien or otherwise seeking permanent residence in the United 
     States for such alien shall not constitute evidence of the 
     alien's ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(v)(a).
       ``(5) The limitation under section 302(d) regarding the 
     period of authorized stay shall not apply to any alien having 
     nonimmigrant status under section 101(a)(15)(H)(v)(a) if--
       ``(A) a labor certification petition filed under section 
     203(b) on behalf of such alien is pending; or
       ``(B) an immigrant visa petition filed under section 204(b) 
     on behalf of such alien is pending.

[[Page S8054]]

       ``(6) The Secretary of Homeland Security shall extend the 
     stay of an alien who qualifies for an exemption under 
     paragraph (5) in 1-year increments until a final decision is 
     made on the alien's lawful permanent residence.
       ``(7) Nothing in this subsection shall be construed to 
     prevent an alien having nonimmigrant status described in 
     section 101(a)(15)(H)(v)(a) from filing an application for 
     adjustment of status under this section in accordance with 
     any other provision of law.''.

     SEC. 307. ESSENTIAL WORKER VISA PROGRAM TASK FORCE.

       (a) Establishment of Task Force.--
       (1) In general.--There is established a task force to be 
     known as the Essential Worker Visa Program Task Force 
     (referred to in this section as the ``Task Force'').
       (2) Purposes.--The purposes of the Task Force are--
       (A) to study the Essential Worker Visa Program (referred to 
     in this section as the ``Program'') established under this 
     title; and
       (B) to make recommendations to Congress with respect to 
     such program.
       (3) Membership.--The Task Force shall be composed of 10 
     members, of whom--
       (A) 1 shall be appointed by the President and shall serve 
     as chairman of the Task Force;
       (B) 1 shall be appointed by the leader of the Democratic 
     Party in the Senate, in consultation with the leader of the 
     Democratic Party in the House of Representatives, and shall 
     serve as vice chairman of the Task Force;
       (C) 2 shall be appointed by the majority leader of the 
     Senate;
       (D) 2 shall be appointed by the minority leader of the 
     Senate;
       (E) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (F) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (4) Qualifications.--
       (A) In general.--Members of the Task Force shall be--
       (i) individuals with expertise in economics, demography, 
     labor, business, or immigration or other pertinent 
     qualifications or experience; and
       (ii) representative of a broad cross-section of 
     perspectives within the United States, including the public 
     and private sectors and academia;
       (B) Political affiliation.--Not more than 5 members of the 
     Task Force may be members of the same political party.
       (C) Nongovernmental appointees.--An individual appointed to 
     the Task Force may not be an officer or employee of the 
     Federal Government or of any State or local government.
       (5) Deadline for appointment.--All members of the Task 
     Force shall be appointed not later than 6 months after the 
     Program has been implemented.
       (6) Vacancies.--Any vacancy in the Task Force shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (7) Meetings.--
       (A) Initial meeting.--The Task Force shall meet and begin 
     the operations of the Task Force as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Task Force shall meet upon the call of the chairman or a 
     majority of its members.
       (8) Quorum.--Six members of the Task Force shall constitute 
     a quorum.
       (b) Duties.--The Task Force shall examine and make 
     recommendations regarding the Program, including 
     recommendations regarding--
       (1) the development and implementation of the Program;
       (2) the criteria for the admission of temporary workers 
     under the Program;
       (3) the formula for determining the yearly numerical 
     limitations of the Program;
       (4) the impact of the Program on immigration;
       (5) the impact of the Program on the United States 
     workforce and United States businesses; and
       (6) any other matters regarding the Program that the Task 
     Force considers appropriate.
       (c) Information and Assistance From Federal Agencies.--
       (1) Information from federal agencies.--The Task Force may 
     seek directly from any Federal department or agency such 
     information, including suggestions, estimates, and 
     statistics, as the Task Force considers necessary to carry 
     out the provisions of this section. Upon request of the Task 
     Force, the head of such department or agency shall furnish 
     such information to the Task Force.
       (2) Assistance from federal agencies.--The Administrator of 
     General Services shall, on a reimbursable base, provide the 
     Task Force with administrative support and other services for 
     the performance of the Task Force's functions. The 
     departments and agencies of the United States may provide the 
     Task Force with such services, funds, facilities, staff, and 
     other support services as they determine advisable and as 
     authorized by law.
       (d) Reports.--
       (1) Initial report.--Not later than 2 years after the 
     Program has been implemented, the Task Force shall submit a 
     report to Congress, the Secretary of State, the Secretary of 
     Labor, and the Secretary of Homeland Security that contains--
       (A) findings with respect to the duties of the Task Force;
       (B) recommendations for improving the Program; and
       (C) suggestions for legislative or administrative action to 
     implement the Task Force recommendations.
       (2) Final report.--Not later than 4 years after the 
     submission of the initial report under paragraph (1), the 
     Task Force shall submit a final report to Congress, the 
     Secretary of State, the Secretary of Labor, and the Secretary 
     of Homeland Security that contains additional findings, 
     recommendations, and suggestions, as described in paragraph 
     (1).

     SEC. 308. WILLING WORKER-WILLING EMPLOYER ELECTRONIC JOB 
                   REGISTRY.

       (a) Establishment.--The Secretary of Labor shall direct the 
     coordination and modification of the national system of 
     public labor exchange services (commonly known as ``America's 
     Job Bank'') in existence on the date of enactment of this Act 
     to provide information on essential worker employment 
     opportunities available to United States workers and 
     nonimmigrant workers under section 101(a)(15)(H)(v)(a) of the 
     Immigration and Nationality Act, as added by this Act.
       (b) Recruitment of United States Workers.--Before the 
     completion of evidence of employment for a potential 
     nonimmigrant worker under section 101(a)(15)(H)(v)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(v)(a), an employer shall attest that the 
     employer has posted in the Job Registry for not less than 30 
     days in order to recruit United States workers. An employer 
     shall maintain records for not less than 1 year demonstrating 
     why United States workers who applied were not hired.
       (c) Oversight and Maintenance of Records.--The Secretary of 
     Labor shall maintain electronic job registry records, as 
     established by regulation, for the purpose of audit or 
     investigation.
       (d) Access to Job Registry.--
       (1) Circulation in interstate employment service system.--
     The Secretary of Labor shall ensure that job opportunities 
     advertised on the electronic job registry established under 
     this section are accessible by the State workforce agencies, 
     which may further disseminate job opportunity information to 
     other interested parties.
       (2) Internet.--The Secretary of Labor shall ensure that the 
     Internet-based electronic job registry established or 
     approved under this section may be accessed by workers, 
     employers, labor organizations, and other interested parties.

     SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     State such sums as may be necessary to carry out this title 
     and the amendments made by this title for the period 
     beginning on the date of enactment of this Act and ending on 
     the last day of the sixth fiscal year beginning after the 
     effective date of the regulations promulgated by the 
     Secretary to implement this title.

                         TITLE IV--ENFORCEMENT

     SEC. 401. DOCUMENT AND VISA REQUIREMENTS.

       (a) In General.--Section 221(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(a)) is amended by adding at 
     the end the following:
       ``(3) Visas and immigration related document 
     requirements.--
       ``(A) Visas issued by the Secretary of State and 
     immigration related documents issued by the Secretary of 
     State or the Secretary of Homeland Security shall comply with 
     authentication and biometric standards recognized by domestic 
     and international standards organizations.
       ``(B) Such visas and documents shall--
       ``(i) be machine-readable and tamper-resistant;
       ``(ii) use biometric identifiers that are consistent with 
     the requirements of section 303 of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732), 
     and represent the benefits and status set forth in such 
     section;
       ``(iii) comply with the biometric and document identifying 
     standards established by the International Civil Aviation 
     Organization; and
       ``(iv) be compatible with the United States Visitor and 
     Immigrant Status Indicator Technology and the employment 
     verification system established under section 274E.
       ``(C) The information contained on the visas or immigration 
     related documents described in subparagraph (B) shall 
     include--
       ``(i) the alien's name, date and place of birth, alien 
     registration or visa number, and, if applicable, social 
     security number;
       ``(ii) the alien's citizenship and immigration status in 
     the United States; and
       ``(iii) the date that such alien's authorization to work in 
     the United States expires, if appropriate.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 6 months after the date 
     of enactment of this Act.

     SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

       (a) In General.--Chapter 8 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1321 et seq.) is amended by 
     inserting after section 274D the following:


                        ``EMPLOYMENT ELIGIBILITY

       ``Sec. 274E. (a) Employment Eligibility Confirmation 
     System.--
       ``(1) In general.--The Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security, shall establish an Employment Eligibility 
     Confirmation System (referred to in

[[Page S8055]]

     this section as the `System') through which the Commissioner 
     responds to inquiries made by employers who have hired 
     individuals concerning each individual's identity and 
     employment authorization.
       ``(2) Maintenance of records.--The Commissioner shall 
     electronically maintain records by which compliance under the 
     System may be verified.
       ``(3) Objectives of the system.--The System shall--
       ``(A) facilitate the eventual transition for all businesses 
     from the employer verification system established in section 
     274A with the System;
       ``(B) utilize, as a central feature of the System, machine-
     readable documents that contain encrypted electronic 
     information to verify employment eligibility; and
       ``(C) provide for the evidence of employment required under 
     section 218A.
       ``(4) Initial response.--The System shall provide--
       ``(A) confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility not later 
     than 1 working day after the initial inquiry; and
       ``(B) an appropriate code indicating such confirmation or 
     tentative nonconfirmation.
       ``(5) Secondary verification process in case of tentative 
     nonconfirmation.--
       ``(A) Establishment.--For cases of tentative 
     nonconfirmation, the Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security, shall establish a secondary verification process. 
     The employer shall make the secondary verification inquiry 
     not later than 10 days after receiving a tentative 
     nonconfirmation.
       ``(B) Discrepancies.--If an employee chooses to contest a 
     secondary nonconfirmation, the employer shall provide the 
     employee with a referral letter and instruct the employee to 
     visit an office of the Department of Homeland Security or the 
     Social Security Administration to resolve the discrepancy not 
     later than 10 working days after the receipt of such referral 
     letter in order to obtain confirmation.
       ``(C) Failure to contest.--An individual's failure to 
     contest a confirmation shall not constitute knowledge (as 
     defined in section 274a.1(l) of title 8, Code of Federal 
     Regulations.
       ``(6) Design and operation of system.--The System shall be 
     designed, implemented, and operated--
       ``(A) to maximize its reliability and ease of use 
     consistent with protecting the privacy and security of the 
     underlying information through technical and physical 
     safeguards;
       ``(B) to allow employers to verify that a newly hired 
     individual is authorized to be employed;
       ``(C) to permit individuals to--
       ``(i) view their own records in order to ensure the 
     accuracy of such records; and
       ``(ii) contact the appropriate agency to correct any errors 
     through an expedited process established by the Commissioner 
     of Social Security, in consultation and coordination with the 
     Secretary of Homeland Security; and
       ``(D) to prevent discrimination based on national origin or 
     citizenship status under section 274B.
       ``(7) Unlawful uses of system.--It shall be an unlawful 
     immigration-related employment practice--
       ``(A) for employers or other third parties to use the 
     System selectively or without authorization;
       ``(B) to use the System prior to an offer of employment;
       ``(C) to use the System to exclude certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants;
       ``(D) to use the System to deny certain employment 
     benefits, otherwise interfere with the labor rights of 
     employees, or any other unlawful employment practice; or
       ``(E) to take adverse action against any person, including 
     terminating or suspending an employee who has received a 
     tentative nonconfirmation.
       ``(b) Employment Eligibility Database.--
       ``(1) Requirement.--The Commissioner of Social Security, in 
     consultation and coordination with the Secretary of Homeland 
     Security and other appropriate agencies, shall design, 
     implement, and maintain an Employment Eligibility Database 
     (referred to in this section as the `Database') as described 
     in this subsection.
       ``(2) Data.--The Database shall include, for each 
     individual who is not a citizen or national of the United 
     States, but is authorized or seeking authorization to be 
     employed in the United States, the individual's--
       ``(A) country of origin;
       ``(B) immigration status;
       ``(C) employment eligibility;
       ``(D) occupation;
       ``(E) metropolitan statistical area of employment;
       ``(F) annual compensation paid;
       ``(G) period of employment eligibility;
       ``(H) employment commencement date; and
       ``(I) employment termination date.
       ``(3) Reverification of employment eligibility.--The 
     Commissioner of Social Security shall prescribe, by 
     regulation, a system to annually reverify the employment 
     eligibility of each individual described in this section--
       ``(A) by utilizing the machine-readable documents described 
     in section 221(a)(3); or
       ``(B) if machine-readable documents are not available, by 
     telephonic or electronic communication.
       ``(4) Confidentiality.--
       ``(A) Access to database.--No officer or employee of any 
     agency or department of the United States, other than 
     individuals responsible for the verification of employment 
     eligibility or for the evaluation of the employment 
     verification program at the Social Security Administration, 
     the Department of Homeland Security, and the Department of 
     Labor, may have access to any information contained in the 
     Database.
       ``(B) Protection from unauthorized disclosure.--Information 
     in the Database shall be adequately protected against 
     unauthorized disclosure for other purposes, as provided in 
     regulations established by the Commissioner of Social 
     Security, in consultation with the Secretary of Homeland 
     Security and the Secretary of Labor.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     to design, implement, and maintain the Database.
       ``(c) Gradual Implementation.--The Commissioner of Social 
     Security, in coordination with the Secretary of Homeland 
     Security and the Secretary of Labor shall develop a plan to 
     phase all workers into the Database and phase out the 
     employer verification system established in section 274A over 
     a period of time that the Commissioner determines to be 
     appropriate.
       ``(d) Employer Responsibilities.--Each employer shall--
       ``(1) notify employees and prospective employees of the use 
     of the System and that the System may be used for immigration 
     enforcement purposes;
       ``(2) verify the identification and employment 
     authorization status for newly hired individuals described in 
     section 101(a)(15)(H)(v)(a) not later than 3 days after the 
     date of hire;
       ``(3) use--
       ``(A) a machine-readable document described in subsection 
     (a)(3)(B); or
       ``(B) the telephonic or electronic system to access the 
     Database;
       ``(4) provide, for each employer hired, the occupation, 
     metropolitan statistical area of employment, and annual 
     compensation paid;
       ``(5) retain the code received indicating confirmation or 
     nonconfirmation, for use in investigations described in 
     section 212(n)(2); and
       ``(6) provide a copy of the employment verification receipt 
     to such employees.
       ``(e) Good-Faith Compliance.--
       ``(1) Affirmative defense.--A person or entity that 
     establishes good faith compliance with the requirements of 
     this section with respect to the employment of an individual 
     in the United States has established an affirmative defense 
     that the person or entity has not violated this section.
       ``(2) Limitation.--Paragraph (1) shall not apply if a 
     person or entity engages in an unlawful immigration-related 
     employment practice described in subsection (a)(7).''.
       (b) Interim Directive.--Before the implementation of the 
     Employment Eligibility Confirmation System (referred to in 
     this section as the ``System'') established under section 
     274E of the Immigration and Nationality Act, as added by 
     subsection (a), the Commissioner of Social Security, in 
     coordination with the Secretary of Homeland Security, shall, 
     to the maximum extent practicable, implement an interim 
     system to confirm employment eligibility that is consistent 
     with the provisions of such section.
       (c) Reports.--
       (1) In general.--Not later than 3 months after the last day 
     of the second year and of the third year that the System is 
     in effect, the Comptroller General of the United States shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on the System.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an assessment of the impact of the System on the 
     employment of unauthorized workers;
       (B) an assessment of the accuracy of the Employment 
     Eligibility Database maintained by the Department of Homeland 
     Security and Social Security Administration databases, and 
     timeliness and accuracy of responses from the Department of 
     Homeland Security and the Social Security Administration to 
     employers;
       (C) an assessment of the privacy, confidentiality, and 
     system security of the System;
       (D) assess whether the System is being implemented in a 
     nondiscriminatory manner; and
       (E) include recommendations on whether or not the System 
     should be modified.

     SEC. 403. IMPROVED ENTRY AND EXIT DATA SYSTEM.

       Section 110 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``Justice'' and 
     inserting ``Homeland Security'';
       (B) in paragraph (4), by striking ``and'' at the end;
       (C) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:

[[Page S8056]]

       ``(6) collects the biometric machine-readable information 
     from an alien's visa or immigration-related document 
     described in section 221(a)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(a)(3) at the time an alien 
     arrives in the United States and at the time an alien departs 
     from the United States to determine if such alien is 
     entering, or is present in, the United States unlawfully.''; 
     and
       (3) in subsection (f)(1), by striking ``Departments of 
     Justice and State'' and inserting ``Department of Homeland 
     Security and the Department of State''.

     SEC. 404. DEPARTMENT OF LABOR INVESTIGATIVE AUTHORITIES.

       Section 212(n)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)) is amended--
       (1) by redesignating subparagraph (H) as subparagraph (J); 
     and
       (2) by inserting after subparagraph (G) the following:
       ``(H)(i) The Secretary of Labor may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(H)(v)(a) if the Secretary, or 
     the Secretary's designee--
       ``(I) certifies that reasonable cause exists to believe 
     that the employer is out of compliance with the Secure 
     America and Orderly Immigration Act or section 274E; and
       ``(II) approves the commencement of the investigation.
       ``(ii) In determining whether reasonable cause exists to 
     initiate an investigation under this section, the Secretary 
     shall--
       ``(I) monitor the Willing Worker-Willing Employer 
     Electronic Job Registry;
       ``(II) monitor the Employment Eligibility Confirmation 
     System, taking into consideration whether--
       ``(aa) an employer's submissions to the System generate a 
     high volume of tentative nonconfirmation responses relative 
     to other comparable employers;
       ``(bb) an employer rarely or never screens hired 
     individuals;
       ``(cc) individuals employed by an employer rarely or never 
     pursue a secondary verification process as established in 
     section 274E; or
       ``(dd) any other indicators of illicit, inappropriate or 
     discriminatory use of the System, especially those described 
     in section 274E(a)(6)(D), exist; and
       ``(III) consider any additional evidence that the Secretary 
     determines appropriate.
       ``(iii) Absent other evidence of noncompliance, an 
     investigation under this subparagraph should not be initiated 
     for lack of completeness or obvious inaccuracies by the 
     employer in complying with section 101(a)(15)(H)(v)(a).''.

     SEC. 405. PROTECTION OF EMPLOYMENT RIGHTS.

       The Secretary and the Secretary of Homeland Security shall 
     establish a process under which a nonimmigrant worker 
     described in clause (ii)(b) or (v)(a) of section 
     101(a)(15)(H) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)) who files a nonfrivolous complaint 
     regarding a violation of this section and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States with an employer for a period not to exceed the 
     maximum period of stay authorized for that nonimmigrant 
     classification.

     SEC. 406. INCREASED FINES FOR PROHIBITED BEHAVIOR.

       Section 274B(g)(2)(B)(iv) of the Immigration and 
     Nationality Act (8 U.S.C. 1324b(g)(2)(B)(iv)) is amended--
       (1) in subclause (I), by striking ``not less than $250 and 
     not more than $2,000'' and inserting ``not less than $500 and 
     not more than $4,000'';
       (2) in subclause (II), by striking ``not less than $2,000 
     and not more than $5,000'' and inserting ``not less than 
     $4,000 and not more than $10,000''; and
       (3) in subclause (III), by striking ``not less than $3,000 
     and not more than $10,000'' and inserting ``not less than 
     $6,000 and not more than $20,000''.

             TITLE V--PROMOTING CIRCULAR MIGRATION PATTERNS

     SEC. 501. LABOR MIGRATION FACILITATION PROGRAMS.

       (a) Authority for Program.--
       (1) In general.--The Secretary of State is authorized to 
     enter into an agreement to establish and administer a labor 
     migration facilitation program jointly with the appropriate 
     official of a foreign government whose citizens participate 
     in the temporary worker program authorized under section 
     101(a)(15)(H)(v)(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(v)(a)).
       (2) Priority.--In establishing programs under subsection 
     (a), the Secretary of State shall place a priority on 
     establishing such programs with foreign governments that have 
     a large number of nationals working as temporary workers in 
     the United States under such section 101(a)(15)(H)(v)(a). The 
     Secretary shall enter into such agreements not later than 3 
     months after the date of enactment of this Act or as soon 
     thereafter as is practicable.
       (3) Elements of program.--A program established under 
     paragraph (1) may provide for--
       (A) the Secretary of State, in conjunction with the 
     Secretary of Homeland Security and the Secretary of Labor, to 
     confer with a foreign government--
       (i) to establish and implement a program to assist 
     temporary workers from such a country to obtain nonimmigrant 
     status under such section 101(a)(15)(H)(v)(a);
       (ii) to establish programs to create economic incentives 
     for aliens to return to their home country;
       (B) the foreign government to monitor the participation of 
     its nationals in such a temporary worker program, including 
     departure from and return to a foreign country;
       (C) the foreign government to develop and promote a 
     reintegration program available to such individuals upon 
     their return from the United States;
       (D) the foreign government to promote or facilitate travel 
     of such individuals between the country of origin and the 
     United States; and
       (E) any other matters that the foreign government and 
     United States find appropriate to enable such individuals to 
     maintain strong ties to their country of origin.

     SEC. 502. BILATERAL EFFORTS WITH MEXICO TO REDUCE MIGRATION 
                   PRESSURES AND COSTS.

       (a) Findings.--Congress makes the following findings:
       (1) Migration from Mexico to the United States is directly 
     linked to the degree of economic opportunity and the standard 
     of living in Mexico.
       (2) Mexico comprises a prime source of migration to the 
     United States.
       (3) Remittances from Mexican citizens working in the United 
     States reached a record high of nearly $17,000,000,000 in 
     2004.
       (4) Migration patterns may be reduced from Mexico to the 
     United States by addressing the degree of economic 
     opportunity available to Mexican citizens.
       (5) Many Mexican assets are held extra-legally and cannot 
     be readily used as collateral for loans.
       (6) A majority of Mexican businesses are small or medium 
     size with limited access to financial capital.
       (7) These factors constitute a major impediment to broad-
     based economic growth in Mexico.
       (8) Approximately 20 percent of Mexico's population works 
     in agriculture, with the majority of this population working 
     on small farms and few on large commercial enterprises.
       (9) The Partnership for Prosperity is a bilateral 
     initiative launched jointly by the President of the United 
     States and the President of Mexico in 2001, which aims to 
     boost the social and economic standards of Mexican citizens, 
     particularly in regions where economic growth has lagged and 
     emigration has increased.
       (10) The Presidents of Mexico and the United States and the 
     Prime Minister of Canada, at their trilateral summit on March 
     23, 2005, agreed to promote economic growth, competitiveness, 
     and quality of life in the agreement on Security and 
     Prosperity Partnership of North America.
       (b) Sense of Congress Regarding Partnership for 
     Prosperity.--It is the sense of Congress that the United 
     States and Mexico should accelerate the implementation of the 
     Partnership for Prosperity to help generate economic growth 
     and improve the standard of living in Mexico, which will lead 
     to reduced migration, by--
       (1) increasing access for poor and under served populations 
     in Mexico to the financial services sector, including credit 
     unions;
       (2) assisting Mexican efforts to formalize its extra-legal 
     sector, including the issuance of formal land titles, to 
     enable Mexican citizens to use their assets to procure 
     capital;
       (3) facilitating Mexican efforts to establish an effective 
     rural lending system for small- and medium-sized farmers that 
     will--
       (A) provide long term credit to borrowers;
       (B) develop a viable network of regional and local 
     intermediary lending institutions; and
       (C) extend financing for alternative rural economic 
     activities beyond direct agricultural production;
       (4) expanding efforts to reduce the transaction costs of 
     remittance flows in order to increase the pool of savings 
     available to help finance domestic investment in Mexico;
       (5) encouraging Mexican corporations to adopt 
     internationally recognized corporate governance practices, 
     including anti-corruption and transparency principles;
       (6) enhancing Mexican efforts to strengthen governance at 
     all levels, including efforts to improve transparency and 
     accountability, and to eliminate corruption, which is the 
     single biggest obstacle to development;
       (7) assisting the Government of Mexico in implementing all 
     provisions of the Inter-American Convention Against 
     Corruption (ratified by Mexico on May 27, 1997) and urging 
     the Government of Mexico to participate fully in the 
     Convention's formal implementation monitoring mechanism;
       (8) helping the Government of Mexico to strengthen 
     education and training opportunities throughout the country, 
     with a particular emphasis on improving rural education; and
       (9) encouraging the Government of Mexico to create 
     incentives for persons who have migrated to the United States 
     to return to Mexico.
       (c) Sense of Congress Regarding Bilateral Partnership on 
     Health Care.--It is the sense of Congress that the Government 
     of the United States and the Government of Mexico should 
     enter into a partnership to examine uncompensated and 
     burdensome health care costs incurred by the United States 
     due to legal and illegal immigration, including--
       (1) increasing health care access for poor and under served 
     populations in Mexico;

[[Page S8057]]

       (2) assisting Mexico in increasing its emergency and trauma 
     health care facilities along the border, with emphasis on 
     expanding prenatal care in the United States-Mexico border 
     region;
       (3) facilitating the return of stable, incapacitated 
     workers temporarily employed in the United States to Mexico 
     in order to receive extended, long-term care in their home 
     country; and
       (4) helping the Government of Mexico to establish a program 
     with the private sector to cover the health care needs of 
     Mexican nationals temporarily employed in the United States.

              TITLE VI--FAMILY UNITY AND BACKLOG REDUCTION

     SEC. 601. ELIMINATION OF EXISTING BACKLOGS.

       (a) Family-Sponsored Immigrants.--Section 201(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended 
     to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--The 
     worldwide level of family-sponsored immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 480,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     minus the number of visas issued under this subsection during 
     those years; and
       ``(B) the number of visas described in subparagraph (A) 
     that were issued after fiscal year 2005.''.
       (b) Employment-Based Immigrants.--Section 201(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended 
     to read as follows:
       ``(d) Worldwide Level of Employment-Based Immigrants.--The 
     worldwide level of employment-based immigrants under this 
     subsection for a fiscal year is equal to the sum of--
       ``(1) 290,000;
       ``(2) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year; and
       ``(3) the difference between--
       ``(A) the maximum number of visas authorized to be issued 
     under this subsection during fiscal years 2001 through 2005 
     and the number of visa numbers issued under this subsection 
     during those years; and
       ``(B) the number of visas described in subparagraph (A) 
     that were issued after fiscal year 2005.''.

     SEC. 602. COUNTRY LIMITS.

       Section 202(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152(a)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``, (4), and (5)'' and inserting ``and 
     (4)''; and
       (B) by striking ``7 percent (in the case of a single 
     foreign state) or 2 percent'' and inserting ``10 percent (in 
     the case of a single foreign state) or 5 percent''; and
       (2) by striking paragraph (5).

     SEC. 603. ALLOCATION OF IMMIGRANT VISAS.

       (a) Preference Allocation for Family-Sponsored 
     Immigrants.--Section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) is amended to read as 
     follows:
       ``(a) Preference Allocations for Family-Sponsored 
     Immigrants.--Aliens subject to the worldwide level specified 
     in section 201(c) for family-sponsored immigrants shall be 
     allocated visas as follows:
       ``(1) Unmarried sons and daughters of citizens.--Qualified 
     immigrants who are the unmarried sons or daughters of 
     citizens of the United States shall be allocated visas in a 
     quantity not to exceed 10 percent of such worldwide level 
     plus any visas not required for the class specified in 
     paragraph (4).
       ``(2) Spouses and unmarried sons and daughters of permanent 
     resident aliens.--Visas in a quantity not to exceed 50 
     percent of such worldwide level plus any visas not required 
     for the class specified in paragraph (1) shall be allocated 
     to qualified immigrants--
       ``(A) who are the spouses or children of an alien lawfully 
     admitted for permanent residence, which visas shall 
     constitute not less than 77 percent of the visas allocated 
     under this paragraph; or
       ``(B) who are the unmarried sons or daughters of an alien 
     lawfully admitted for permanent residence.
       ``(3) Married sons and daughters of citizens.--Qualified 
     immigrants who are the married sons and daughters of citizens 
     of the United States shall be allocated visas in a quantity 
     not to exceed 10 percent of such worldwide level plus any 
     visas not required for the classes specified in paragraphs 
     (1) and (2).
       ``(4) Brothers and sisters of citizens.--Qualified 
     immigrants who are the brothers or sisters of citizens of the 
     United States who are at least 21 years of age shall be 
     allocated visas in a quantity not to exceed 30 percent of the 
     worldwide level plus any visas not required for the classes 
     specified in paragraphs (1) through (3).''.
       (b) Preference Allocation for Employment-based 
     Immigrants.--Section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b)) is amended--
       (1) in paragraph (1), by striking ``28.6 percent'' and 
     inserting ``20 percent'';
       (2) in paragraph (2)(A), by striking ``28.6 percent'' and 
     inserting ``20 percent'';
       (3) in paragraph (3)(A)--
       (A) by striking ``28.6 percent'' and inserting ``35 
     percent''; and
       (B) by striking clause (iii);
       (4) by striking paragraph (4);
       (5) by redesignating paragraph (5) as paragraph (4);
       (6) in paragraph (4)(A), as redesignated, by striking ``7.1 
     percent'' and inserting ``5 percent'';
       (7) by inserting after paragraph (4), as redesignated, the 
     following:
       ``(5) Other workers.--Visas shall be made available, in a 
     number not to exceed 30 percent of such worldwide level, plus 
     any visa numbers not required for the classes specified in 
     paragraphs (1) through (4), to qualified immigrants who are 
     capable, at the time of petitioning for classification under 
     this paragraph, of performing unskilled labor that is not of 
     a temporary or seasonal nature, for which qualified workers 
     are determined to be unavailable in the United States, or to 
     nonimmigrants under section 101(a)(15)(H)(v)(a).''; and
       (8) by striking paragraph (6).
       (c) Conforming Amendments.--
       (1) Definition of special immigrant.--Section 101(a)(27)(M) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)(M)) is amended by striking ``subject to the 
     numerical limitations of section 203(b)(4),''.
       (2) Repeal of temporary reduction in workers' visas.--
     Section 203(e) of the Nicaraguan Adjustment and Central 
     American Relief Act (8 U.S.C. 1153 note) is repealed.

     SEC. 604. RELIEF FOR CHILDREN AND WIDOWS.

       (a) In General.--Section 201(b)(2)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended by 
     striking ``spouses, and parents of a citizen of the United 
     States'' and inserting ``(and their children who are 
     accompanying or following to join them), the spouses (and 
     their children who are accompanying or following to join 
     them), and the parents of a citizen of the United States (and 
     their children who are accompanying or following to join 
     them)''.
       (b) Petition.--Section 204(a)(1)(A)(ii) of the Immigration 
     and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(ii) is amended 
     by inserting ``or an alien child or alien parent described in 
     the third sentence of section 201(b)(2)(A)(i)'' after 
     ``section 201(b)(2)(A)(i)''.
       (c) Adjustment of Status.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended by adding at 
     the end the following:
       ``(n) Applications for Adjustment of Status by Surviving 
     Spouses, Children, and Parents.--
       ``(1) In general.--Notwithstanding subsections (a) and (c) 
     (except subsection (c)(6)), any alien described in paragraph 
     (2) who applied for adjustment of status prior to the death 
     of the qualifying relative, may have such application 
     adjudicated as if such death had not occurred.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as defined in section 
     201(b)(2)(A)(i));
       ``(B) is a family-sponsored immigrant (as described in 
     subsection (a) or (d) of section 203);
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b), as described in section 
     203(d); or
       ``(D) is a derivative beneficiary of a diversity immigrant 
     (as described in section 203(c)).''.
       (d) Transition Period.--Notwithstanding a denial of an 
     application for adjustment of status not more than 2 years 
     before the date of enactment of this Act, in the case of an 
     alien whose qualifying relative died before the date of 
     enactment of this Act, such application may be renewed by the 
     alien through a motion to reopen, without fee, filed not 
     later than 1 year after the date of enactment of this Act.

     SEC. 605. AMENDING THE AFFIDAVIT OF SUPPORT REQUIREMENTS.

       Section 213A of the Immigration and Nationality Act (8 
     U.S.C. 1183a) is amended--
       (1) in subsection (a)(1)(A), by striking ``125'' and 
     inserting ``100''; and
       (2) in subsection (f), by striking ``125'' each place it 
     appears and inserting ``100''.

     SEC. 606. DISCRETIONARY AUTHORITY.

       Section 212(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(i)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2)(A) The Secretary of Homeland Security may waive the 
     application of subsection (a)(6)(C)--
       ``(i) in the case of an immigrant who is the spouse, 
     parent, son, or daughter of a United States citizen or of an 
     alien lawfully admitted for permanent residence, if the 
     Secretary of Homeland Security determines that the refusal of 
     admission to the United States of such immigrant alien would 
     result in extreme hardship to the citizen or lawfully 
     resident spouse, child, son, daughter, or parent of such an 
     alien; or
       ``(ii) in the case of an alien granted classification under 
     clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B), the alien demonstrates 
     extreme hardship to the alien or the alien's parent or child 
     if, such parent or child is a United States citizen, a lawful 
     permanent resident, or a qualified alien.
       ``(B) An alien who is granted a waiver under subparagraph 
     (A) shall pay a $2,000 fine.''.

[[Page S8058]]

     SEC. 607. FAMILY UNITY.

       Section 212(a)(9) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(9)) is amended--
       (1) in subparagraph (B)(iii)(I), by striking ``18'' and 
     inserting ``21''; and
       (2) in subparagraph (C)(ii)--
       (A) by redesignating subclauses (1) and (2) as subclauses 
     (I) and (II); and
       (B) in subclause (II), as redesignated, by redesignating 
     items (A), (B), (C), and (D) as items (aa), (bb), (cc), and 
     (dd); and
       (3) by adding at the end the following:
       ``(D) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of subparagraphs (B) and (C) for an alien who is a 
     beneficiary of a petition filed under sections 201 and 203 if 
     such petition was filed on or before the date of introduction 
     of Secure America and Orderly Immigration Act.
       ``(ii) Fine.--An alien who is granted a waiver under clause 
     (i) shall pay a $2,000 fine.''.

                     TITLE VII--H-5B NONIMMIGRANTS

     SEC. 701. H-5B NONIMMIGRANTS.

       (a) In General.--Chapter 5 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1255 et seq.) is amended by 
     adding after section 250 the following:


                          ``H-5B NONIMMIGRANTS

       ``Sec. 250A. (a) In General.--The Secretary of Homeland 
     Security shall adjust the status of an alien to that of a 
     nonimmigrant under section 101(a)(15)(H)(v)(b) if the alien--
       ``(1) submits an application for such adjustment; and
       ``(2) meets the requirements of this section.
       ``(b) Presence in the United States.--The alien shall 
     establish that the alien--
       ``(1) was present in the United States before the date on 
     which the Secure America and Orderly Immigration Act was 
     introduced, and has been continuously in the United States 
     since such date; and
       ``(2) was not legally present in the United States on the 
     date on which the Secure America and Orderly Immigration Act 
     was introduced under any classification set forth in section 
     101(a)(15).
       ``(c) Spouses and Children.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if the person is otherwise eligible under subsection (b)--
       ``(1) adjust the status to that of a nonimmigrant under 
     section 101(a)(15)(H)(v)(b) for, or provide a nonimmigrant 
     visa to, the spouse or child of an alien who is provided 
     nonimmigrant status under section 101(a)(15)(H)(v)(b); or
       ``(2) adjust the status to that of a nonimmigrant under 
     section 101(a)(15)(H)(v)(b) for an alien who, before the date 
     on which the Secure America and Orderly Immigration Act was 
     introduced in Congress, was the spouse or child of an alien 
     who is provided nonimmigrant status under section 
     101(a)(15)(H)(v)(b), or is eligible for such status, if--
       ``(A) the termination of the qualifying relationship was 
     connected to domestic violence; and
       ``(B) the spouse or child has been battered or subjected to 
     extreme cruelty by the spouse or parent alien who is provided 
     nonimmigrant status under section 101(a)(15)(H)(v)(b).
       ``(d) Other Criteria.--
       ``(1) In general.--An alien may be granted nonimmigrant 
     status under section 101(a)(15)(H)(v)(b), or granted status 
     as the spouse or child of an alien eligible for such status 
     under subsection (c), if the alien establishes that the 
     alien--
       ``(A) is not inadmissible to the United States under 
     section 212(a), except as provided in paragraph (2); or
       ``(B) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion.
       ``(2) Grounds of inadmissibility.--In determining an 
     alien's admissibility under paragraph (1)(A)--
       ``(A) paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9), and (10)(B) of section 212(a) shall not 
     apply for conduct that occurred before the date on which the 
     Secure America and Orderly Immigration Act was introduced;
       ``(B) the Secretary of Homeland Security may not waive--
       ``(i) subparagraph (A), (B), (C), (E), (G), (H), or (I) of 
     section 212(a)(2) (relating to criminals);
       ``(ii) section 212(a)(3) (relating to security and related 
     grounds); or
       ``(iii) subparagraph (A) or (C) of section 212(a)(10) 
     (relating to polygamists and child abductors);
       ``(C) for conduct that occurred before the date on which 
     the Secure America and Orderly Immigration Act was 
     introduced, the Secretary of Homeland Security may waive the 
     application of any provision of section 212(a) not listed in 
     subparagraph (B) on behalf of an individual alien for 
     humanitarian purposes, to ensure family unity, or when such 
     waiver is otherwise in the public interest; and
       ``(D) nothing in this paragraph shall be construed as 
     affecting the authority of the Secretary of Homeland Security 
     other than under this paragraph to waive the provisions of 
     section 212(a).
       ``(3) Applicability of other provisions.--Sections 240B(d) 
     and 241(a)(5) shall not apply to an alien who is applying for 
     adjustment of status in accordance with this title for 
     conduct that occurred before the date on which the Secure 
     America and Orderly Immigration Act was introduced.
       ``(e) Employment.--
       ``(1) In general.--The Secretary of Homeland Security may 
     not adjust the status of an alien to that of a nonimmigrant 
     under section 101(a)(15)(H)(v)(b) unless the alien 
     establishes that the alien--
       ``(A) was employed in the United States, whether full time, 
     part time, seasonally, or self-employed, before the date on 
     which the Secure America and Orderly Immigration Act was 
     introduced; and
       ``(B) has been employed in the United States since that 
     date.
       ``(2) Evidence of employment.--
       ``(A) Conclusive documents.--An alien may conclusively 
     establish employment status in compliance with paragraph (1) 
     by submitting to the Secretary of Homeland Security records 
     demonstrating such employment maintained by--
       ``(i) the Social Security Administration, Internal Revenue 
     Service, or by any other Federal, State, or local government 
     agency;
       ``(ii) an employer; or
       ``(iii) a labor union, day labor center, or an organization 
     that assists workers in matters related to employment.
       ``(B) Other documents.--An alien who is unable to submit a 
     document described in clauses (i) through (iii) of 
     subparagraph (A) may satisfy the requirement in paragraph (1) 
     by submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--
       ``(i) bank records;
       ``(ii) business records;
       ``(iii) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work; or
       ``(iv) remittance records.
       ``(3) Intent of congress.--It is the intent of Congress 
     that the requirement in this subsection be interpreted and 
     implemented in a manner that recognizes and takes into 
     account the difficulties encountered by aliens in obtaining 
     evidence of employment due to the undocumented status of the 
     alien.
       ``(4) Burden of proof.--An alien described in paragraph (1) 
     who is applying for adjustment of status under this section 
     has the burden of proving by a preponderance of the evidence 
     that the alien has satisfied the requirements of this 
     subsection. An alien may meet such burden of proof by 
     producing sufficient evidence to demonstrate such employment 
     as a matter of reasonable inference.
       ``(f) Special Rules for Minors and Individuals Who Entered 
     as Minors.--The employment requirements under this section 
     shall not apply to any alien under 21 years of age.
       ``(g) Education Permitted.--An alien may satisfy the 
     employment requirements under this section, in whole or in 
     part, by full-time attendance at--
       ``(1) an institution of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)); or
       ``(2) a secondary school (as defined in section 9101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801)).
       ``(h) Security and Law Enforcement Background Checks.--
       ``(1) Submission of fingerprints.--An alien may not be 
     granted nonimmigrant status under section 
     101(a)(15)(H)(v)(b), or granted status as the spouse or child 
     of an alien eligible for such status under subsection (c), 
     unless the alien submits fingerprints in accordance with 
     procedures established by the Secretary of Homeland Security.
       ``(2) Background checks.--The Secretary of Homeland 
     Security shall utilize fingerprints and other data provided 
     by the alien to conduct a background check of such alien 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for adjustment of status as described in this section.
       ``(3) Expeditious processing.--The background checks 
     required under paragraph (2) shall be conducted as 
     expeditiously as possible.
       ``(i) Period of Authorized Stay and Application Fee and 
     Fine.--
       ``(1) Period of authorized stay.--
       ``(A) In general.--The period of authorized stay for a 
     nonimmigrant described in section 101(a)(15)(H)(v)(b) shall 
     be 6 years.
       ``(B) Limitation.--The Secretary of Homeland Security may 
     not authorize a change from such nonimmigrant classification 
     to any other immigrant or nonimmigrant classification until 
     the termination of the 6-year period described in 
     subparagraph (A). The Secretary may only extend such period 
     to accommodate the processing of an application for 
     adjustment of status under section 245B.
       ``(2) Application fee.--The Secretary of Homeland Security 
     shall impose a fee for filing an application for adjustment 
     of status under this section. Such fee shall be sufficient to 
     cover the administrative and other expenses incurred in 
     connection with the review of such applications.
       ``(3) Fines.--
       ``(A) In general.--In addition to the fee required under 
     paragraph (2), the Secretary of Homeland Security may accept 
     an application for adjustment of status under this section 
     only if the alien pays a $1,000 fine.
       ``(B) Exception.--Fines paid under this paragraph shall not 
     be required from an alien under the age of 21.
       ``(4) Collection of fees and fines.--All fees and fines 
     collected under this section shall be deposited in the 
     Treasury in accordance with section 286(w).
       ``(j) Treatment of Applicants.--

[[Page S8059]]

       ``(1) In general.--An alien who files an application under 
     this section, including the alien's spouse or child--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for adjustment 
     of status;
       ``(B) shall be granted permission to travel abroad;
       ``(C) may not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for adjustment of status, unless the 
     alien, through conduct or criminal conviction, becomes 
     ineligible for such adjustment of status; and
       ``(D) may not be considered an unauthorized alien (as 
     defined in section 274A(h)(3)) until employment authorization 
     under subparagraph (A) is denied.
       ``(2) Before application period.--If an alien is 
     apprehended after the date of enactment of this section, but 
     before the promulgation of regulations pursuant to this 
     section, and the alien can establish prima facie eligibility 
     as a nonimmigrant under section 101(a)(15)(H)(v)(b), the 
     Secretary of Homeland Security shall provide the alien with a 
     reasonable opportunity, after promulgation of regulations, to 
     file an application for adjustment.
       ``(3) During certain proceedings.--Notwithstanding any 
     provision of this Act, an alien who is in removal proceedings 
     shall have an opportunity to apply for adjustment of status 
     under this title unless a final administrative determination 
     has been made.
       ``(4) Relationships of application to certain orders.--An 
     alien who is present in the United States and has been 
     ordered excluded, deported, removed, or ordered to depart 
     voluntarily from the United States under any provision of 
     this Act may, notwithstanding such order, apply for 
     adjustment of status in accordance with this section. Such an 
     alien shall not be required to file a separate motion to 
     reopen, reconsider, or vacate the exclusion, deportation, 
     removal, or voluntary departure order. If the Secretary of 
     Homeland Security grants the application, the Secretary shall 
     cancel such order. If the Secretary of Homeland Security 
     renders a final administrative decision to deny the 
     application, such order shall be effective and enforceable to 
     the same extent as if the application had not been made.
       ``(k) Administrative and Judicial Review.--
       ``(1) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority within the United States Citizenship and 
     Immigration Services to provide for a single level of 
     administrative appellate review of a determination respecting 
     an application for adjustment of status under this section.
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(2) Judicial review.--
       ``(A) In general.--There shall be judicial review in the 
     Federal courts of appeal of the denial of an application for 
     adjustment of status under this section. Notwithstanding any 
     other provision of law, the standard for review of such a 
     denial shall be governed by subparagraph (B).
       ``(B) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record, considered as a whole.
       ``(C) Jurisdiction of courts.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the district courts of the United States shall have 
     jurisdiction over any cause or claim arising from a pattern 
     or practice of the Secretary of Homeland Security in the 
     operation or implementation of this section that is 
     arbitrary, capricious, or otherwise contrary to law, and may 
     order any appropriate relief.
       ``(ii) Remedies.--A district court may order any 
     appropriate relief under clause (i) if the court determines 
     that resolution of such cause or claim will serve judicial 
     and administrative efficiency or that a remedy would 
     otherwise not be reasonably available or practicable.
       ``(3) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section.
       ``(l) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, no Federal agency or bureau, nor any officer, 
     employee, or agent of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under this section for any 
     purpose other than to make a determination on the 
     application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency or bureau to examine individual 
     applications.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security shall provide the information furnished pursuant to 
     an application filed under this section, and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(m) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment 
     before the date on which the Secure America and Orderly 
     Immigration Act is introduced, shall not, on that ground, be 
     determined to have violated this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 250 
     the following:

``Sec. 250A. H-5B nonimmigrants.''.

     SEC. 702. ADJUSTMENT OF STATUS FOR H-5B NONIMMIGRANTS.

       (a) In General.--Chapter 5 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1255 et seq.) is amended by 
     inserting after section 245A the following:


 ``ADJUSTMENT OF STATUS OF FORMER H-5B NONIMMIGRANT TO THAT OF PERSON 
                ADMITTED FOR LAWFUL PERMANENT RESIDENCE

       ``Sec. 245B. (a) Requirements.--The Secretary shall adjust 
     the status of an alien from nonimmigrant status under section 
     101(a)(15)(H)(v)(b) to that of an alien lawfully admitted for 
     permanent residence under this section if the alien satisfies 
     the following requirements:
       ``(1) Completion of employment or education requirement.--
     The alien establishes that the alien has been employed in the 
     United States, either full time, part time, seasonally, or 
     self-employed, or has met the education requirements of 
     subsection (f) or (g) of section 250A during the period 
     required by section 250A(e).
       ``(2) Rulemaking.--The Secretary shall establish 
     regulations for the timely filing and processing of 
     applications for adjustment of status for nonimmigrants under 
     section 101(a)(15)(H)(v)(b).
       ``(3) Application and fee.--The alien who applies for 
     adjustment of status under this section shall pay the 
     following:
       ``(A) Application fee.--An alien who files an application 
     under section 245B of the Immigration and Nationality Act, 
     shall pay an application fee, set by the Secretary.
       ``(B) Additional fine.--Before the adjudication of an 
     application for adjustment of status filed under this 
     section, an alien who is at least 21 years of age shall pay a 
     fine of $1,000.
       ``(4) Admissible under immigration laws.--The alien 
     establishes that the alien is not inadmissible under section 
     212(a), except for any provision of that section that is not 
     applicable or waived under section 250A(d)(2).
       ``(5) Medical examination.--The alien shall undergo, at the 
     alien's expense, an appropriate medical examination 
     (including a determination of immunization status) that 
     conforms to generally accepted professional standards of 
     medical practice.
       ``(6) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien shall establish the 
     payment of all Federal income taxes owed for employment 
     during the period of employment required by section 250A(e) 
     by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been met; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) IRS cooperation.--The Commissioner of Internal 
     Revenue shall provide documentation to an alien upon request 
     to establish the payment of all income taxes required by this 
     paragraph.

[[Page S8060]]

       ``(7) Basic citizenship skills.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the alien shall establish that the alien--
       ``(i) meets the requirements of section 312; or
       ``(ii) is satisfactorily pursuing a course of study to 
     achieve such an understanding of English and knowledge and 
     understanding of the history and government of the United 
     States.
       ``(B) Relation to naturalization examination.--An alien who 
     demonstrates that the alien meets the requirements of section 
     312 may be considered to have satisfied the requirements of 
     that section for purposes of becoming naturalized as a 
     citizen of the United States under title III.
       ``(8) Security and law enforcement background checks.--The 
     Secretary shall conduct a security and law enforcement 
     background check in accordance with procedures described in 
     section 250A(h).
       ``(9) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.), that such alien has registered under that Act.
       ``(b) Treatment of Spouses and Children.--
       ``(1) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall--
       ``(A) adjust the status to that of a lawful permanent 
     resident under this section, or provide an immigrant visa to 
     the spouse or child of an alien who adjusts status to that of 
     a permanent resident under this section; or
       ``(B) adjust the status to that of a lawful permanent 
     resident under this section for an alien who was the spouse 
     or child of an alien who adjusts status or is eligible to 
     adjust status to that of a permanent resident under section 
     245B in accordance with subsection (a), if--
       ``(i) the termination of the qualifying relationship was 
     connected to domestic violence; and
       ``(ii) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     to that of a permanent resident under this section.
       ``(2) Application of other law.--In acting on applications 
     filed under this subsection with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(c) Judicial Review; Confidentiality; Penalties.--
     Subsections (n), (o), and (p) of section 250A shall apply to 
     this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 245A 
     the following:

``Sec. 245B. Adjustment of status of former H-5B nonimmigrant to that 
              of person admitted for lawful permanent residence.''.

     SEC. 703. ALIENS NOT SUBJECT TO DIRECT NUMERICAL LIMITATIONS.

       Section 201(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)) is amended--
       (1) in subparagraph (A), by striking ``subparagraph (A) or 
     (B) of''; and
       (2) by adding at the end the following:
       ``(F) Aliens whose status is adjusted from the status 
     described in section 101(a)(15)(H)(v)(b).''.

     SEC. 704. EMPLOYER PROTECTIONS.

       (a) Immigration Status of Alien.--Employers of aliens 
     applying for adjustment of status under section 245B or 250A 
     of the Immigration and Nationality Act, as added by this 
     title, shall not be subject to civil and criminal tax 
     liability relating directly to the employment of such alien 
     prior to such alien receiving employment authorization under 
     this title.
       (b) Provision of Employment Records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under section 245B or 250A of the 
     Immigration and Nationality Act or any other application or 
     petition pursuant to any other immigration law, shall not be 
     subject to civil and criminal liability under section 274A of 
     such Act for employing such unauthorized aliens.
       (c) Applicability of Other Law.--Nothing in this section 
     may be used to shield an employer from liability under 
     section 274B of the Immigration and Nationality Act (8 U.S.C. 
     1324b) or any other labor or employment law.

     SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Homeland Security such sums as may be 
     necessary to carry out this title and the amendments made by 
     this title.
       (b) Availability of Funds.--Funds appropriated pursuant 
     subsection (a) shall remain available until expended.
       (c) Sense of Congress.--It is the sense of Congress that 
     funds authorized to be appropriated under subsection (a) 
     should be directly appropriated so as to facilitate the 
     orderly and timely commencement of the processing of 
     applications filed under sections 245B and 250A of the 
     Immigration and Nationality Act, as added by this Act.

            TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD

     SEC. 801. RIGHT TO QUALIFIED REPRESENTATION.

       Section 292 of the Immigration and Nationality Act (8 
     U.S.C. 1362) is amended to read as follows:


       ``RIGHT TO QUALIFIED REPRESENTATION IN IMMIGRATION MATTERS

       ``Sec. 292. (a) Authorized Representatives in Immigration 
     Matters.--Only the following individuals are authorized to 
     represent an individual in an immigration matter before any 
     Federal agency or entity:
       ``(1) An attorney.
       ``(2) A law student who is enrolled in an accredited law 
     school, or a graduate of an accredited law school who is not 
     admitted to the bar, if--
       ``(A) the law student or graduate is appearing at the 
     request of the individual to be represented;
       ``(B) in the case of a law student, the law student has 
     filed a statement that the law student is participating, 
     under the direct supervision of a faculty member, attorney, 
     or accredited representative, in a legal aid program or 
     clinic conducted by a law school or nonprofit organization, 
     and that the law student is appearing without direct or 
     indirect remuneration from the individual the law student 
     represents;
       ``(C) in the case of a graduate, the graduate has filed a 
     statement that the graduate is appearing under the 
     supervision of an attorney or accredited representative and 
     that the graduate is appearing without direct or indirect 
     remuneration from the individual the graduate represents; and
       ``(D) the law student's or graduate's appearance is--
       ``(i) permitted by the official before whom the law student 
     or graduate wishes to appear; and
       ``(ii) accompanied by the supervising faculty member, 
     attorney, or accredited representative, to the extent 
     required by such official.
       ``(3) Any reputable individual, if--
       ``(A) the individual is appearing on an individual case 
     basis, at the request of the individual to be represented;
       ``(B) the individual is appearing without direct or 
     indirect remuneration and the individual files a written 
     declaration to that effect, except as described in 
     subparagraph (D);
       ``(C) the individual has a pre-existing relationship or 
     connection with the individual entitled to representation, 
     such as a relative, neighbor, clergyman, business associate, 
     or personal friend, except that this requirement may be 
     waived, as a matter of administrative discretion, in cases 
     where adequate representation would not otherwise be 
     available; and
       ``(D) if making a personal appearance on behalf of another 
     individual, the appearance is permitted by the official 
     before whom the individual wishes to appear, except that such 
     permission shall not be granted with respect to any 
     individual who regularly engages in immigration and 
     naturalization practice or preparation, or holds himself or 
     herself out to the public as qualified to do so.
       ``(4) An individual representing a recognized organization 
     (as described in subsection (f)) who has been approved to 
     serve as an accredited representative by the Board of 
     Immigration Appeals under subsection (f)(2).
       ``(5) An accredited official, in the United States, of the 
     government to which an alien owes allegiance, if the official 
     appears solely in his or her official capacity and with the 
     consent of the person to be represented.
       ``(6) An individual who is licensed to practice law and is 
     in good standing in a court of general jurisdiction of the 
     country in which the individual resides and who is engaged in 
     such practice, if the person represents persons only in 
     matters outside the United States and that the official 
     before whom such person wishes to appear allows such 
     representation, as a matter of discretion.
       ``(7) An attorney, or an organization represented by an 
     attorney, may appear, on a case-by-case basis, as amicus 
     curiae, if the Board of Immigration Appeals grants such 
     permission and the public interest will be served by such 
     appearance.
       ``(b) Former Employees.--No individual previously employed 
     by the Department of Justice, Department of State, Department 
     of Labor, or Department of Homeland Security may be permitted 
     to act as an authorized representative under this section, if 
     such authorization would violate any other applicable 
     provision of Federal law or regulation. In addition, any 
     application for such authorization must disclose any prior 
     employment by or contract with such agencies for services of 
     any nature.
       ``(c) Advertising.--Only an attorney or an individual 
     approved under subsection (f)(2) as an accredited 
     representative may advertise or otherwise hold themselves out 
     as being able to provide representation in an immigration 
     matter. This provision shall in no way be deemed to diminish 
     any Federal or State law to regulate, control, or enforce 
     laws regarding such advertisement, solicitation, or offer of 
     representation.
       ``(d) Removal Proceedings.--In any proceeding for the 
     removal of an individual from the United States and in any 
     appeal proceedings from such proceeding, the individual shall 
     have the privilege, as the individual shall choose, of being 
     represented (at no expense to the Government) by an 
     individual described in subsection (a). Representation by an 
     individual other than a person described in subsection (a) 
     may cause the

[[Page S8061]]

     representative to be subject to civil penalties or such other 
     penalties as may be applicable.
       ``(e) Benefits Filings.--In any filing or submission for an 
     immigration related benefit or a determination related to the 
     immigration status of an individual made to the Department of 
     Homeland Security, the Department of Labor, or the Department 
     of State, the individual shall have the privilege, as the 
     individual shall choose, of being represented (at no expense 
     to the Government) by an individual described in subsection 
     (a). Representation by an individual other than an individual 
     described in subsection (a) is cause for the representative 
     to be subject to civil or criminal penalties, as may be 
     applicable.
       ``(f) Recognized Organizations and Accredited 
     Representatives.--
       ``(1) Recognized organizations.--
       ``(A) In general.--The Board of Immigration Appeals may 
     determine that a person is a recognized organization if such 
     person--
       ``(i) is a nonprofit religious, charitable, social service, 
     or similar organization established in the United States 
     that--

       ``(I) is recognized by the Board of Immigration Appeals; 
     and
       ``(II) is authorized to designate a representative to 
     appear in an immigration matter before the Department of 
     Homeland Security or the Executive Office for Immigration 
     Review of the Department of Justice; and

       ``(ii) demonstrates to the Board that such person--

       ``(I) makes only nominal charges and assesses no excessive 
     membership dues for individuals given assistance; and
       ``(II) has at its disposal adequate knowledge, information, 
     and experience.

       ``(B) Bonding.--The Board, in its discretion, may impose a 
     bond requirement on new organizations seeking recognition.
       ``(C) Reporting obligations.--Recognized organizations 
     shall promptly notify the Board when the organization no 
     longer meets the requirements for recognition or when an 
     accredited representative employed by the recognized 
     organization ceases to be employed by the recognized 
     organization.
       ``(2) Accredited representatives.--The Board of Immigration 
     Appeals shall approve any qualified individual designated by 
     a recognized organization to serve as an accredited 
     representative. Such individual must be employed by the 
     recognized organization and must meet all requirements set 
     forth in this section and in the accompanying regulations to 
     be authorized to represent individuals in an immigration 
     matter. Accredited representatives, through their recognized 
     organizations, must certify their continuing eligibility for 
     accreditation every 3 years with the Board of Immigration 
     Appeals. Accredited representatives who fail to comply with 
     these requirements shall not have authority to represent 
     persons in an immigration matter for the recognized 
     organization.
       ``(g) Prohibited Acts.--An individual, other than an 
     individual authorized to represent an individual under this 
     section, may not--
       ``(1) directly or indirectly provide or offer 
     representation regarding an immigration matter for 
     compensation or contribution;
       ``(2) advertise or solicit representation in an immigration 
     matter;
       ``(3) retain any compensation provided for a prohibited act 
     described in paragraph (1) or (2), regardless of whether any 
     petition, application, or other document was filed with any 
     government agency or entity and regardless of whether a 
     petition, application, or other document was prepared or 
     represented to have been prepared by such individual;
       ``(4) represent directly or indirectly that the individual 
     is an attorney or supervised by or affiliated with an 
     attorney, when such representation is false; or
       ``(5) violate any applicable civil or criminal statute or 
     regulation of a State regarding the provision of 
     representation by providing or offering to provide 
     immigration or immigration-related assistance referenced in 
     this subsection.
       ``(h) Civil Enforcement.--
       ``(1) In general.--Any person, or any entity acting for the 
     interests of itself, its members, or the general public 
     (including a Federal law enforcement official or agency or 
     law enforcement official or agency of any State or political 
     subdivision of a State), that has reason to believe that any 
     person is being or has been injured by reason of a violation 
     of subsection (g) may commence a civil action in any court of 
     competent jurisdiction.
       ``(2) Remedies.--
       ``(A) Damages.--In any civil action brought under this 
     subsection, if the court finds that the defendant has 
     violated subsection (g), it shall award actual damages, plus 
     the greater of--
       ``(i) an amount treble the amount of actual damages; or
       ``(ii) $1,000 per violation.
       ``(B) Injunctive relief.--The court may award appropriate 
     injunctive relief, including temporary, preliminary, or 
     permanent injunctive relief, and restitution. Injunctive 
     relief may include, where appropriate, an order temporarily 
     or permanently enjoining the defendant from providing any 
     service to any person in any immigration matter. The court 
     may make such orders or judgments, including the appointment 
     of a receiver, as may be necessary to prevent the commission 
     of any act described in subsection (g).
       ``(C) Attorney's fees.--The court shall also grant a 
     prevailing plaintiff reasonable attorney's fees and costs, 
     including expert witness fees.
       ``(D) Civil penalties.--The court may also assess a civil 
     penalty not exceeding $50,000 for a first violation, and not 
     exceeding $100,000 for subsequent violations.
       ``(E) Cumulative remedies.--Unless otherwise expressly 
     provided, the remedies or penalties provided under this 
     paragraph are cumulative to each other and to the remedies or 
     penalties available under all other Federal laws or laws of 
     the jurisdiction where the violation occurred.
       ``(3) Nonpreemption.--Nothing in this subsection shall be 
     construed to preempt any other private right of action or any 
     right of action pursuant to the laws of any jurisdiction.
       ``(4) Discovery.--Information obtained through discovery in 
     a civil action under this subsection shall not be used in any 
     criminal action. Upon the request of any party to a civil 
     action under this subsection, any part of the court file that 
     makes reference to information discovered in a civil action 
     under this subsection may be sealed.
       ``(i) Nonpreemption of More Protective State and Local 
     Laws.--The provisions of this section supersede laws, 
     regulations, and municipal ordinances of any State only to 
     the extent such laws, regulations, and municipal ordinances 
     impede the application of any provision of this section. Any 
     State or political subdivision of a State may impose 
     requirements supplementing those imposed by this section.
       ``(j) Definitions.--As used in this section--
       ``(1) the term `attorney' means a person who--
       ``(A) is a member in good standing of the bar of the 
     highest court of a State; and
       ``(B) is not under any order of any court suspending, 
     enjoining, restraining, disbarring, or otherwise restricting 
     such person in the practice of law;
       ``(2) the term `compensation' means money, property, labor, 
     promise of payment, or any other consideration provided 
     directly or indirectly to an individual
       ``(3) the term `immigration matter' means any proceeding, 
     filing, or action affecting the immigration or citizenship 
     status of any person, which arises under any immigration or 
     nationality law, Executive order, Presidential proclamation, 
     or action of any Federal agency;
       ``(4) the term `representation', when used with respect to 
     the representation of a person, includes--
       ``(A) the appearance, either in person or through the 
     preparation or filing of any brief or other document, paper, 
     application, or petition on behalf of another person or 
     client, before any Federal agency or officer; and
       ``(B) the study of the facts of a case and the applicable 
     laws, coupled with the giving of advice and auxiliary 
     activities, including the incidental preparation of papers; 
     and
       ``(5) the term `State' includes a State or an outlying 
     possession of the United States.''.

     SEC. 802. PROTECTION OF WITNESS TESTIMONY.

       (a) Definition.--Section 101(a)(15)(U)(i) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(i)) is 
     amended--
       (1) by inserting in subclause (I) after the phrase ``clause 
     (iii)'' the following: ``or has suffered substantial 
     financial, physical, or mental harm as the result of a 
     prohibited act described in section 292;''
       (2) by inserting in subclause (II) after the phrase 
     ``clause (iii)'' the following: ``or section 292'';
       (3) by inserting in subclause (III) after the phrase 
     ``clause (iii)'' the following: ``or section 292''; and
       (4) by inserting in subclause (IV) after the phrase 
     ``clause (iii)'' the following: ``or section 292''.
       (b) Admission of Nonimmigrants.--Section 214(p) of the 
     Immigration and Nationality Act of (8 U.S.C. 1184(p)) is 
     amended--
       (1) in paragraph (1), by inserting ``or section 274E'' 
     after ``section 101(a)(15)(U)(iii)'' each place it appears; 
     and
       (2) in paragraph (2)(A), by striking ``10,000'' and 
     inserting ``15,000''.

                      TITLE IX--CIVICS INTEGRATION

     SEC. 901. FUNDING FOR THE OFFICE OF CITIZENSHIP.

       (a) Authorization.--The Secretary of Homeland Security, 
     acting through the Director of the Bureau of Citizenship and 
     Immigration Services, is authorized to establish the United 
     States Citizenship Foundation (referred to in this section as 
     the ``Foundation''), an organization duly incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship (as described in section 451(f)(2) of the 
     Homeland Security Act of 2002 (6 U.S.C. 271(f)(2)).
       (b) Gifts.--
       (1) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (2) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the mission of the Office of Citizenship.

     SEC. 902. CIVICS INTEGRATION GRANT PROGRAM.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a competitive grant program to fund--
       (1) efforts by entities certified by the Office of 
     Citizenship to provide civics and English as a second 
     language courses; or

[[Page S8062]]

       (2) other activities approved by the Secretary to promote 
     civics and English as a second language.
       (b) Acceptance of Gifts.--The Secretary may accept and use 
     gifts from the United States Citizenship Foundation for 
     grants under this section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

                TITLE X--PROMOTING ACCESS TO HEALTH CARE

     SEC. 1001. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES 
                   FURNISHED TO UNDOCUMENTED ALIENS.

       Section 1011 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (42 U.S.C. 1395dd 
     note) is amended--
       (1) by striking ``2008'' and inserting ``2011''; and
       (2) in subsection (c)(5), by adding at the end the 
     following:
       ``(D) Nonimmigrants described in section 101(a)(15)(H)(v) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(v)''.

     SEC. 1002. PROHIBITION AGAINST OFFSET OF CERTAIN MEDICARE AND 
                   MEDICAID PAYMENTS.

       Payments made under section 1011 of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (42 U.S.C. 1395dd note)--
       (1) shall not be considered ``third party coverage'' for 
     the purposes of section 1923 of the Social Security Act (42 
     U.S.C. 1396r-4); and
       (2) shall not impact payments made under such section of 
     the Social Security Act.

     SEC. 1003. PROHIBITION AGAINST DISCRIMINATION AGAINST ALIENS 
                   ON THE BASIS OF EMPLOYMENT IN HOSPITAL-BASED 
                   VERSUS NONHOSPITAL-BASED SITES.

       Section 214(l)(1)(C) of the Immigrant and Nationality Act 
     (8 U.S.C. 1184(l)(1)(C) is amended--
       (1) in clause (i), by striking ``and'' at the end; and
       (2) by adding at the end the following:
       ``(iii) such interested Federal agency or interested State 
     agency, in determining which aliens will be eligible for such 
     waivers, does not utilize selection criteria, other than as 
     described in this subsection, that discriminate on the basis 
     of the alien's employment in a hospital-based versus 
     nonhospital-based facility or organization; and''.

     SEC. 1004. BINATIONAL PUBLIC HEALTH INFRASTRUCTURE AND HEALTH 
                   INSURANCE.

       (a) Study.--
       (1) In general.--The Secretary of Health and Human Services 
     shall contract with the Institute of Medicine of the National 
     Academies (referred to in this section as the ``Institute'') 
     to study binational public health infrastructure and health 
     insurance efforts.
       (2) Input.--In conducting the study under paragraph (1), 
     the Institute shall solicit input from border health experts 
     and health insurance companies.
       (b) Report.--
       (1) In general.--Not later than 1 year after the date on 
     which the Secretary of Health and Human Services enters into 
     a contract under subsection (a), the Institute shall submit a 
     report concerning the study conducted under subsection (a) to 
     the Secretary of Health and Human Services and the 
     appropriate committees of Congress.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the recommendations of the Institute on ways to 
     expand or improve binational public health infrastructure and 
     health insurance efforts.

                        TITLE XI--MISCELLANEOUS

     SEC. 1101. SUBMISSION TO CONGRESS OF INFORMATION REGARDING H-
                   5A NONIMMIGRANTS.

       (a) Ensuring Accurate Count.--The Secretary of State and 
     the Secretary of Homeland Security shall maintain an accurate 
     count of the number of aliens subject to the numerical 
     limitations under section 214(g)(1)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(1)(C)) who are issued visas 
     or otherwise provided nonimmigrant status.
       (b) Provision of Information.--
       (1) Quarterly notification.--Beginning with the first 
     fiscal year after regulations are promulgated to implement 
     this Act, the Secretary of State and the Secretary of 
     Homeland Security shall submit quarterly reports to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives containing the 
     numbers of aliens who were issued visas or otherwise provided 
     nonimmigrant status under section 101(a)(15)(H)(v)(a) of the 
     Immigrant and Nationality Act (8 U.S.C. 1101(a)(15)(H)(v)(a)) 
     during the preceding 3-month period.
       (2) Annual submission.--Beginning with the first fiscal 
     year after regulations are promulgated to implement this Act, 
     the Secretary of Homeland Security shall submit annual 
     reports to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives, containing information on the countries of 
     origin and occupations of, geographic area of employment in 
     the United States, and compensation paid to, aliens who were 
     issued visas or otherwise provided nonimmigrant status under 
     such section 101(a)(15)(H)(v)(a). The Secretary shall compile 
     such reports based on the data reported by employers to the 
     Employment Eligibility Confirmation System established in 
     section 402.

     SEC. 1102. H-5 NONIMMIGRANT PETITIONER ACCOUNT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w)(1) There is established in the general fund of the 
     Treasury of the United States an account, which shall be 
     known as the `H-5 Nonimmigrant Petitioner Account'.
       ``(2) There shall be deposited as offsetting receipts into 
     the H-5 Nonimmigrant Petitioners Account--
       ``(A) all fees collected under section 218A; and
       ``(B) all fines collected under section 212(n)(2)(I).
       ``(3) Of the fees and fines deposited into the H-5 
     Nonimmigrant Petitioner Account--
       ``(A) 53 percent shall remain available to the Secretary of 
     Homeland Security for efforts related to the adjudication and 
     implementation of the H-5 visa programs described in sections 
     221(a) and 250A and any other efforts necessary to carry out 
     the provisions of the Secure America and Orderly Immigration 
     Act and the amendments made by such Act, of which the 
     Secretary shall allocate--
       ``(i) 10 percent shall remain available to the Secretary of 
     Homeland Security for the border security efforts described 
     in title I of the Secure America and Orderly Immigration Act.
       ``(ii) not more than 1 percent to promote public awareness 
     of the H-5 visa program, to protect migrants from fraud, and 
     to combat the unauthorized practice of law described in title 
     III of the Secure America and Orderly Immigration Act;
       ``(iii) not more than 1 percent to the Office of 
     Citizenship to promote civics integration activities 
     described in section 901 of the Secure America and Orderly 
     Immigration Act; and
       ``(iv) 2 percent for the Civics Integration Grant Program 
     under section 902 of the Secure America and Orderly 
     Immigration Act.
       ``(B) 15 percent shall remain available to the Secretary of 
     Labor for the enforcement of labor standards in those 
     geographic and occupational areas in which H-5A visa holders 
     are likely to be employed and for other enforcement efforts 
     under the Secure America and Orderly Immigration Act;
       ``(C) 15 percent shall remain available to the Commissioner 
     of Social Security for the creation and maintenance of the 
     Employment Eligibility Confirmation System described in 
     section 402 of the Secure America and Orderly Immigration 
     Act;
       ``(D) 15 percent shall remain available to the Secretary of 
     State to carry out any necessary provisions of the Secure 
     America and Orderly Immigration Act; and
       ``(E) 2 percent shall remain available to the Secretary of 
     Health and Human Services for the reimbursement of hospitals 
     serving individuals working under programs established in 
     this Act.''.

     SEC. 1103. ANTI-DISCRIMINATION PROTECTIONS.

       Section 274B(a)(3)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1324b(a)(3)(B)) is amended to read as follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208; or
       ``(v) granted the status of nonimmigrant under section 
     101(a)(15)(H)(v).''.

     SEC. 1104. WOMEN AND CHILDREN AT RISK OF HARM.

       (a) Certain Children and Women at Risk of Harm.--Section 
     101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(27)) is amended--
       (1) in subparagraph (L), by inserting a semicolon at the 
     end;
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(N) subject to subsection (j), an immigrant who is not 
     present in the United States--
       ``(i) who is--

       ``(I) referred to a consular, immigration, or other 
     designated official by a United States Government agency, an 
     international organization, or recognized nongovernmental 
     entity designated by the Secretary of State for purposes of 
     such referrals; and
       ``(II) determined by such official to be a minor under 18 
     years of age (as determined under subsection (j)(5))--

       ``(aa) for whom no parent or legal guardian is able to 
     provide adequate care;
       ``(bb) who faces a credible fear of harm related to his or 
     her age;
       ``(cc) who lacks adequate protection from such harm; and
       ``(dd) for whom it has been determined to be in his or her 
     best interests to be admitted to the United States; or
       ``(ii) who is--

       ``(I) referred to a consular or immigration official by a 
     United States Government agency, an international 
     organization or recognized nongovernmental entity designated 
     by the Secretary of State for purposes of such referrals; and
       ``(II) determined by such official to be a female who has--

       ``(aa) a credible fear of harm related to her sex; and

[[Page S8063]]

       ``(bb) a lack of adequate protection from such harm.''.
       (b) Statutory Construction.--Section 101 of the Immigration 
     and Nationality Act (8 U.S.C. 1101) is amended by adding at 
     the end the following:
       ``(j)(1) No natural parent or prior adoptive parent of any 
     alien provided special immigrant status under subsection 
     (a)(27)(N)(i) shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this Act.
       ``(2)(A) No alien who qualifies for a special immigrant 
     visa under subsection (a)(27)(N)(ii) may apply for derivative 
     status or petition for any spouse who is represented by the 
     alien as missing, deceased, or the source of harm at the time 
     of the alien's application and admission. The Secretary of 
     Homeland Security may waive this requirement for an alien who 
     demonstrates that the alien's representations regarding the 
     spouse were bona fide.
       ``(B) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) may apply for derivative status 
     or petition for any sibling under the age of 18 years or 
     children under the age of 18 years of any such alien, if 
     accompanying or following to join the alien. For purposes of 
     this subparagraph, a determination of age shall be made using 
     the age of the alien on the date the petition is filed with 
     the Department of Homeland Security.
       ``(3) An alien who qualifies for a special immigrant visa 
     under subsection (a)(27)(N) shall be treated in the same 
     manner as a refugee solely for purposes of section 412.
       ``(4) The provisions of paragraphs (4), (5), and (7)(A) of 
     section 212(a) shall not be applicable to any alien seeking 
     admission to the United States under subsection (a)(27)(N), 
     and the Secretary of Homeland Security may waive any other 
     provision of such section (other than paragraph (2)(C) or 
     subparagraph (A), (B), (C), or (E) of paragraph (3)) with 
     respect to such an alien for humanitarian purposes, to assure 
     family unity, or when it is otherwise in the public interest. 
     Any such waiver by the Secretary of Homeland Security shall 
     be in writing and shall be granted only on an individual 
     basis following an investigation. The Secretary of Homeland 
     Security shall provide for the annual reporting to Congress 
     of the number of waivers granted under this paragraph in the 
     previous fiscal year and a summary of the reasons for 
     granting such waivers.
       ``(5) For purposes of subsection (a)(27)(N)(i)(II), a 
     determination of age shall be made using the age of the alien 
     on the date on which the alien was referred to the consular, 
     immigration, or other designated official.
       ``(6) The Secretary of Homeland Security shall waive any 
     application fee for a special immigrant visa for an alien 
     described in section 101(a)(27)(N).''.
       (c) Allocation of Special Immigrant Visas.--Section 
     203(b)(4) of the Immigration Nationality Act (8 U.S.C. 
     1153(b)(4)) is amended by striking ``(A) or (B) thereof'' and 
     inserting ``(A), (B), or (N) of such section''.
       (d) Expedited Process.--Not later than 45 days after the 
     date of referral to a consular, immigration, or other 
     designated official as described in section 101(a)(27)(N) of 
     the Immigration and Nationality Act, as added by subsection 
     (a), special immigrant status shall be adjudicated and, if 
     granted, the alien shall be--
       (1) paroled to the United States pursuant to section 
     212(d)(5) of that Act (8 U.S.C. 1182(d)(5)); and
       (2) allowed to apply for adjustment of status to permanent 
     residence under section 245 of that Act (8 U.S.C. 1255) not 
     later than 1 year after the alien's arrival in the United 
     States.
       (e) Requirement Prior to Entry Into the United States.--
       (1) Database search.--An alien may not be admitted to the 
     United States under this section or an amendment made by this 
     section until the Secretary of Homeland Security has ensured 
     that a search of each database maintained by an agency or 
     department of the United States has been conducted to 
     determine whether such alien is ineligible to be admitted to 
     the Untied States on criminal, security, or related grounds.
       (2) Cooperation and schedule.--The Secretary of Homeland 
     Security and the head of each appropriate agency or 
     department of the United States shall work cooperatively to 
     ensure that each database search required by paragraph (1) is 
     completed not later than 45 days after the date on which an 
     alien files a petition seeking a special immigration visa 
     under section 101(a)(27)(N) of the Immigration and 
     Nationality Act, as added by subsection (a).
       (f) Requirement After Entry Into the United States.--
       (1) Requirement to submit fingerprints.--
       (A) In general.--Not later than 30 days after the date that 
     an alien enters the United States under this section or an 
     amendment made by this section, the alien shall be 
     fingerprinted and submit to the Secretary of Homeland 
     Security such fingerprints and any other personal biometric 
     data required by the Secretary.
       (B) Other requirements.--The Secretary of Homeland Security 
     may prescribe regulations that permit fingerprints submitted 
     by an alien under section 262 of the Immigration and 
     Nationality Act (8 U.S.C. 1302) or any other provision of law 
     to satisfy the requirement to submit fingerprints under 
     subparagraph (A).
       (2) Database search.--The Secretary of Homeland Security 
     shall ensure that a search of each database that contains 
     fingerprints that is maintained by an agency or department of 
     the United States be conducted to determine whether such 
     alien is ineligible for an adjustment of status under any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.) on criminal, security, or related grounds.
       (3) Cooperation and schedule.--The Secretary of Homeland 
     Security and the head of each appropriate agency or 
     department of the United States shall work cooperatively to 
     ensure that each database search required under paragraph (2) 
     is completed not later than 180 days after the date on which 
     the alien enters the United States.
       (4) Administrative and judicial review.--
       (A) Administrative review.--An alien who is admitted to the 
     United States under this section or an amendment made by this 
     section who is determined to be ineligible for an adjustment 
     of status pursuant to section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182) may appeal such a 
     determination through the Administrative Appeals Office of 
     the Bureau of Citizenship and Immigration Services of the 
     Department of Homeland Security. The Secretary of Homeland 
     Security shall ensure that a determination on such appeal is 
     made not later than 60 days after the date on which the 
     appeal is filed.
       (B) Judicial review.--Nothing in this section, or in an 
     amendment made by this section, may preclude application of 
     section 242(a)(2)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(a)(2)(B)).
       (g) Report to Congress.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives on the progress of the implementation of this 
     section and the amendments made by this section, including--
       (1) data related to the implementation of this section and 
     the amendments made by this section;
       (2) data regarding the number of placements of females and 
     children who faces a credible fear of harm as referred to in 
     section 101(a)(27)(N) of the Immigration and Nationality Act, 
     as added by subsection (a); and
       (3) any other information that the Secretary of Homeland 
     Security determines to be appropriate.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section and the amendments made by this section.

     SEC. 1105. EXPANSION OF S VISA.

       (a) Expansion of S Visa Classification.--Section 
     101(a)(15)(S) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(S)) is amended--
       (1) in clause (i)--
       (A) by striking ``Attorney General'' each place that term 
     appears and inserting ``Secretary of Homeland Security''; and
       (B) by striking ``or'' at the end; and
       (2) in clause (ii)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``1956,'' and all that follows through 
     ``the alien;'' and inserting the following: ``1956; or
       ``(iii) who the Secretary of Homeland Security and the 
     Secretary of State, in consultation with the Director of 
     Central Intelligence, jointly determine--
       ``(I) is in possession of critical reliable information 
     concerning the activities of governments or organizations, or 
     their agents, representatives, or officials, with respect to 
     weapons of mass destruction and related delivery systems, if 
     such governments or organizations are at risk of developing, 
     selling, or transferring such weapons or related delivery 
     systems; and
       ``(II) is willing to supply or has supplied, fully and in 
     good faith, information described in subclause (I) to 
     appropriate persons within the United States Government;

     and, if the Secretary of Homeland Security (or with respect 
     to clause (ii), the Secretary of State and the Secretary of 
     Homeland Security jointly) considers it to be appropriate, 
     the spouse, married and unmarried sons and daughters, and 
     parents of an alien described in clause (i), (ii), or (iii) 
     if accompanying, or following to join, the alien;''.
       (b) Numerical Limitation.--Section 214(k)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(k)(1)) is 
     amended to read as follows:
       ``(1) The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(S) in any fiscal year 
     may not exceed 3,500.''.

     SEC. 1106. VOLUNTEERS.

       It is not a violation of clauses (ii), (iii), or (iv) of 
     subparagraph (A) for a religious denomination described in 
     section 101(a)(27)(C)(i) or an affiliated religious 
     organization described in section 101(a)(27)(C)(ii)(III), or 
     their agents or officers, to encourage, invite, call, allow, 
     or enable an alien, who is already present in the United 
     States in violation of law to carry on the violation 
     described in section 101(a)(27)(C)(ii)(I), as a volunteer who 
     is not compensated as an employee, notwithstanding the 
     provision of room, board, travel, and other basic living 
     expenses.
                                 ______
                                 
  SA 1181. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of

[[Page S8064]]

Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

                     TITLE VI--HAZARDOUS MATERIALS

     SEC. 601. SHORT TITLE; FINDINGS.

       (a) Short Title.--This title may be cited as the 
     ``Hazardous Materials Vulnerability Reduction Act of 2005''.
       (b) Findings.--Congress makes the following findings:
       (1) Congress has specifically given the Department of 
     Homeland Security, working in conjunction with the Department 
     of Transportation and other Federal agencies, the primary 
     authority for the security of the United States 
     transportation sector, including passenger and freight rail.
       (2) This authority includes the responsibility to protect 
     American citizens from terrorist incidents related to the 
     transport by rail of extremely hazardous materials.
       (3) Federal agencies have determined that hazardous 
     materials can be used as tools of destruction and terror and 
     that extremely hazardous materials are particularly 
     vulnerable to sabotage or misuse during transport.
       (4) The Federal Bureau of Investigation and the Central 
     Intelligence Agency have found evidence suggesting that 
     chemical tankers used to transport and store extremely 
     hazardous chemicals have been targeted by terrorist groups.
       (5) Rail shipments of extremely hazardous materials are 
     often routed through highly attractive targets and densely 
     populated areas, including within a few miles of the White 
     House and United States Capitol.
       (6) According to security experts, certain extremely 
     hazardous materials present a mass casualty terrorist 
     potential rivaled only by improvised nuclear devices, certain 
     acts of bioterrorism, and the collapse of large occupied 
     buildings.
       (7) A report by the Chlorine Institute found that a 90-ton 
     rail tanker, if successfully targeted by an explosive device, 
     could cause a catastrophic release of an extremely hazardous 
     material, creating a toxic cloud 40 miles long and 10 miles 
     wide.
       (8) The Environmental Protection Agency estimates that in 
     an urban area a toxic cloud could extend for 14 miles.
       (9) The United States Naval Research Laboratories concluded 
     that a toxic plume of this type, created while there was a 
     public event on the National Mall, could kill or injure up to 
     100,000 people in less than 30 minutes.
       (10) According to security experts, rail shipments of 
     extremely hazardous materials are particularly vulnerable and 
     dangerous, however the Federal Government has made no 
     material reduction in the inherent vulnerability of hazardous 
     chemical targets inside the United States.
       (11) While the safety record related to rail shipments of 
     hazardous materials is very good, recent accidental releases 
     of extremely hazardous materials in rural South Carolina and 
     San Antonio, Texas, demonstrate the fatal danger posed by 
     extremely hazardous materials.
       (12) Security experts have determined that re-routing these 
     rail shipments is the only way to immediately eliminate this 
     danger in high threat areas, which currently puts hundreds of 
     thousands of people at risk.
       (13) Security experts have determined that the primary 
     benefit of re-routing the shipment of extremely hazardous 
     materials is a reduction in the number of people that would 
     be exposed to the deadly impact of the release due to an 
     attack, and the principal cost would be the additional 
     operating expense associated with possible increase inhaul 
     for the shipment of extremely hazardous materials.
       (14) Less than 5 percent of all hazardous materials shipped 
     by rail will meet the definition of extremely hazardous 
     materials under this title.

     SEC. 602. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Extremely hazardous material.--The term ``extremely 
     hazardous material'' means any chemical, toxin, or other 
     material being shipped or stored in sufficient quantities to 
     represent an acute health threat or have a high likelihood of 
     causing injuries, casualties, or economic damage if 
     successfully targeted by a terrorist attack, including 
     materials that--
       (A) are--
       (i) toxic by inhalation;
       (ii) extremely flammable; or
       (iii) highly explosive;
       (B) contain high level nuclear waste; or
       (C) are otherwise designated by the Secretary as extremely 
     hazardous.
       (2) High threat corridor.--
       (A) In general.--The term ``high threat corridor'' means a 
     geographic area that has been designated by the Secretary as 
     particularly vulnerable to damage from the release of 
     extremely hazardous materials, including--
       (i) large populations centers;
       (ii) areas important to national security;
       (iii) areas that terrorists may be particularly likely to 
     attack; or
       (iv) any other area designated by the Secretary as 
     vulnerable to damage from the rail shipment or storage of 
     extremely hazardous materials.
       (B) Other areas.--
       (i) In general.--Any city that is not designated as a high 
     threat corridor under subparagraph (A) may file a petition 
     with the Secretary to be so designated.
       (ii) Procedure.--The Secretary shall establish, by rule, 
     regulation, or order, procedures for petitions under clause 
     (i), including--

       (I) designating the local official eligible to file a 
     petition;
       (II) establishing the criteria a city shall include in a 
     petition;
       (III) allowing a city to submit evidence supporting its 
     petition; and
       (IV) requiring the Secretary to rule on the petition not 
     later than 60 days after the date of submission of the 
     petition.

       (iii) Notice.--The Secretary's decision regarding any 
     petition under clause (i) shall be communicated to the 
     requesting city, the Governor of the State in which the city 
     is located, and the Senators and Members of the House of 
     Representatives that represent the State in which the city is 
     located.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security or the Secretary's designee.
       (4) Storage.--The term ``storage'' means any temporary or 
     long-term storage of extremely hazardous materials in rail 
     tankers or any other medium utilized to transport extremely 
     hazardous materials by rail.

     SEC. 603. REGULATIONS FOR TRANSPORT OF EXTREMELY HAZARDOUS 
                   MATERIALS.

       (a) Purposes of Regulations.--The regulations issued under 
     this section shall establish a national, risk-based policy 
     for extremely hazardous materials transported by rail or 
     being stored. To the extent the Secretary determines 
     appropriate, the regulations issued under this section shall 
     be consistent with other Federal, State, and local 
     regulations and international agreements relating to shipping 
     or storing extremely hazardous materials.
       (b) Issuance of Regulations.--Not later than 90 days after 
     the date of enactment of this Act, the Secretary shall issue, 
     after notice and opportunity for public comment, regulations 
     concerning the rail shipment and storage of extremely 
     hazardous materials by owners and operators of railroads. In 
     developing such regulations, the Secretary shall consult with 
     other Federal, State, and local government entities, security 
     experts, representatives of the hazardous materials rail 
     shipping industry, labor unions representing persons who work 
     with hazardous materials in the rail shipping industry, and 
     other interested persons, including private sector interest 
     groups.
       (c) Requirements.--The regulations issued under this 
     section shall--
       (1) include a list of the high threat corridors designated 
     by the Secretary;
       (2) contain the criteria used by the Secretary to determine 
     whether an area qualifies as a high threat corridor;
       (3) include a list of extremely hazardous materials;
       (4) establish protocols for owners and operators of 
     railroads that ship extremely hazardous materials regarding 
     notifying all governors, mayors, and other designated 
     officials and local emergency responders in a high threat 
     corridor of the quantity and type of extremely hazardous 
     materials that are transported by rail through the high 
     threat corridor;
       (5) require reports regarding the transport by railroad of 
     extremely hazardous materials by the Secretary to local 
     governmental officials designated by the Secretary, and Local 
     Emergency Planning Committees, established under the 
     Emergency Planning and Community Right to Know Act of 1986 
     (42 U.S.C. 11001 et seq.);
       (6) establish protocols for the coordination of Federal, 
     State, and local law enforcement authorities in creating a 
     plan to respond to a terrorist attack, sabotage, or accident 
     involving a rail shipment of extremely hazardous materials 
     that causes the release of such materials;
       (7) require that any rail shipment containing extremely 
     hazardous materials be re-routed around any high threat 
     corridor; and
       (8) establish standards for the Secretary to grant 
     exceptions to the re-routing requirement under paragraph (7).
       (d) High Threat Corridors.--
       (1) In general.--The criteria under subsection (c)(2) for 
     determining whether an area qualifies as a high threat 
     corridor may be the same criteria used for the distribution 
     of funds under the Urban Area Security Initiative program.
       (2) Initial list.--If the Secretary is unable to complete 
     the review necessary to determine which areas should be 
     designated as high threat corridors within 90 days after the 
     date of enactment of this Act, the initial list shall be the 
     cities that receive funding under the Urban Areas Security 
     Initiative Program in fiscal year 2004.
       (e) Extremely Hazardous Materials List.--If the Secretary 
     is unable to complete the review necessary to determine which 
     materials should be designated extremely hazardous materials 
     under subsection (c)(3) within 90 days of the date of 
     enactment of this Act, the initial list shall include--
       (1) explosives classified as Class 1, Division 1.1, or 
     Class 1, Division 1.2, under section 173.2 of title 49, Code 
     of Federal Regulations, in a quantity greater than 500 
     kilograms;
       (2) flammable gasses classified as Class 2, Division 2.1, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     in a quantity greater than 10,000 liters;
       (3) poisonous gasses classified as Class 2, Division 2.3, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     that are also

[[Page S8065]]

     assigned to Hazard Zones A or B under section 173.116 of 
     title 49, Code of Federal Regulations, in a quantity greater 
     than 500 liters;
       (4) poisonous materials, other than gasses, classified as 
     Class 6, Division 6.1, under section 173.2 of title 49, Code 
     of Federal Regulations, that are also assigned to Hazard 
     Zones A or B under section 173.116 of title 49, Code of 
     Federal Regulations, in a quantity greater than 1,000 
     kilograms; and
       (5) anhydrous ammonia classified as Class 2, Division 2.2, 
     under section 173.2 of title 49, Code of Federal Regulations, 
     in a quantity greater than 1,000 kilograms.
       (f) Notification.--
       (1) In general.--The protocols under subsection (c)(4) 
     shall establish the required frequency of reporting by an 
     owner and operator of a railroad to the Governors, Mayors, 
     and other designated officials and local emergency responders 
     in a high threat corridor.
       (2) Reports to secretary.--The protocols under subsection 
     (c)(4) shall require owners and operators of railroad to make 
     annual reports to the Secretary regarding the transportation 
     of extremely hazardous materials, and to make quarterly 
     updates if there has been any significant change in the type, 
     quantity, or frequency of shipments.
       (3) Considerations.--In developing protocols under 
     subsection (c)(4), the Secretary shall consider both the 
     security needs of the United States and the interests of 
     State and local governmental officials.
       (g) Reports.--
       (1) Frequency.--
       (A) In general.--The Secretary shall make an annual report 
     to local governmental officials and Local Emergency Planning 
     Committees under subsection (c)(5).
       (B) Updates.--If there has been any significant change in 
     the type, quantity, or frequency of rail shipments in a 
     geographic area, the Secretary shall make a quarterly update 
     report to local governmental officials and Local Emergency 
     Planning Committees in that geographic area.
       (2) Contents.--Each report made under subsection (c)(5) 
     shall incorporate information from the reports under 
     subsection (c)(4) and shall include--
       (A) a good-faith estimate of the total number of rail cars 
     containing extremely hazardous materials shipped through or 
     stored in each metropolitan statistical area; and
       (B) if a release from a railcar carrying or storing 
     extremely hazardous materials is likely to harm persons or 
     property beyond the property of the owner or operator of the 
     railroad, a risk management plan that provides--
       (i) a hazard assessment of the potential effects of a 
     release of the extremely hazardous materials, including--

       (I) an estimate of the potential release quantities; and
       (II) a determination of the downwind effects, including the 
     potential exposures to affected populations;

       (ii) a program to prevent a release of extremely hazardous 
     materials, including--

       (I) security precautions;
       (II) monitoring programs; and
       (III) employee training measures utilized; and

       (iii) an emergency response program that provides for 
     specific actions to be taken in response to the release of an 
     extremely hazardous material, including procedures for 
     informing the public and Federal, State, and local agencies 
     responsible for responding to the release of an extremely 
     hazardous material.
       (h) Transportation and Storage of Extremely Hazardous 
     Materials Through High Threat Corridors.--
       (1) In general.--The standards for the Secretary to grant 
     exceptions under subsection (c)(8) shall require a finding of 
     special circumstances by the Secretary, including that--
       (A) the shipment originates in or is destined to the high 
     threat corridor;
       (B) there is no practical alternate route;
       (C) there is an unanticipated, temporary emergency that 
     threatens the lives of people in the high threat corridor; or
       (D) there would be no harm to persons or property beyond 
     the property of the owner or operator of the railroad in the 
     event of a successful terrorist attack on the shipment.
       (2) Practical alternate routes.--Whether a shipper must 
     utilize an interchange agreement or otherwise utilize a 
     system of tracks or facilities owned by another operator 
     shall not be considered by the Secretary in determining 
     whether there is a practical alternate route under paragraph 
     (1)(B).
       (3) Grant of exception.--If the Secretary grants an 
     exception under subsection (c)(8)--
       (A) the extremely hazardous material may not be stored in 
     the high threat corridor, including under a leased track or 
     rail siding agreement; and
       (B) the Secretary shall notify Federal, State, and local 
     law enforcement and first responder agencies (including, if 
     applicable, transit, railroad, or port authority agencies) 
     within the high threat corridor.

     SEC. 604. SAFETY TRAINING.

       (a) Homeland Security Grant Program.--
       (1) In general.--The Secretary may award grants to local 
     governments and owners and operators of railroads to conduct 
     training regarding safety procedures for handling and 
     responding to emergencies involving extremely hazardous 
     materials.
       (2) Use of funds.--Grants under this subsection may be used 
     to provide training and purchase safety equipment for 
     individuals who--
       (A) transport, load, unload, or are otherwise involved in 
     the shipment of extremely hazardous materials;
       (B) would respond to an accident or incident involving a 
     shipment of extremely hazardous materials; and
       (C) would repair transportation equipment and facilities in 
     the event of such an accident or incident.
       (3) Application.--A local government or owner or operator 
     of a railroad desiring a grant under this subsection shall 
     submit an application at such time, in such manner, and 
     accompanied by such information as the Secretary may 
     reasonably establish.
       (b) Railway Hazmat Training Program.--
       (1) Program.--Section 5116(j) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(6) Railway hazmat training program.--
       ``(A) In order to further the purposes of subsection (b), 
     the Secretary of Transportation shall, subject to the 
     availability of funds, make grants to national nonprofit 
     employee organizations with experience in conducting training 
     regarding the transportation of hazardous materials on 
     railways for the purpose of training railway workers who are 
     likely to discover, witness, or otherwise identify a release 
     of extremely hazardous materials and to prevent or respond 
     appropriately to the incident.
       ``(B) The Secretary of Transportation shall delegate 
     authority for the administration of the Railway Hazmat 
     Training Program to the Director of the National Institute of 
     Environmental Health Sciences under subsection (g). In 
     administering the program under this paragraph, the Director 
     of the National Institute of Environmental Health Sciences 
     shall consult closely with the Secretary of Transportation 
     and the Secretary of Homeland Security.''.

     SEC. 605. RESEARCH AND DEVELOPMENT.

       (a) Transport.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall conduct a study of 
     the benefits and availability of technology and procedures 
     that may be utilized to--
       (A) reduce the likelihood of a terrorist attack on a rail 
     shipment of extremely hazardous materials;
       (B) reduce the likelihood of a catastrophic release of 
     extremely hazardous materials in the event of a terrorist 
     attack; and
       (C) enhance the ability of first responders to respond to a 
     terrorist attack on a rail shipment of extremely hazardous 
     materials and other required activities in the event of such 
     an attack.
       (2) Matters studied.--The study conducted under this 
     subsection shall include the evaluation of--
       (A) whether safer alternatives to 90-ton rail tankers 
     exist;
       (B) the feasibility of requiring chemical shippers to 
     electronically track the movements of all shipments of 
     extremely hazardous materials and report this information to 
     the Department of Homeland Security on an ongoing basis as 
     such shipments are transported; and
       (C) the feasibility of utilizing finger-print based access 
     controls for all chemical conveyances.
       (3) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress describing the findings of the study conducted under 
     this subsection, which shall include recommendations and cost 
     estimates for securing shipments of extremely hazardous 
     materials.
       (b) Physical Security.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall conduct a study of 
     the physical security measures available for rail shipments 
     of extremely hazardous materials that will reduce the risk of 
     leakage or release in the event of a terrorist attack or 
     sabotage.
       (2) Matters studied.--The study conducted under this 
     subsection shall consider the use of passive secondary 
     containment of tanker valves, additional security force 
     personnel, surveillance technologies, barriers, decoy rail 
     cars, and methods to minimize delays during shipping.
       (3) Reporting.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress describing the findings of the study conducted under 
     this subsection, which shall contain recommendations and cost 
     estimates for securing shipments of extremely hazardous 
     materials.
       (c) Leased Track Storage Arrangements.--
       (1) In general.--Not later than 90 days after enactment of 
     this Act, the Secretary shall conduct a study of available 
     alternatives to storing extremely hazardous materials in or 
     on leased track facilities.
       (2) Matters studied.--The study conducted under this 
     subsection shall--
       (A) evaluate the extent of the use of leased track 
     facilities and the security measures that should be taken to 
     secure leased track facilities; and
       (B) assess means to limit the consequences of an attack on 
     extremely hazardous materials stored on leased track 
     facilities to nearby communities.
       (3) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit a report to 
     Congress describing the findings of the study conducted under 
     this subsection, which shall contain

[[Page S8066]]

     recommendations and cost estimates for securing shipments of 
     extremely hazardous materials.

     SEC. 606. WHISTLEBLOWER PROTECTION.

       (a) Prohibition Against Discrimination.--No owner or 
     operator of a railroad may discharge or otherwise 
     discriminate against any employee with respect to 
     compensation, terms, conditions, or privileges of employment 
     because the employee (or any person acting pursuant to the 
     request of the employee) provided information to the 
     Secretary, the Attorney General, or any Federal supervisory 
     agency regarding a possible violation of any provision of 
     this title by the owner or operator of a railroad or any 
     director, officer, or employee of an owner or operator of a 
     railroad.
       (b) Enforcement.--Any employee or former employee who 
     believes that such employee has been discharged or 
     discriminated against in violation of subsection (a) may file 
     a civil action in the appropriate United States district 
     court before the end of the 2-year period beginning on the 
     date of such discharge or discrimination.
       (c) Remedies.--If the district court determines that a 
     violation has occurred, the court may order the owner or 
     operator of a railroad that committed the violation to--
       (1) reinstate the employee to the employee's former 
     position;
       (2) pay compensatory damages; or
       (3) take other appropriate actions to remedy any past 
     discrimination.
       (d) Limitation.--The protections of this section shall not 
     apply to any employee who--
       (1) deliberately causes or participates in the alleged 
     violation of law or regulation; or
       (2) knowingly or recklessly provides substantially false 
     information to the Secretary, the Attorney General, or any 
     Federal supervisory agency.

     SEC. 607. PENALTIES.

       (a) Right of Action.--
       (1) In general.--Any State or local government may bring a 
     civil action in a United States district court for redress of 
     injuries caused by a violation of this title against any 
     person (other than an individual) who transports, loads, 
     unloads, or is otherwise involved in the shipping of 
     extremely hazardous materials by rail and who violated this 
     title.
       (2) Relief.--In an action under paragraph (1), a State or 
     local government may seek, for each violation of this title--
       (A) an order for injunctive relief; and
       (B) a civil penalty of not more than $1,000,000.
       (b) Administrative Penalties.--
       (1) In general.--The Secretary may issue an order imposing 
     an administrative penalty of not more than $1,000,000 for 
     each failure by a person (other than an individual) who 
     transports, loads, unloads, or is otherwise involved in the 
     shipping of extremely hazardous materials to comply with this 
     title.
       (2) Notice and hearing.--Before issuing an order under 
     paragraph (1), the Secretary shall provide the person who 
     allegedly violated this title--
       (A) written notice of the proposed order; and
       (B) the opportunity to request, not later than 30 days 
     after the date on which the person received the notice, a 
     hearing on the proposed order.
       (3) Procedures.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue regulations 
     establishing procedures for administrative hearings and the 
     appropriate review of penalties issued under this subsection, 
     including establishing deadlines.
                                 ______
                                 
  SA 1182. Mr. SCHUMER (for himself, Mrs. Clinton, Mr. Kerry, and Mr. 
Kennedy) submitted an amendment intended to be proposed by him to the 
bill H.R. 2360, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$3,004,300,000''.
       On page 78, line 13, strike ``$365,000,000'' and insert 
     ``$685,000,000''.
       On page 78, line 24, strike ``$10,000,000'' and insert 
     ``$20,000,000''.
       On page 79, line 1, strike ``$100,000,000'' and insert 
     ``$400,000,000''.
       On page 79, line 4, insert the following: ``: Provided 
     further, That funding provided above may be used, among other 
     things, for canine patrols for chemical, biological, or 
     explosives detection; overtime reimbursement for enhanced 
     security personnel; and other capital security 
     improvements.''.
       On page 91, line 23, strike the period at the end and 
     insert the following: ``: Provided further, That $50,000,000 
     is solely for the development of devices that can immediately 
     detect explosive, chemical, biological, or radiological 
     materials on mass transit rail cars.''
                                 ______
                                 
  SA 1183. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, line 23, insert before the period ``: Provided 
     further, That of the total funds made available under this 
     heading, not less than $140,000,000 shall be for activities 
     to demonstrate the viability, economic costs, and 
     effectiveness of adapting military technology to protect 
     commercial aircraft against the treat of man portable air 
     defense systems (MANPADS).
                                 ______
                                 
  SA 1184. Mr. SCHUMER (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall designate an agency within the Department of Homeland 
     Security as having responsibility for managing the 
     procurement and installation of man portable air defense 
     system (MANPAD) countermeasure systems for commercial 
     aircraft, and may use any unobligated funds provided under 
     title I to establish an office within the designated agency 
     for that purpose.
                                 ______
                                 
  SA 1185. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, add the following:

     SEC. 519. ASSISTANT SECRETARY FOR CYBERSECURITY.

       (a)(1) Subtitle A of title II of the Homeland Security Act 
     of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

       ``(a) In General.--There shall be in the Directorate for 
     Information Analysis and Infrastructure Protection a National 
     Cybersecurity Office headed by an Assistant Secretary for 
     Cybersecurity (in this section referred to as the `Assistant 
     Secretary'), who shall assist the Secretary in promoting 
     cybersecurity for the Nation.
       ``(b) General Authority.--The Assistant Secretary, subject 
     to the direction and control of the Secretary, shall have 
     primary authority within the Department for all 
     cybersecurity-related critical infrastructure protection 
     programs of the Department, including with respect to policy 
     formulation and program management.
       ``(c) Responsibilities.--The responsibilities of the 
     Assistant Secretary shall include the following:
       ``(1) To establish and manage--
       ``(A) a national cybersecurity response system that 
     includes the ability to--
       ``(i) analyze the effect of cybersecurity threat 
     information on national critical infrastructure; and
       ``(ii) aid in the detection and warning of attacks on, and 
     in the restoration of, cybersecurity infrastructure in the 
     aftermath of such attacks;
       ``(B) a national cybersecurity threat and vulnerability 
     reduction program that identifies cybersecurity 
     vulnerabilities that would have a national effect on critical 
     infrastructure, performs vulnerability assessments on 
     information technologies, and coordinates the mitigation of 
     such vulnerabilities;
       ``(C) a national cybersecurity awareness and training 
     program that promotes cybersecurity awareness among the 
     public and the private sectors and promotes cybersecurity 
     training and education programs;
       ``(D) a government cybersecurity program to coordinate and 
     consult with Federal, State, and local governments to enhance 
     their cybersecurity programs; and
       ``(E) a national security and international cybersecurity 
     cooperation program to help foster Federal efforts to enhance 
     international cybersecurity awareness and cooperation.
       ``(2) To coordinate with the private sector on the programs 
     under paragraph (1) as appropriate, and to promote 
     cybersecurity information sharing, vulnerability assessment, 
     and threat warning regarding critical infrastructure.
       ``(3) To coordinate with other directorates and offices 
     within the Department on the cybersecurity aspects of their 
     missions.
       ``(4) To coordinate with the Under Secretary for Emergency 
     Preparedness and Response to ensure that the National 
     Response Plan developed pursuant to section 502(6) of the 
     Homeland Security Act of 2002 (6 U.S.C. 312(6)) includes 
     appropriate measures for the recovery of the cybersecurity 
     elements of critical infrastructure.
       ``(5) To develop processes for information sharing with the 
     private sector, consistent with section 214, that--
       ``(A) promote voluntary cybersecurity best practices, 
     standards, and benchmarks that are responsive to rapid 
     technology changes and to the security needs of critical 
     infrastructure; and
       ``(B) consider roles of Federal, State, local, and foreign 
     governments and the private sector, including the insurance 
     industry and auditors.

[[Page S8067]]

       ``(6) To coordinate with the Chief Information Officer of 
     the Department in establishing a secure information sharing 
     architecture and information sharing processes, including 
     with respect to the Department's operation centers.
       ``(7) To consult with the Electronic Crimes Task Force of 
     the United States Secret Service on private sector outreach 
     and information activities.
       ``(8) To consult with the Office for Domestic Preparedness 
     to ensure that realistic cybersecurity scenarios are 
     incorporated into tabletop and recovery exercises.
       ``(9) To consult and coordinate, as appropriate, with other 
     Federal agencies on cybersecurity-related programs, policies, 
     and operations.
       ``(10) To consult and coordinate within the Department and, 
     where appropriate, with other relevant Federal agencies, on 
     security of digital control systems, such as Supervisory 
     Control and Data Acquisition (SCADA) systems.
       ``(d) Authority Over the National Communications System.--
     The Assistant Secretary shall have primary authority within 
     the Department over the National Communications System.''.
       (2) The table of contents in section 1(b) of such Act is 
     amended by adding at the end of the items relating to 
     subtitle A of title II the following:

``203. Assistant Secretary for Cybersecurity.''.

       (b) Section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101) is amended by adding at the end the following:
       ``(17)(A) The term `cybersecurity' means the prevention of 
     damage to, the protection of, and the restoration of 
     computers, electronic communications systems, electronic 
     communication services, wire communication, and electronic 
     communication, including information contained therein, to 
     ensure its availability, integrity, authentication, 
     confidentiality, and nonrepudiation.
       ``(B) In this paragraph--
       ``(i) each of the terms `damage' and `computer' has the 
     meaning that term has in section 1030 of title 18, United 
     States Code; and
       ``(ii) each of the terms `electronic communications 
     system', `electronic communication service', `wire 
     communication', and `electronic communication' has the 
     meaning that term has in section 2510 of title 18, United 
     States Code.''.
                                 ______
                                 
  SA 1186. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 16, strike ``$2,413,438,000,'' and insert 
     the following: ``$2,763,438,000, of which $200,000,000 shall 
     be reserved for the International Civil Aviation Organization 
     to establish biometric and document identification standards 
     to measure multiple immutable physical characteristics, 
     including fingerprints, eye retinas, and eye-to-eye width and 
     for the Department of Homeland Security to place multiple 
     biometric identifiers at each point of entry; of which 
     $50,000,000 shall be reserved for a program that requires the 
     government of each country participating in the visa waiver 
     program to certify that such country will comply with the 
     biometric standards established by the International Civil 
     Aviation Organization; of which $25,000,000 shall be reserved 
     for the entry and exit data systems of the Department of 
     Homeland Security to accommodate traffic flow increases; of 
     which $50,000,000 shall be reserved to integrate the entry 
     and exit data collection and analysis systems of the 
     Department of Homeland Security, the Department of State, and 
     Department of Justice, including the Federal Bureau of 
     Investigation; of which $25,000,000 shall be reserved to 
     establish a uniform translation and transliteration service 
     for all ports of entry to identify the names of individuals 
     entering and exiting the United States;''.
                                 ______
                                 
  SA 1187. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       Sec. . None of the funds appropriated under this Act may be 
     used to implement plans by the Department of State and the 
     Department of Homeland Security pursuant to section 7209(b) 
     of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 
     1185 note) to require passports as the only acceptable 
     document to enter the United States from Canada or Mexico. 
     The above funding shall be used to implement a plan developed 
     to improve border security that would allow travelers into 
     the United States from Canada and Mexico to use alternative 
     documentation that is as secure as a passport, but more cost 
     effective and efficient to obtain.
                                 ______
                                 
  SA 1188. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, line 9, strike ``$1,372,399,000'' and insert 
     ``$1,472,399,000''.
       On page 91, line 23, strike ``reprogrammed.'' and insert 
     the following: ``reprogrammed: Provided further, That of the 
     total funds made available under this heading, $100,000,000 
     shall be solely for grants to eligible entities (national 
     laboratories, nonprofit private organizations, institutions 
     of higher education, and other entities the Secretary of 
     Homeland Security determines to be eligible) to reseawrch and 
     develop technologies that can be used to secure the ports of 
     the United States, to develop technologies to increase the 
     ability of the Customs Service to inspect merchandise carried 
     on any vessel that arrives at any port in the United States, 
     to develop equipment that accurately detects explosives, 
     nuclear, radiological, chemical and biological agents that 
     could be used to commit a terrorist act, and to improve tags 
     and seals designed for use on shipping containers.''.
                                 ______
                                 
  SA 1189. Mr. SCHUMER (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, beginning on line 2, strike $4,452,318,000 and 
     all that follows through ``That'' on line 5, and insert the 
     following: ``$4,754,299,000, to remain available until 
     September 30, 2007, of which not to exceed $3,000 shall be 
     for official reception and representation expenses: Provided, 
     That of the amount made available under this heading, not to 
     exceed $2,000,000 shall be available to carry out section 
     4051 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Public Law 108-458; 118 Stat. 3728): Provided 
     further, That of the amount made available under this 
     heading, not to exceed $100,000,000 shall be available to 
     carry out the improvements described in section 4052(b) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3728): Provided further, That 
     of the amount made available under this heading, not to 
     exceed $200,000,000 shall be available to carry out the 
     research and development described section 4052(c) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 118 Stat. 3728): Provided further, 
     That''.
                                 ______
                                 
  SA 1190. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 71, between lines 10 and 11, insert the following:
       For necessary expenses of the Transportation Security 
     Administration related to developing and implementing a 
     system for identifying and tracking shipments of hazardous 
     materials (as defined in section 385.402 of title 49, Code of 
     Federal Regulations) by truck using global positioning system 
     technology, $70,000,000.
                                 ______
                                 
  SA 1191. Mr. SCHUMER (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 70, line 20, strike ``purposes.'' and insert the 
     following: ``purposes: Provided further, That none of the 
     funds made available under this heading shall be available if 
     the Transportation Security Administration limits, or 
     attempts to limit, the recruitment or hiring of personnel to 
     serve as full-time equivalent screeners: Provided further, 
     That not later than 180 days after the date of enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     Congress a report on the current screener staffing shortfalls 
     at large airports and what the Secretary considers to be an 
     appropriate nationwide full-time equivalent staffing level 
     based on the waiting time in airport security lines and 
     projected passenger growth.''.
                                 ______
                                 
  SA 1192. Mr. SCHUMER (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, beginning on line 2, strike ``$4,452,318,000'' 
     and all that follows through ``$2,462,318,000:'' and insert 
     the following: ``$4,787,299,000, to remain available until 
     September 30, 2007, of which not to exceed $3,000 shall be 
     for official reception and representation expenses: Provided, 
     That of the total

[[Page S8068]]

      amount made available under this heading, not to exceed 
     $3,726,929,000 shall be for screening operations, of which 
     $1,590,969,000 shall be available for passenger screener pay, 
     compensation, and benefits, of which $931,864,000 shall be 
     available for baggage screener pay, compensation, and 
     benefits, of which $180,000,000 shall be available only for 
     procurement of checked baggage explosive detection systems 
     and $14,000,000 shall be available only for installation of 
     checked baggage explosive detection systems; and not to 
     exceed $1,060,370,000 shall be for aviation security 
     direction and enforcement presence: Provided further, That 
     security service fees authorized under section 44940 of title 
     49, United States Code, shall be credited to this 
     appropriation as offsetting collections: Provided further, 
     That the sum herein appropriated from the General Fund shall 
     be reduced on a dollar-for-dollar basis as such offsetting 
     collections are received during fiscal year 2006, so as to 
     result in a final fiscal year appropriation from the General 
     Fund estimated at not more than $2,797,299,000:''.
                                 ______
                                 
  SA 1193. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 77, line 21: strike $1,518,000,000 and insert 
     $2,186,814,841
       On page 77, line 22: strike $425,000,000 and insert 
     $2,058,178,673
       On page 78, line 13: strike $365,000,000 and insert 
     $1,878,088,040
       On page 78, line 16: strike $200,000,000 and insert 
     $1,029,089,337
       On page 78, line 22: strike $5,000,000 and insert 
     $25,727,233
       On page 78, line 24: strike $10,000,000 and insert 
     $51,454,467
       On page 77, line 18, strike $2,694,000,000 and insert 
     $13,863,377,000
       On page 77, line 20: strike $1,518,000,000 and insert 
     $7,810,788,066
       On page 79, line 1: strike $100,000,000 and insert 
     $514,544,668
       On page 79, line 5: strike $50,000,000 and insert 
     $257,272,334
       On page 79, line 7: strike $50,000,000 and insert 
     $257,272,334
       On page 79, line 9: strike $40,000,000 and insert 
     $205,817,867
       On page 79, line 21: strike $321,300,000 and insert 
     $1,653,232,019
       On page 81, line 24, strike $615,000,000 and insert 
     $3,164,802,000
       On page 81, line 24, strike $550,000,000 and insert 
     $2,830,311,000
       On page 81, line 26, strike $65,000,000 and insert 
     $334,491,000
       On page 82, line 12, strike $180,000,000 and insert 
     $926,284,000
       On page 83, line 12, strike $203,499,000 and insert 
     $1,047,210,000
       On page 89, line 3, strike $194,000,000 and insert 
     $998,327,800
                                 ______
                                 
  SA 1194. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security acting through the 
     Under Secretary for Emergency Preparedness shall propose new 
     inspection guidelines that prohibit inspectors from entering 
     into a contract with any individual or entity for whom the 
     inspector performs an inspection for purposes of determining 
     eligibility for assistance from the Federal Emergency 
     Management Agency.
                                 ______
                                 
  SA 1195. Mr. DeWINE submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 57, line 1, strike $146,322,000'' and insert 
     ``$144,876,000''.
       On page 67, line 17, strike $50,150,000'' and insert 
     ``$40,150,000''.
       On page 79, strike lines 21 and 22, and insert the 
     following:
       (6) $307,138,000 for training, exercises, technical 
     assistance, and other programs, of which $135,000,000 shall 
     be available for the National Domestic Preparedness 
     Consortium and $20,838,000 shall be available for the Citizen 
     Corps:
       On page 81, line 24, strike ``$615,000,000'' and insert 
     ``$715,000,000''.
       On page 81, line 24, strike $550,000,000'' and insert 
     ``$650,000,000''.
       On page 89, line 3, strike $194,000,000'' and insert 
     ``$183,362,000''.
       On page 89, line 26, strike $88,358,000'' and insert 
     ``$64,743,000''.
       On page 90, line 19, strike $701,793,000'' and insert 
     ``$681,654,000, of which $14,387,000 shall be available for 
     programs related to evaluations and studies''.
       On page 91, line 9, strike $1,372,399,000'' and insert 
     ``$1,352,399,000, of which $54,650,000 shall be available for 
     projects related to conventional missions support''.
                                 ______
                                 
  SA 1196. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                       TITLE      --RAIL SECURITY

     SEC. --01. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability and risk assessment.--The Secretary of 
     Homeland Security shall establish a task force, including the 
     Transportation Security Administration, the Department of 
     Transportation, and other appropriate agencies, to complete a 
     vulnerability and risk assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of vulnerabilities and risks to those 
     assets and infrastructures;
       (C) identification of vulnerabilities and risks that are 
     specific to the transportation of hazardous materials via 
     railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment shall take into account actions taken or planned 
     by both public and private entities to address identified 
     security issues and assess the effective integration of such 
     actions.
       (3) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Secretary, in consultation with the 
     Secretary of Transportation, shall develop prioritized 
     recommendations for improving rail security, including any 
     recommendations the Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Secretary as posing significant rail-
     related risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training appropriate railroad or railroad shipper 
     employees in terrorism prevention, passenger evacuation, and 
     response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (4) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the Federal government to provide increased 
     security support at high or severe threat levels of alert;
       (B) a plan for coordinating existing and planned rail 
     security initiatives undertaken by the public and private 
     sectors; and
       (C) a contingency plan, developed in conjunction with 
     freight and intercity and commuter passenger railroads, to 
     ensure the continued movement of freight and passengers in 
     the event of an attack affecting the railroad system, which 
     shall contemplate--
       (i) the possibility of rerouting traffic due to the loss of 
     critical infrastructure, such as a bridge, tunnel, yard, or 
     station; and
       (ii) methods of continuing railroad service in the 
     Northeast Corridor in the event of a commercial power loss, 
     or catastrophe affecting a critical bridge, tunnel, yard, or 
     station.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment and developing the recommendations and 
     plans required by subsection (a), the Secretary of Homeland 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials, and other relevant parties.
       (c) Report.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure a report containing the assessment, 
     prioritized recommendations, and plans required by subsection 
     (a) and an estimate of the cost to implement such 
     recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.

[[Page S8069]]

       (3) Failure to meet deadline.--The the Secretary fails to 
     transmit the report required by paragraph (1) within the 
     period required by paragraph (1), the Secretary shall notify 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Homeland 
     Security and explain in writing the reason for the failure.
       (d) Annual Updates.--The Secretary, in consultation with 
     the Secretary of Transportation, shall update the assessment 
     and recommendations each year and transmit a report, which 
     may be submitted in both classified and redacted formats, to 
     the Committees named in subsection (c)(1), containing the 
     updated assessment and recommendations.
       (e) Funding.--Out of funds appropriated pursuant to section 
     114(u)(2) of title 49, United States Code, there shall be 
     made available to the Secretary of Homeland Security to carry 
     out this section $5,000,000 for fiscal year 2006.

     SEC. --02. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program.
       (b) Report.--
       (1) In general.--The Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report on the guidance developed for the 
     program under subsection (a).
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.

     SEC. --03. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary of 
     Homeland Security for Border and Transportation Security, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. --04. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Within one year after the date 
     of enactment of this Act, the Comptroller General shall 
     complete a study of the rail passenger transportation 
     security programs that are carried out for rail 
     transportation systems in Japan, member nations of the 
     European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study shall be to identify 
     effective rail transportation security measures that are in 
     use in foreign rail transportation systems, including 
     innovative measures and screening procedures determined 
     effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure. The report shall include the Comptroller 
     General's assessment regarding whether it is feasible to 
     implement within the United States any of the same or similar 
     security measures that are determined effective under the 
     study.

     SEC. --05. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Secretary of 
     Homeland Security, in cooperation with the Secretary of 
     Transportation through the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and other 
     appropriate agencies, shall--
       (1) study the cost and feasibility of requiring security 
     screening for passengers, baggage, and cargo on passenger 
     trains including an analysis of any passenger train screening 
     pilot programs undertaken by the Department of Homeland 
     Security; and
       (2) report the results of the study, together with any 
     recommendations that the Secretary of Homeland Security may 
     have for implementing a rail security screening program to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure within 1 year after the date of enactment 
     of this Act.
       (b) Pilot Program.--As part of the study under subsection 
     (a), the Under Secretary shall complete a pilot program of 
     random security screening of passengers and baggage at 5 
     passenger rail stations served by Amtrak selected by the 
     Under Secretary. In conducting the pilot program, the Under 
     Secretary shall--
       (1) test a wide range of explosives detection technologies, 
     devices and methods;
       (2) require that intercity rail passengers produce 
     government-issued photographic identification which matches 
     the name on the passenger's tickets prior to boarding trains; 
     and
       (3) attempt to give preference to locations at the highest 
     risk of terrorist attack and achieve a distribution of 
     participating train stations in terms of geographic location, 
     size, passenger volume, and whether the station is used by 
     commuter rail passengers as well as Amtrak passengers.
       (c) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u)(2) of title 49, 
     United States Code, there shall be made available to the 
     Secretary of Homeland Security to carry out this section 
     $5,000,000 for fiscal year 2006.

     SEC. --06. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-safety Needs.--The Secretary of Transportation is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2006;
       (B) $100,000,000 for fiscal year 2007;
       (C) $100,000,000 for fiscal year 2008;
       (D) $100,000,000 for fiscal year 2009; and
       (E) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2006;
       (B) $10,000,000 for fiscal year 2007;
       (C) $10,000,000 for fiscal year 2008;
       (D) $10,000,000 for fiscal year 2009; and
       (E) $17,000,000 for fiscal year 2010.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2006;
       (B) $8,000,000 for fiscal year 2007;
       (C) $8,000,000 for fiscal year 2008;
       (D) $8,000,000 for fiscal year 2009; and
       (E) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation for fiscal 
     year 2006 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary may not make amounts 
     available to Amtrak for obligation or expenditure under 
     subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, periodic status 
     reports, and such other matters the Secretary deems 
     appropriate.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a plan 
     is incomplete or deficient, the Secretary shall notify Amtrak 
     of the incomplete items or deficiencies and Amtrak shall, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 45 days after 
     receiving items newly included in a modified plan, the 
     Secretary shall either approve the modified plan, or, if the 
     Secretary finds the plan is still incomplete or deficient, 
     the Secretary shall identify in writing to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure the portions of the plan the Secretary finds 
     incomplete or deficient, approve all other portions of the 
     plan, obligate the funds associated with those other 
     portions, and execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels, if feasible.

[[Page S8070]]

     SEC. --07. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Department of Homeland 
     Security Appropriations Act, 2006, Amtrak shall submit to the 
     Chairman of the National Transportation Safety Board and the 
     Secretary of Transportation a plan for addressing the needs 
     of the families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release to any person information on a list obtained 
     under subsection (b)(1) but may provide information on the 
     list about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak $500,000 for fiscal year 
     2006 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``Sec.
``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. --08. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General--Subject to subsection (c), the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security is authorized to make grants, through the Secretary 
     of Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units; and
       (7) to expand emergency preparedness efforts.
       (b) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless the 
     projects are contained in a systemwide security plan approved 
     by the Under Secretary, in consultation with the Secretary of 
     Transportation, and, for capital projects, meet the 
     requirements of section --07(e)(2). The plan shall include 
     appropriate measures to address security awareness, emergency 
     response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The Under Secretary 
     shall ensure that, subject to meeting the highest security 
     needs on Amtrak's entire system, stations and facilities 
     located outside of the Northeast Corridor receive an 
     equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary of Homeland Security for 
     Border and Transportation Security $63,500,000 for fiscal 
     year 2006 for the purposes of carrying out this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. --09. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary of 
     Homeland Security for Border and Transportation Security is 
     authorized to make grants to freight railroads, the Alaska 
     Railroad, hazardous materials shippers, owners of rail cars 
     used in the transportation of hazardous materials, 
     universities, colleges and research centers, State and local 
     governments (for passenger facilities and infrastructure not 
     owned by Amtrak), and, through the Secretary of 
     Transportation, to Amtrak, for full or partial reimbursement 
     of costs incurred in the conduct of activities to prevent or 
     respond to acts of terrorism, sabotage, or other intercity 
     passenger rail and freight rail security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the United States-Mexico border or the United States-
     Canada border;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section --01, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (c) Equitable Allocation.--The Under Secretary shall 
     equitably distribute the funds authorized by this section, 
     taking into account geographic location, and shall encourage 
     non-Federal financial participation in awarding grants. With 
     respect to grants for passenger rail security, the Under 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers as well 
     as intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section --08(b) of this 
     title.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section --01 the Under 
     Secretary of Homeland Security for Border and Transportation 
     Security determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be 
     made--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $70,000,000 
     for each of fiscal years 2006 through 2010 to carry out the 
     purposes of this section. Amounts appropriated pursuant to 
     this subsection shall remain available until expended.
       (g) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means poison inhalation hazard 
     materials, Class 2.3 gases, Class 6.1 materials, and 
     anhydrous ammonia.

[[Page S8071]]

     SEC. --10. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use up to 0.5 percent of amounts made available to Amtrak 
     for capital projects under this title to enter into contracts 
     for the review of proposed capital projects and related 
     program management plans and to oversee construction of such 
     projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts for 
     safety, procurement, management, and financial compliance 
     reviews and audits of a recipient of amounts under subsection 
     (a).
       (c) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of enactment of this Act.

     SEC. --11. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security that may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment; and
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section --09(g) of this title);
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety;
       (6) other projects recommended in the report required by 
     section --01.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary of Homeland Security for Border and 
     Transportation Security shall ensure that the research and 
     development program authorized by this section is coordinated 
     with other research and development initiatives at the 
     Department and the Department of Transportation. The Under 
     Secretary of Homeland Security for Border and Transportation 
     Security shall carry out any research and development project 
     authorized by this section through a reimbursable agreement 
     with the Secretary of Transportation if the Secretary of 
     Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary of Homeland 
     Security for Border and Transportation Security $20,000,000 
     for each of fiscal years 2006 through 2010 to carry out the 
     purposes of this section. Amounts appropriated pursuant to 
     this subsection shall remain available until expended.

     SEC. --12. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Within 90 days after the date of 
     enactment of this Act, the Federal Railroad Administration 
     shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures (in its procedures filed with the 
     Administration pursuant to section 213.119 of title 49, Code 
     of Federal Regulations) to improve the identification of 
     cracks in rail joint bars;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to periodically review continuous 
     welded rail joint bar inspection data from railroads and 
     Administration track inspectors and, whenever the 
     Administration determines that it is necessary or 
     appropriate, require railroads to increase the frequency or 
     improve the methods of inspection of joint bars in continuous 
     welded rail.
       (b) Tank Car Standards.--The Federal Railroad 
     Administration shall--
       (1) within 1 year after the date of enactment of this Act, 
     validate the predictive model it is developing to quantify 
     the relevant dynamic forces acting on railroad tank cars 
     under accident conditions; and
       (2) within 18 months after the date of enactment of this 
     Act, initiate a rulemaking to develop and implement 
     appropriate design standards for pressurized tank cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Within 2 years after the date of enactment of this Act, the 
     Federal Railroad Administration shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with 
     recommendations for measures to eliminate or mitigate the 
     risk of catastrophic failure.

     SEC. --13. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Under Secretary of Homeland Security for Border and 
     Transportation Security, in consultation with the heads of 
     other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall transmit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     travelling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

     SEC. --14. REPORT REGARDING IMPACT ON SECURITY OF TRAIN 
                   TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

       (a) Study.--The Secretary of Homeland Security shall, in 
     consultation with State and local government officials, 
     conduct a study on the impact of blocked highway-railroad 
     grade crossings on the ability of emergency responders, 
     including ambulances and police, fire, and other emergency 
     vehicles, to perform public safety and security duties in the 
     event of a terrorist attack.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the findings of the study conducted under 
     subsection (a) and recommendations for reducing the impact of 
     blocked crossings on emergency response.

     SEC. --15. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

     ``Sec. 20116. Whistleblower protection for rail security 
       matters

       ``(a) Discrimination Against Employee.--No rail carrier 
     engaged in interstate or foreign commerce may discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       (1) provided, caused to be provided, or is about to provide 
     or cause to be provided, to the employer or the Federal 
     Government information relating to a perceived threat to 
     security; or
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a perceived 
     threat to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.

[[Page S8072]]

       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after it is filed. If the 
     violation is a form of discrimination that does not involve 
     discharge, suspension, or another action affecting pay, and 
     no other remedy is available under this subsection, the 
     Board, division, delegate, or other board of adjustment may 
     award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B) of this title, including the burdens of proof, 
     applies to any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation may not disclose the name of an 
     employee of a railroad carrier who has provided information 
     about an alleged violation of this section.
       ``(2) The Secretary shall disclose to the Attorney General 
     the name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

``20116. Whistleblower protection for rail security matters.''.

     SEC. --16. HAZMAT ROUTING COMMISSION.

       (a) In General.--The President shall establish and appoint 
     the members of a commission to study and make recommendations 
     to the President concerning--
       (1) the current routing of hazardous materials being 
     transported by rail through or near facilities at high risk 
     for catastrophic damage due to any accident involving the 
     leakage, spilling, or release of such materials;
       (2) alternative routings, the construction of additional 
     rail facilities, and other risk reduction strategies to 
     address issues associated with the rail transportation of 
     such materials through or near such facilities; and
       (3) feasability and funding strategies and mechanisms for 
     implementing such alternative routings and other risk 
     reduction strategies, including cost-benefit analyses.
       (b) Report.--The commission shall report its findings and 
     recommendations to the President within 12 months after the 
     date of enactment of this Act and transmit a copy of the 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representives Committee on 
     Homeland Security, and the House of Representatives Committee 
     on Transportation and Infrastructure.
                                 ______
                                 
  SA 1197. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 78, line 19 after ``based on'', insert ``risk 
     and''.
                                 ______
                                 
  SA 1198. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 2360, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2006, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 78, line 19 after ``based on'', insert ``risk 
     and''.
                                 ______
                                 
  SA 1199. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 81, line 24, strike ``$615,000,000'' and insert 
     ``$715,000,000'' and strike ``$500,000,000'' and insert 
     ``$600,000,000''.
                                 ______
                                 
  SA 1200. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       For necessary expenses for programs authorized by the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2201 et seq.), $100,000,000 shall be available to carry out 
     section 33 (15 U.S.C. 2229) for the fiscal year ending 
     September 30, 2005, to be available immediately upon 
     enactment, and to remain available until September 30, 2007.
                                 ______
                                 
  SA 1201. Mr. BYRD submitted an amendment intended to be proposed by 
him to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 81, strike line 20 and insert the following:

     award: Provided further, That any recipient of Federal funds 
     granted through the State Homeland Security Grant Program, 
     the Law Enforcement Terrorism Prevention Program, and the 
     Urban Area Security Initiative Program, or any predecessor or 
     successor to these programs, as appropriated in fiscal year 
     2004 and fiscal year 2005, shall expend funds pursuant to the 
     relevant, approved State plan by September 30, 2007: Provided 
     further, That any recipient of Federal funds granted through 
     any program described in the preceding proviso, as 
     appropriated in fiscal year 2006, shall expend funds pursuant 
     to the relevant, approved State plan by September 30, 2008: 
     Provided further, That any funds not expended by September 
     30, 2007 or September 30, 2008, respectively, as required by 
     the preceding 2 provisos shall be returned to the Department 
     of Homeland Security to be reallocated to State and local 
     entities based on risk and in conformance with the 
     assessments now being conducted by the States under Homeland 
     Security Presidential Directive 8.
                                 ______
                                 
  SA 1202. Mr. DODD (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 77, line 22: strike $425,000,000 and insert 
     $2,058,178,673.
       On page 78, line 13: strike $365,000,000 and insert 
     $1,878,088,040.
       On page 78, line 16: strike $200,000,000 and insert 
     $1,029,089,337.
       On page 78, line 22: strike $5,000,000 and insert 
     $25,727,233.
       On page 78, line 24: strike $10,000,000 and insert 
     $51,454,467.
       On page 77, line 18: strike $2,694,000,000 and insert 
     $13,863,377,000.
       On page 77, line 20: strike $1,518,000,000 and insert 
     $7,810,788,066.
       On page 79, line 1: strike $100,000,000 and insert 
     $514,544,668.
       On page 79, line 5: strike $50,000,000 and insert 
     $257,272,334.
       On page 79, line 7: strike $50,000,000 and insert 
     $257,272,334.
       On page 79, line 9: strike $40,000,000 and insert 
     $205,817,867.
       On page 79, line 21: strike $321,300,000 and insert 
     $1,653,232,019.
       On page 81, line 24: strike $615,000,000 and insert 
     $3,164,802,000.
       On page 81, line 24: strike $550,000,000 and insert 
     $2,830,311,000.
       On page 81, line 26: strike $65,000,000 and insert 
     $334,491,000.
       On page 82, line 12: strike $180,000,000 and insert 
     $926,284,000.
       On page 83, line 12: strike $203,499,000 and insert 
     $1,047,210,000.
       On page 89, line 3: strike $194,000,000 and insert 
     $998,327,800.
                                 ______
                                 
  SA 1203. Mr. CORNYN (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

             TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

     SEC. 601. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Funding 
     Our Risks With Appropriate Resource Disbursement Act of 
     2005'' or the ``Homeland Security FORWARD Funding Act of 
     2005''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 601. Short title; table of contents.
Sec. 602. Risk-based funding for homeland security.
Sec. 603. Essential capabilities, task forces, and standards.
Sec. 604. Effective administration of homeland security grants.
Sec. 605. Implementation and definitions.

     SEC. 602. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       (a) Risk-Based Funding in General.--The Homeland Security 
     Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is 
     amended by adding at the end the following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

     ``SEC. 1801. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       ``(a) Risk-Based Funding.--The Secretary shall ensure that 
     homeland security grants

[[Page S8073]]

     are allocated based on an assessment of threat, 
     vulnerability, and consequence to the maximum extent 
     practicable.
       ``(b) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, or mitigate threatened or actual terrorist attacks, 
     especially those involving weapons of mass destruction, and 
     grants provided by the Department for improving homeland 
     security, including the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(4) Citizen corps program.--The Citizen Corps Program of 
     the Department, or any successor to such grant program.
       ``(c) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.), the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
       ``(d) Effect on Covered Grants.--Nothing in this Act shall 
     be construed to require the elimination of a covered grant 
     program.''.
       (b) Covered Grant Eligibility and Criteria.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by subsection (a), is amended by adding at 
     the end the following:

     ``SEC. 1802. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--
       ``(1) In general.--
       ``(A) General eligibility.--Except as provided in 
     subparagraphs (B) and (C), any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(B) Urban area security initiative.--Only a region shall 
     be eligible to apply for a grant under the Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(C) State homeland security grant program.--Only a State 
     shall be eligible to apply for a grant under the State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Other grant applicants.--
       ``(A) In general.--Grants provided by the Department for 
     improving homeland security, including to seaports, airports, 
     and other transportation facilities, shall be allocated as 
     described in section 1801(a).
       ``(B) Consideration.--Such grants shall be considered, to 
     the extent determined appropriate by the Secretary, pursuant 
     to the procedures and criteria established in this title, 
     except that the eligibility requirements of paragraph (1) 
     shall not apply.
       ``(3) Certification of regions.--
       ``(A) In general.--The Secretary shall certify a geographic 
     area as a region if--
       ``(i) the geographic area meets the criteria under section 
     1807(10)(B) and (C); and
       ``(ii) the Secretary determines, based on an assessment of 
     threat, vulnerability, and consequence, that certifying the 
     geographic area as a region under this title is in the 
     interest of national homeland security.
       ``(B) Existing urban area security initiative areas.--
     Notwithstanding subparagraphs (B) and (C) of section 
     1807(10), a geographic area that, on or before the date of 
     enactment of the Homeland Security FORWARD Funding Act of 
     2005, was designated as a high-threat urban area for purposes 
     of the Urban Area Security Initiative, shall be certified by 
     the Secretary as a region unless the Secretary determines, 
     based on an assessment of threat, vulnerability, and 
     consequence, that certifying the geographic area as a region 
     is not in the interest of national homeland security.
       ``(b) Grant Criteria.--In awarding covered grants, the 
     Secretary shall assist States, local governments, and 
     operators of airports, ports, or similar facilities in 
     achieving, maintaining, and enhancing the essential 
     capabilities established by the Secretary under section 1803.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     shall submit to the Secretary a 3-year State homeland 
     security plan that--
       ``(A) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(B) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(C) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(D) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(E) is developed in consultation with and subject to 
     appropriate comment by local governments within the State; 
     and
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan.
       ``(2) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, directly eligible tribe, or 
     operator of an airport, port, or similar facility may apply 
     for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants shall be submitted at such 
     time as the Secretary may reasonably require for the fiscal 
     year for which they are submitted. The Secretary shall award 
     covered grants pursuant to all approved applications for such 
     fiscal year as soon as practicable, but not later than March 
     1 of such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the subsequent 
     fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe or at the airport, port, or similar facility 
     to which the application pertains;
       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 1806(g)(1), would assist in fulfilling the 
     essential capabilities specified in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant;
       ``(iii) a designation of a specific individual to serve as 
     regional liaison; and
       ``(iv) a description of how the governmental entity 
     administering the expenditure of funds under the covered 
     grant plans to allocate the covered grant funds to States, 
     local governments, and Indian tribes;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds; and
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison.
       ``(5) Regional applications.--
       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) Opportunity for state review and comment.--

[[Page S8074]]

       ``(i) In general.--To ensure coordination with an 
     application submitted by a State or States, an applicant that 
     is a region shall submit its application to each State within 
     the boundaries of which any part of such region is located 
     for review. Before awarding any covered grant to a region, 
     the Secretary shall provide an opportunity to each State 
     within the boundaries of which any part of such region is 
     located to comment to the Secretary on the consistency of the 
     region's application with the State's homeland security plan. 
     Any such comments and the underlying regional application 
     shall be submitted to the Secretary concurrently with the 
     submission of the State and regional applications.
       ``(ii) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a region with the applicable State homeland security plan or 
     plans, and to approve any application of such region. The 
     Secretary shall notify each State within the boundaries of 
     which any part of such region is located of the approval of 
     an application by such region.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application; Provided That, in 
     no such case shall the State or States pass through to the 
     region less than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 1806(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe shall submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, and private sector 
     officials to assist in the development of the application of 
     such tribe and to improve the tribe's access to covered 
     grants; and
       ``(ii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 1806(g)(1), the tribe may 
     request payment under section 1806(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary under 
     section 1805(a), the applicant shall include in the 
     application an explanation of why such equipment or systems 
     will serve the needs of the applicant better than equipment 
     or systems that meet or exceed such standards.
       ``(f) Homeland Security Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a Homeland Security Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Deputy Secretary of Homeland Security;
       ``(C) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(D) the Under Secretary for Border and Transportation 
     Security;
       ``(E) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(F) the Under Secretary for Science and Technology; and
       ``(G) the Director of the Office of State and Local 
     Government Coordination.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(3) Risk-based ranking of grant applications.--
       ``(A) Prioritization of grants.--The Board--
       ``(i) shall evaluate and annually prioritize all pending 
     applications for covered grants based upon the degree to 
     which they would, by achieving, maintaining, or enhancing the 
     essential capabilities of the applicants on a nationwide 
     basis, lessen the threat to, vulnerability of, and 
     consequences for persons and critical infrastructure; and
       ``(ii) in evaluating the threat to persons and critical 
     infrastructure for purposes of prioritizing covered grants, 
     shall give greater weight to threats of terrorism based on 
     their specificity and credibility, including any pattern of 
     repetition.
       ``(B) Minimum amounts.--
       ``(i) In general.--After evaluating and prioritizing grant 
     applications under subparagraph (A), the Board shall ensure 
     that, for each fiscal year, each State that has an approved 
     State homeland security plan receives no less than 0.25 
     percent of the funds available for the State Homeland 
     Security Grant Program, as described in section 1801(b)(1), 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of additional needs under subsection (c)(1)(C).
       ``(ii) Other entities.--Notwithstanding clause (i), the 
     Board shall ensure that, for each fiscal year, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands each receive 0.08 percent of the 
     funds available for the State Homeland Security Grant 
     Program, as described in section 1801(b)(1), for that fiscal 
     year for purposes of implementing its homeland security plan 
     in accordance with the prioritization of additional needs 
     under subsection (c)(1)(C).
       ``(4) Functions of under secretaries.--The Under 
     Secretaries referred to in paragraph (1) shall seek to ensure 
     that the relevant expertise and input of the staff of their 
     directorates are available to and considered by the Board.''.

     SEC. 603. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by section 602, is amended by 
     adding at the end the following:

     ``SEC. 1803. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

       ``(a) Establishment of Essential Capabilities.--
       ``(1) In general.--For purposes of covered grants, the 
     Secretary shall establish clearly defined essential 
     capabilities for State and local government preparedness for 
     terrorism, in consultation with--
       ``(A) the Task Force on Essential Capabilities established 
     under section 1804;
       ``(B) the Under Secretaries for Emergency Preparedness and 
     Response, Border and Transportation Security, Information 
     Analysis and Infrastructure Protection, and Science and 
     Technology, and the Director of the Office of State and Local 
     Government Coordination;
       ``(C) the Secretary of Health and Human Services;
       ``(D) other appropriate Federal agencies;
       ``(E) State and local first responder agencies and 
     officials; and
       ``(F) consensus-based standard making organizations 
     responsible for setting standards relevant to the first 
     responder community.
       ``(2) Deadlines.--The Secretary shall--
       ``(A) establish essential capabilities under paragraph (1) 
     within 30 days after receipt of the report under section 
     1804(b); and
       ``(B) regularly update such essential capabilities as 
     necessary, but not less than every 3 years.

[[Page S8075]]

       ``(3) Provision of essential capabilities.--The Secretary 
     shall ensure that a detailed description of the essential 
     capabilities established under paragraph (1) is provided 
     promptly to the States and to Congress. The States shall make 
     the essential capabilities available as necessary and 
     appropriate to local governments and operators of airports, 
     ports, and other similar facilities within their 
     jurisdictions.
       ``(b) Objectives.--The Secretary shall ensure that 
     essential capabilities established under subsection (a)(1) 
     meet the following objectives:
       ``(1) Specificity.--The determination of essential 
     capabilities specifically shall describe the training, 
     planning, personnel, and equipment that different types of 
     communities in the Nation should possess, or to which they 
     should have access, in order to meet the Department's goals 
     for terrorism preparedness based upon--
       ``(A) the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States;
       ``(B) the types of threats, vulnerabilities, geography, 
     size, and other factors that the Secretary has determined to 
     be applicable to each different type of community; and
       ``(C) the principles of regional coordination and mutual 
     aid among State and local governments.
       ``(2) Flexibility.--The establishment of essential 
     capabilities shall be sufficiently flexible to allow State 
     and local government officials to set priorities based on 
     particular needs, while reaching nationally determined 
     terrorism preparedness levels within a specified time period.
       ``(3) Measurability.--The establishment of essential 
     capabilities shall be designed to enable measurement of 
     progress toward specific terrorism preparedness goals.
       ``(4) Comprehensiveness.--The determination of essential 
     capabilities for terrorism preparedness shall be made within 
     the context of a comprehensive State emergency management 
     system.
       ``(c) Factors To Be Considered.--
       ``(1) In general.--In establishing essential capabilities 
     under subsection (a)(1), the Secretary specifically shall 
     consider the variables of threat, vulnerability, and 
     consequences with respect to the Nation's population 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such consideration shall be based 
     upon the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States.
       ``(2) Critical infrastructure sectors.--The Secretary 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     Nation, urban and rural:
       ``(A) Agriculture.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Food.
       ``(H) Government.
       ``(I) Postal and shipping.
       ``(J) Public health.
       ``(K) Information and telecommunications networks.
       ``(L) Transportation.
       ``(M) Water.

     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Secretary specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the Nation, urban and rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.

     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--In establishing 
     essential capabilities under subsection (a)(1), the Secretary 
     shall take into account any other specific threat to a 
     population (including a transient commuting or tourist 
     population) or critical infrastructure sector that the 
     Secretary has determined to exist.

     ``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES.

       ``(a) Establishment.--To assist the Secretary in 
     establishing essential capabilities under section 1803(a)(1), 
     the Secretary shall establish an advisory body pursuant to 
     section 871(a) not later than 60 days after the date of the 
     enactment of this section, which shall be known as the Task 
     Force on Essential Capabilities.
       ``(b) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, not later than 9 months after its establishment by 
     the Secretary under subsection (a) and every 3 years 
     thereafter, a report on its recommendations for essential 
     capabilities for preparedness for terrorism.
       ``(2) Contents.--The report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to Congress 
     on determining the appropriate allocation of, and funding 
     levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of past 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities are, to the extent feasible, consistent with any 
     preparedness goals or recommendations of the Federal working 
     group established under section 319F(a) of the Public Health 
     Service Act (42 U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent or 
     prepare for terrorist attacks.
       ``(c) Membership.--
       ``(1) In general.--The Task Force shall consist of 35 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic and substantive cross 
     section of governmental and nongovernmental first responder 
     disciplines from the State and local levels, including as 
     appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing 1 of the 2 major 
     political parties, an equal number of elected officials shall 
     be selected from each such party.
       ``(2) Coordination with the department of health and human 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate the selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate 1 or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(d) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall, not later 
     than 6 months after the date of enactment of this section, 
     support the development of, promulgate, and update as 
     necessary national voluntary consensus standards for the 
     performance, use, and validation of first responder equipment

[[Page S8076]]

     for purposes of section 1802(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods, and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall support the 
     development of, promulgate, and regularly update as necessary 
     national voluntary consensus standards for first responder 
     training carried out with amounts provided under covered 
     grant programs, that will enable State and local government 
     first responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, and mitigate terrorist threats, including threats 
     from chemical, biological, nuclear, and radiological weapons 
     and explosive devices capable of inflicting significant human 
     casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program;
       ``(13) the National Domestic Preparedness Consortium; and
       ``(14) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.

     SEC. 604. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY 
                   GRANTS.

       (a) Use of Grant Funds and Accountability.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by sections 602 and 603, is amended by 
     adding at the end the following:

     ``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing, upgrading, or maintaining equipment, 
     including computer software, to enhance terrorism 
     preparedness and response;
       ``(2) exercises to strengthen terrorism preparedness and 
     response;
       ``(3) training for prevention (including detection) of, 
     preparedness for, or response to attacks involving weapons of 
     mass destruction, including training in the use of equipment 
     and computer software;
       ``(4) developing or updating response plans;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness and response purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities;
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities; and
       ``(D) participation in information, investigative, and 
     intelligence-sharing activities specifically related to 
     terrorism prevention;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) target hardening to reduce the vulnerability of high-
     value targets, as determined by the Secretary;
       ``(10) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(11) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, deems best suited to facilitate 
     interoperability, coordination, and integration between and 
     among emergency communications systems, and that complies 
     with prevailing grant guidance of the Department for 
     interoperable communications;
       ``(12) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(13) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prepare for and respond to an act of terrorism;
       ``(14) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds that have been 
     obligated for a homeland security or other first responder-
     related project;
       ``(2) to construct buildings or other physical facilities, 
     except for--
       ``(A) activities under section 611 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196); and
       ``(B) upgrading facilities to protect against, test for, 
     and treat the effects of biological agents, which shall be 
     included in the homeland security plan approved by the 
     Secretary under section 1802(c);
       ``(3) to acquire land; or
       ``(4) for any State or local government cost-sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary under section 1803.
       ``(d) Reimbursement of Costs.--In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in

[[Page S8077]]

     training covered by this section. Any such reimbursement 
     shall not be considered compensation for purposes of 
     rendering such a first responder an employee under the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
       ``(e) Assistance Requirement.--The Secretary may not 
     request that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary undertakes to pay the costs 
     directly attributable to transporting and operating such 
     equipment during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination thereof, by not later than the 
     end of the 45-day period beginning on the date the grant 
     recipient receives the grant funds.
       ``(2) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds pursuant to paragraph (1).
       ``(3) Quarterly report on homeland security spending.--Each 
     recipient of a covered grant shall submit a quarterly report 
     to the Secretary not later than 30 days after the end of each 
     fiscal quarter. Each such report shall include, for each 
     recipient of a covered grant or a pass-through under 
     paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(4) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     fiscal year. Each recipient of a covered grant that is a 
     region shall simultaneously submit its report to each State 
     of which any part is included in the region. Each recipient 
     of a covered grant that is a directly eligible tribe shall 
     simultaneously submit its report to each State within the 
     boundaries of which any part of such tribe is located. Each 
     report shall include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(5) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (4) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(6) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (4) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office of State and Local Government 
     Coordination.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 1802(e)(5)(E) or paragraph (1) for an 
     additional 15-day period. The Secretary may approve such a 
     request, and may extend such period for additional 15-day 
     periods, if the Secretary determines that the resulting delay 
     in providing grant funding to the local government entities 
     that will receive funding under the grant will not have a 
     significant detrimental impact on such entities' terrorism 
     preparedness efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraph 
     (B).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress by December 31 of each year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established under 
     section 1803(a) as a result of the expenditure of covered 
     grant funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established under section 1803(a).''.
       (b) Sense of Congress Regarding Interoperable 
     Communications.--
       (1) Finding.--Congress finds that--
       (A) many emergency response providers (as defined under 
     section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
     101), as amended by this title) working in the same 
     jurisdiction or in different jurisdictions cannot effectively 
     and efficiently communicate with one another; and
       (B) their inability to do so threatens the public's safety 
     and may result in unnecessary loss of lives and property.
       (2) Sense of congress.--It is the sense of Congress that 
     interoperable emergency communications systems and radios 
     should continue to be deployed as soon as practicable for use 
     by the emergency response provider community, and that 
     upgraded and new digital communications systems and new 
     digital radios must meet prevailing national voluntary 
     consensus standards for interoperability.

[[Page S8078]]

       (c) Sense of Congress Regarding Citizen Corps Councils.--
       (1) Finding.--Congress finds that Citizen Corps councils 
     help to enhance local citizen participation in terrorism 
     preparedness by coordinating multiple Citizen Corps programs, 
     developing community action plans, assessing possible 
     threats, and identifying local resources.
       (2) Sense of congress.--It is the sense of Congress that 
     individual Citizen Corps councils should seek to enhance the 
     preparedness and response capabilities of all organizations 
     participating in the councils, including by providing funding 
     to as many of their participating organizations as 
     practicable to promote local terrorism preparedness programs.
       (d) Required Coordination.--The Secretary of Homeland 
     Security shall ensure that there is effective and ongoing 
     coordination of Federal efforts to prevent, prepare for, and 
     respond to acts of terrorism and other major disasters and 
     emergencies among the divisions of the Department of Homeland 
     Security, including the Directorate of Emergency Preparedness 
     and Response and the Office for State and Local Government 
     Coordination and Preparedness.
       (e) Coordination of Industry Efforts.--Section 102(f) of 
     the Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 112(f)) is amended by striking ``and'' after the 
     semicolon at the end of paragraph (6), by striking the period 
     at the end of paragraph (7) and inserting ``; and'', and by 
     adding at the end the following:
       ``(8) coordinating industry efforts, with respect to 
     functions of the Department of Homeland Security, to identify 
     private sector resources and capabilities that could be 
     effective in supplementing Federal, State, and local 
     government agency efforts to prevent or respond to a 
     terrorist attack.''.
       (f) Study Regarding Nationwide Emergency Notification 
     System.--
       (1) Study.--The Secretary of Homeland Security, in 
     consultation with the heads of other appropriate Federal 
     agencies and representatives of providers and participants in 
     the telecommunications industry, shall conduct a study to 
     determine whether it is cost effective, efficient, and 
     feasible to establish and implement an emergency telephonic 
     alert notification system that will--
       (A) alert persons in the United States of imminent or 
     current hazardous events caused by acts of terrorism; and
       (B) provide information to individuals regarding 
     appropriate measures that may be undertaken to alleviate or 
     minimize threats to their safety and welfare posed by such 
     events.
       (2) Technologies to consider.--In conducting the study 
     under paragraph (1), the Secretary shall consider the use of 
     the telephone, wireless communications, and other existing 
     communications networks to provide such notification.
       (3) Report.--Not later than 9 months after the date of 
     enactment of this title, the Secretary shall submit to 
     Congress a report regarding the conclusions of the study 
     conducted under paragraph (1).
       (g) Study of Expansion of Area of Jurisdiction of Office of 
     National Capital Region Coordination.--
       (1) Study.--The Secretary of Homeland Security, acting 
     through the Director of the Office of National Capital Region 
     Coordination, shall conduct a study of the feasibility and 
     desirability of modifying the definition of ``National 
     Capital Region'' applicable under section 882 of the Homeland 
     Security Act of 2002 to expand the geographic area under the 
     jurisdiction of the Office of National Capital Region 
     Coordination.
       (2) Factors.--In conducting the study under paragraph (1), 
     the Secretary shall analyze whether expanding the geographic 
     area under the jurisdiction of the Office of National Region 
     Coordination will--
       (A) promote coordination among State and local governments 
     within the Region, including regional governing bodies, and 
     coordination of the efforts of first responders; and
       (B) enhance the ability of such State and local governments 
     and the Federal Government to prevent and respond to a 
     terrorist attack within the Region.
       (3) Report.--Not later than 6 months after the date of the 
     enactment of this title, the Secretary shall submit a report 
     to Congress on the study conducted under paragraph (1), and 
     shall include in the report such recommendations (including 
     recommendations for legislation to amend section 882 of the 
     Homeland Security Act of 2002) as the Secretary considers 
     appropriate.

     SEC. 605. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

       (a) Technical and Conforming Amendment.--Section 1014 of 
     the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
       (1) by striking subsection (c)(3);
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Administration.--Grants under this section shall be 
     administered in accordance with title 18 of the Homeland 
     Security Act of 2002.''.
       (b) Temporary Limitations on Application.--
       (1) 1-year delay in application.--The following provisions 
     of title XVIII of the Homeland Security Act of 2002, as added 
     by this title, shall not apply during the 1-year period 
     beginning on the date of enactment of this title--
       (A) subsections (b), (c), and (e)(4) (A) and (B) of section 
     1802; and
       (B) in section 1802(f)(3)(A)(i), the phrase ``by achieving, 
     maintaining, or enhancing the essential capabilities of the 
     applicants on a nationwide basis,''.
       (2) 2-year delay in application.--The following provisions 
     of title XVIII of the Homeland Security Act of 2002, as added 
     by this title, shall not apply during the 2-year period 
     beginning on the date of enactment of this title--
       (A) subparagraphs (D) and (E) of section 1806(g)(4); and
       (B) section 1806(i)(3).
       (c) Definitions.--
       (1) Title xviii.--The Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 361 et seq.), as amended by sections 
     602, 603, and 604, is amended by adding at the end the 
     following:

     ``SEC. 1807. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the Homeland Security 
     Grants Board established under section 1802(f).
       ``(2) Consequence.--The term `consequence' means the 
     assessment of the effect of a completed attack.
       ``(3) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 1801(b).
       ``(4) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for self-governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to 1 of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(5) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second-highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(6) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).
       ``(7) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, and respond to acts of 
     terrorism consistent with established practices.
       ``(8) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider' under section 2.
       ``(9) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(10) Region.--The term `region' means any geographic 
     area--
       ``(A) certified by the Secretary under section 1802(a)(3);
       ``(B) consisting of all or parts of 2 or more counties, 
     municipalities, or other local governments and including a 
     city with a core population exceeding 500,000 according to 
     the most recent estimate available from the United States 
     Census; and
       ``(C) that, for purposes of an application for a covered 
     grant--
       ``(i) is represented by 1 or more local governments or 
     governmental agencies within such geographic area; and
       ``(ii) is established by law or by agreement of 2 or more 
     such local governments or governmental agencies, such as 
     through a mutual aid agreement.
       ``(11) Risk-based funding.--The term `risk-based funding' 
     means the allocation of funds based on an assessment of 
     threat, vulnerability, and consequence.
       ``(12) Task force.--The term `Task Force' means the Task 
     Force on Essential Capabilities established under section 
     1804.
       ``(13) Threat.--The term `threat' means the assessment of 
     the plans, intentions, and capability of an adversary to 
     implement an identified attack scenario.
       ``(14) Vulnerability.--The term `vulnerability' means the 
     degree to which a facility is available or accessible to an 
     attack, including the degree to which the facility is 
     inherently secure or has been hardened against such an 
     attack.''.

[[Page S8079]]

       (2) Definition of emergency response providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
     ``includes'' and all that follows and inserting ``includes 
     Federal, State, and local governmental and nongovernmental 
     emergency public safety, law enforcement, fire, emergency 
     response, emergency medical (including hospital emergency 
     facilities), and related personnel, organizations, agencies, 
     and authorities.''.
       (d) Table of Contents.--Section 1(b) of the Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 note) 
     is amended in the table of contents by adding at the end the 
     following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 1801. Risk-based funding for homeland security.
``Sec. 1802. Covered grant eligibility and criteria.
``Sec. 1803. Essential capabilities for homeland security.
``Sec. 1804. Task Force on Essential Capabilities.
``Sec. 1805. National standards for first responder equipment and 
              training.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. Definitions.''.
                                 ______
                                 
  SA 1204. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill H.R. 2360, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

            TITLE __---BORDER ENFORCEMENT AND VISA SECURITY

       Sec. _01.(a) Not later than December 31, 2006, the 
     Secretary of Homeland Security shall make the expedited 
     removal procedures under section 235 of the Immigration and 
     Nationality Act (8 U.S.C. 1225) available in all border 
     patrol sectors on the borders of the United States.
       (b) Section 235(b)(1)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by 
     inserting ``a supervisory'' before ``officer shall''.
       Sec. _02.(a) The Secretary of Homeland Security shall 
     provide all customs and border protection officers with 
     training in identifying and detecting fraudulent travel 
     documents. Such training shall be developed in consultation 
     with the Forensic Document Laboratory of the Immigration and 
     Customs Enforcement.
       (b) The Secretary of Homeland Security shall provide all 
     customs and border protection officers with access to the 
     Forensic Document Laboratory.
       Sec. _03. Section 303 of Public Law 107-173 (8 U.S.C. 1732) 
     is amended--
       (1) in the header, by striking ``ENTRY AND EXIT DOCUMENTS'' 
     and inserting ``TRAVEL AND ENTRY DOCUMENTS AND EVIDENCE OF 
     STATUS'';
       (2) in subsection (b)(1)--
       (A) by striking ``Not later than October 26, 2004, the 
     Attorney General'' and inserting ``The Secretary of Homeland 
     Security''; and
       (B) by striking ``visas and'' each place it appears and 
     inserting ``visas, evidence of status, and'';
       (3) by redesignating subsection (d) as subsection (e); and
       (4) by inserting after subsection (c) the following:
       ``(d) Other Documents.--Not later than October 26, 2007, 
     every document, other than an interim document, issued by the 
     Department of Homeland Security, which may be used as 
     evidence of immigrant, nonimmigrant, parole, asylee, or 
     refugee status, shall be machine-readable, tamper-resistant, 
     and allow biometric authentication.''.
       Sec. _04. Section 222(g) of the Immigration and Nationality 
     Act (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1), by inserting ``and any other 
     nonimmigrant visa issued by the United States that is in the 
     possession of the alien'' after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.
       Sec. _05.(a) Section 212 of the Immigration and Nationality 
     Act (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(7), by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who fails 
     to comply with a lawful request for biometric data under 
     section 215(c) or 235(d) is inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:
       ``(2) The Secretary of Homeland Security shall determine 
     whether a ground for inadmissibility exists with respect to 
     an alien described in subparagraph (C) subsection (a)(7) and 
     may waive the application of such subparagraph, for an 
     individual alien or a class of aliens, at the discretion of 
     the Secretary.''.
       (b) Section 215 of the Immigration and Nationality Act (8 
     U.S.C. 1185) is amended--
       (1) by redesignating subsection (c) as subsection (g); and
       (2) by inserting after subsection (b) the following:
       ``(c) The Secretary of Homeland Security is authorized to 
     require aliens departing the United States to provide 
     biometric data and other information relating to their 
     immigration status.''.
       (c) Section 235(d) of the Immigration and Nationality Act 
     (8 U.S.C. 1185(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsection (b), immigration officers are 
     authorized to collect biometric data from--
       ``(A) any applicant for admission or alien seeking to 
     transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States, but is not regarded as seeking admission under 
     section 101(a)(13)(C).''.
       (d) Section 252 of the Immigration and Nationality Act (8 
     U.S.C. 1282) is amended by inserting ``Immigration officers 
     are authorized to collect biometric data from any alien 
     crewman seeking permission to land temporarily in the United 
     States.'' after ``this title.''.
       (e) Not later than 6 months after the date of enactment of 
     this Act, the Secretary shall submit a report to Congress on 
     the full implementation of the exit portion of US-VISIT.
       Sec. _06.(a) Section 236(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
       (1) by striking ``on'';
       (2) in subparagraph (A)--
       (A) by inserting ``except as provided under subparagraph 
     (B), upon the giving of a''; and
       (B) by striking ``or'' at the end;
       (3) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (4) by inserting after subparagraph (A) the following:
       ``(B) if the alien is a national of a noncontiguous 
     country, has not been admitted or paroled into the United 
     States, and was apprehended within 100 miles of the 
     international border of the United States or presents a 
     flight risk, as determined by the Secretary of Homeland 
     Security, upon the giving of a bond of at least $5,000 with 
     security approved by, and containing conditions prescribed 
     by, the Secretary of Homeland Security or the Attorney 
     General; or''.
       (b) Not later than 2 years after the effective date of this 
     Act, the Secretary of Homeland Security shall submit a report 
     to Congress that summarizes the implementation of the 
     amendment made by subsection (a).
       Sec. _07. Section 243(d) of the Immigration and Nationality 
     Act (8 U.S.C. 1253(d)) is amended--
       (1) by striking ``On being notified'' and inserting the 
     following:
       ``(1) In general.--Upon notification''; and
       (2) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (3) by adding at the end the following:
       ``(2) Denial of admission.--The Secretary of Homeland 
     Security, after making a determination that the government of 
     a foreign country has denied or unreasonably delayed 
     accepting an alien who is a citizen, subject, national, or 
     resident of that country after the alien has been ordered 
     removed, and after consultation with the Secretary of State, 
     may deny admission to any citizen, subject, national or 
     resident of that country until the country accepts the alien 
     that was ordered removed.''.
       Sec. _08.(a) Section 241(a)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(5)) is amended--
       (1) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (2) by adding at the end the following: ``Reinstatement 
     under this paragraph shall not require a proceeding under 
     section 240.''.
       (b)(1) The amendment made by subsection (a)(1) shall take 
     effect as if enacted on March 1, 2003.
       (2) The amendments made by subsection (a) shall take effect 
     on September 30, 1996, as if included in the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (Division C of Public Law 104-208).
       Sec. _09.(a) The Attorney General and the Secretary of 
     Homeland Security shall continue to operate and implement the 
     Institutional Removal Program, which identifies removable 
     criminal aliens in Federal and State correctional facilities, 
     ensures such aliens are not released into the community, and 
     removes such aliens from the United States after the 
     completion of their sentences.
       (b) The Institutional Removal Program shall be made 
     available to all States.
       (c) Law enforcement officers of a State or political 
     subdivision of a State are authorized to hold an illegal 
     alien for a period of up to 14 days after the alien has 
     completed the alien's State prison sentence in order to 
     effectuate the transfer of the alien to Federal custody when 
     the alien is removable or not lawfully present in the United 
     States.
       (d) Technology, such as videoconferencing, shall be used to 
     the maximum extent practicable in order to make the 
     Institutional Removal Program available to facilities in 
     remote locations.
                                 ______
                                 
  SA 1205. Mr. SHELBY (for himself, Mr. Sarbanes, Mr. Reed, Mrs. Dole,

[[Page S8080]]

Mr. Dodd, Mr. Schumer, Ms. Stabenow, Mr. Corzine, Mr. Byrd, Mrs. 
Clinton, Mr. Lieberman, Ms. Mikulski, Mr. Lautenberg, Mr. Kennedy, and 
Mr. Kerry) submitted an amendment intended to be proposed by him to the 
bill H.R. 2360, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``$3,760,300,000''.
       On page 78, strike line 25 and all that follows through 
     ``(E)'' on page 79, line 5, and insert the following: 
     ``security grants; and
       ``(D)''.
       On page 79, between 22 and 23, insert the following:
       (7) $1,166,000,000 for transit security grants, of which--
       (A) $790,000,000 shall be for grants for public 
     transportation agencies for allowable capital security 
     improvements;
       (B) $333,000,000 shall be for grants for public 
     transportation agencies for allowable operational security 
     improvements; and
       (C) $43,000,000 shall be for grants to public or private 
     entities to conduct research into, and demonstration of, 
     technologies and methods to reduce and deter terrorist 
     threats or mitigate damages resulting from terrorist attacks 
     against public transportation systems:
                                 ______
                                 
  SA 1206. Mr. SARBANES submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 83, line 26, strike the period at the end and 
     insert ``: Provided further, That of the total amount made 
     available under this heading, $52,600,000 shall be for the 
     United States Fire Administration.''.
                                 ______
                                 
  SA 1207. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) Not later than September 30, 2006, the 
     Secretary of Homeland Security shall submit a report to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives that 
     includes--
       (1) the results of the survey under subsection (c); and
       (2) a plan to implement changes to address problems 
     identified in the survey.
       (b) Not later than June 30, 2006, the Secretary of Homeland 
     Security shall submit an interim report to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives on the 
     specific design of the survey under subsection (c).
       (c) In preparing the report under subsection (a), the 
     Secretary of Homeland Security shall conduct a survey of 
     State and local government emergency officials that--
       (1) involve enough respondents to get an adequate, 
     representational response from police, fire, medical, and 
     emergency planners on the regional, State, county, and 
     municipal levels, and other State and local homeland security 
     officials as determined by the Secretary; and
       (2) identifies problems relating to the effectiveness and 
     user-friendliness of programs in which the Department of 
     Homeland Security interacts with State and local officials, 
     including grant management, intelligence sharing, training, 
     incident management, regional coordination, critical 
     infrastructure prioritization, and long-term homeland 
     security planning.
                                 ______
                                 
  SA 1208. Mr. CORZINE submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:
       (a) Findings.--The Senate finds that--
       (1) On February 6, 2002, Director of Central Intelligence 
     George Tenet testified that ``[A]l Qaeda or other terrorist 
     groups might also try to launch conventional attacks against 
     the chemical or nuclear industrial infrastructure of the 
     United States to cause widespread toxic or radiological 
     damage.''
       (2) On April 27, 2005, the GAO found that ``Experts agree 
     that the nation's chemical facilities present an attractive 
     target for terrorists intent on causing massive damage. For 
     example, the Department of Justice has concluded that the 
     risk of an attempt in the foreseeable future to cause an 
     industrial chemical release is both real and credible. 
     Terrorist attacks involving the theft or release of certain 
     chemicals could significantly impact the health and safety of 
     millions of Americans, disrupt the local or regional economy, 
     or impact other critical infrastructures that rely on 
     chemicals, such as drinking water and wastewater treatment 
     systems.''
       (3) As of May 2005, according to data collected pursuant to 
     the Risk Management Plan (RMP) of the Environmental 
     Protection Agency (EPA), a worst-case release of chemicals 
     from 2237 facilities would potentially affect between 10,000 
     and 99,999 people, a release from 493 facilities would 
     potentially affect between 100,000 and 999,000, and a release 
     from 111 facilities would potentially affect over one 
     million.
       (4) On April 27, 2005, the GAO found that EPA RMP data was 
     based on a release from a single vessel or pipe rather than 
     the entire quantity on site and that ``[A]n attack that 
     breached multiple chemical vessels simultaneously could 
     result in a larger release with potentially more severe 
     consequences than those outlined in 'worst-case' scenarios.''
       (5) On April 27, 2005, the GAO found that ``Despite efforts 
     by DHS to assess facility vulnerabilities and suggest 
     security improvements, no one has comprehensively assessed 
     security at facilities that house chemicals nationwide.'' GAO 
     further testified that ``EPA officials estimated in 2003, 
     that voluntary initiatives led by industry associations only 
     reach a portion of the 15,000 RMP facilities. Further, EPA 
     and DHS have stated publicly that voluntary efforts alone are 
     not sufficient to assure the public of the industry's 
     preparedness.''
       (6) On June 15, 2005, Thomas P. Dunne, Deputy Assistant 
     Administrator for the Office of Solid Waste and Emergency 
     Response of the EPA testified that ``[O]n1y a fraction of 
     U.S. hazardous chemical facilities are currently subject to 
     Federal security requirements'' and that ``we cannot be sure 
     that every high-risk chemical facility has taken voluntary 
     action to secure itself against terrorism.''
       (7) On June 15, 2005, Robert Stephan, Acting Undersecretary 
     for Information Analysis and Infrastructure Protection and 
     Assistant Secretary for Infrastructure Protection at the 
     Department of Homeland Security testified that that the 
     Department ``has concluded that from the regulatory 
     perspective, the existing patchwork of authorities does not 
     permit us to regulate the industry effectively.'' Stephen 
     further testified that ``[I]t has become clear that the 
     entirely voluntary efforts of [chemical facility] companies 
     alone will not sufficiently address security for the entire 
     sector'' and that ``The Department should develop enforceable 
     performance standards . . .''
       (8) The Senate Committee on Homeland Security and 
     Governmental Affairs, through a series of valuable and wide-
     ranging hearings, has demonstrated bipartisan commitment to 
     effective Congressional action to protect Americans against a 
     possible terrorist attack against chemical facilities.
       (b) Sense of the Senate.--It is the Sense of the Senate 
     that the Congress should pass legislation establishing 
     enforceable federal standards to protect against a terrorist 
     attack on chemical facilities within the United States.
                                 ______
                                 
  SA 1209. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. QUADRENNIAL HOMELAND DEFENSE REVIEW.

       (a) In General.--
       (1) Frequency and scope.--Beginning in fiscal year 2008, 
     and every 4 years thereafter, the Secretary of Homeland 
     Security shall conduct every 4 years, during a year following 
     a year evenly divisible by 4, a comprehensive examination of 
     the national homeland defense strategy, inter-agency 
     cooperation, preparedness of Federal response assets, 
     infrastructure, budget plan, and other elements of the 
     homeland defense program and policies of the United States 
     with a view toward determining and expressing the homeland 
     defense strategy of the United States and establishing a 
     homeland defense program for the next 20 years. Each review 
     under this paragraph shall be known as the ``quadrennial 
     homeland defense review''.
       (2) Consultation.--Each quadrennial homeland defense review 
     under paragraph (1) shall be conducted in consultation with 
     the Attorney General of the United States and the Secretaries 
     of State, Defense, Health and Human Services, and the 
     Treasury.
       (b) Contents of Review.--Each quadrennial homeland defense 
     review shall--
       (1) delineate a national homeland defense strategy 
     consistent with the most recent National Response Plan 
     prepared under Homeland Security Presidential Directive 5 or 
     any directive meant to replace or augment that directive;
       (2) describe the inter-agency cooperation, preparedness of 
     Federal response assets, infrastructure, budget plan, and 
     other elements of the homeland defense program and policies 
     of the United States associated with

[[Page S8081]]

     that national homeland defense strategy required to execute 
     successfully the full range of missions called for in the 
     national homeland defense strategy delineated under paragraph 
     (1); and
       (3) identify--
       (A) the budget plan required to provide sufficient 
     resources to successfully execute the full range of missions 
     called for in that national homeland defense strategy at a 
     low-to-moderate level of risk, and
       (B) any additional resources required to achieve such a 
     level of risk.
       (c) Level of Risk.--The assessment of the level of risk for 
     purposes of subsection (b)(3) shall be conducted by the 
     Director of National Intelligence.
       (d) Reporting.--
       (1) In general.--The Secretary of Homeland Security shall 
     submit a report regarding each quadrennial homeland defense 
     review to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives. The report shall be 
     submitted not later than September 30 of the year in which 
     the review is conducted.
       (2) Contents of report.--The report submitted under 
     paragraph (1) shall include--
       (A) the results of the quadrennial homeland defense review;
       (B) the threats to the assumed or defined national homeland 
     security interests of the United States that were examined 
     for the purposes of the review and the scenarios developed in 
     the examination of those threats;
       (C) the status of cooperation among Federal agencies in the 
     effort to promote national homeland security;
       (D) the status of cooperation between the Federal 
     Government and State governments in preparing for emergency 
     response to threats to national homeland security, and
       (E) any other matter the Secretary of Homeland Security 
     considers appropriate.
                                 ______
                                 
  SA 1210. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:

     SEC. 519. RAIL TUNNEL SECURITY RESEARCH.

       (a) Findings.--The Senate finds that--
       (1) railroad tunnels, and underground stations have been 
     identified as particularly high risk terrorist targets 
     because of the potential for large passenger volumes, 
     confined spaces, relatively unrestricted access, and the 
     potential for network disruptions and significant economic, 
     political and social impact;
       (2) many rail tunnels have safety problems including 
     structural deficiencies, ventilation problems, lack of 
     communications equipment and insufficient emergency access 
     and exits;
       (3) there are more than 898 miles of rail tunnels in 
     transit systems across the country;
       (4)(A) security experts have identified a number of 
     technology and training needs to prevent attacks on tunnels 
     and to mitigate and remediate the impact of such attacks;
       (B) technological needs include detection systems, 
     dispersal control, and decontamination techniques; and
       (C) training for emergency response to a variety of 
     scenarios is also needed; and
       (5) the Department of Transportations Transportation 
     Technology Center in Pueblo, Colorado--
       (A) is one of the Nation's largest and most advanced rail 
     safety research centers in the Nation; and
       (B) offers full-scale testing, dynamic modeling, 
     performance monitoring, technical analyses, feasibility and 
     economic studies as well as training classes to prepare first 
     responders and test new safety technologies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Department of Homeland Security is urged to invest 
     in research to promote tunnel rail safety as well as training 
     to ensure first responders are prepared to respond to rail 
     tunnel emergencies; and
       (2) employing existing Federal facilities in this effort 
     can result in efficiencies and permit this important research 
     to proceed at decreased cost to the taxpayer and with minimal 
     interference with ongoing passenger and freight rail traffic.
                                 ______
                                 
  SA 1211. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 2360, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.   . INTEROPERABLE COMMUNICATION.

       On page 79, strikes lines 21 and 22 and insert in lieu 
     thereof the following:
       (6) $374,300,000 for training, exercises, technical 
     assistance, and other programs: Provided, That not less than 
     $65,400,000 shall be used by States, units of local 
     government, local law enforcement agencies, and local fire 
     departments to purchase or improve communication systems to 
     allow for real-time, interoperable communication between 
     first responders
                                 ______
                                 
  SA 1212. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 56, line 19, strike ``$124,620,000'' and insert 
     ``$115,160,000''.
       On page 57, line 1, strike ``$146,322,000'' and insert 
     ``$135,572,000''.
       On page 57, line 17, strike ``$18,325,000'' and insert 
     ``$17,035,000''.
       On page 57, line 22, strike ``$286,540,000'' and insert 
     ``$265,040,000''.
       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``2,737,300,000''.
       On page 79, line 22, strike the colon and insert a period.
       On page 79, between lines 22 and 23, insert the following:
       (7) $43,000,000 for non-urban communities that are not 
     eligible for the Urban Area Security Initiative grants, 
     distributed at the discretion of the Secretary of Homeland 
     Security based on risks, threats, and vulnerabilities. When 
     distributing these funds the Secretary should consider and 
     give preference to communities with close proximity to 
     international borders, chemical facilities, nuclear power 
     facilities, inland waterway infrastructure, rail 
     transportation infrastructure and major U.S. water and land 
     ports and airports:
                                 ______
                                 
  SA 1213. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 56, line 19, strike ``$124,620,000'' and insert 
     ``$115,160,000''.
       On page 57, line 1, strike ``$146,322,000'' and insert 
     ``$135,572,000''.
       On page 57, line 17, strike ``$18,325,000'' and insert 
     ``$17,035,000''.
       On page 57, line 22, strike ``$286,540,000'' and insert 
     ``$265,040,000''.
       On page 77, line 18, strike ``$2,694,300,000'' and insert 
     ``2,737,300,000''.
       On page 79, line 22, strike the colon and insert a period.
       On page 79, between lines 22 and 23, insert the following:
       (7) $43,000,000 for interoperable communications equipment 
     grants:
                                 ______
                                 
  SA 1214. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 100, between lines 11 and 12, insert the following:
       Sec. 519. (a) Liability Protection.--A person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company shall not be liable for civil damages under any State 
     or Federal law for personal injuries, property damage or 
     loss, or death caused by the equipment after the donation.
       (b) Exceptions.--Subsection (a) does not apply to a person 
     if--
       (1) the person's act or omission causing the injury, 
     damage, loss, or death constitutes gross negligence or 
     intentional misconduct; or
       (2) the person is the manufacturer of the fire control or 
     fire rescue equipment.
       (c) Preemption.--This section preempts the laws of any 
     State to the extent that such laws are inconsistent with this 
     section, except that notwithstanding subsection (b) this 
     section shall not preempt any State law that provides 
     additional protection from liability for a person who donates 
     fire control or fire rescue equipment to a volunteer fire 
     company.
       (d) Definitions.--In this section:
       (1) Person.--The term ``person'' includes any governmental 
     or other entity.
       (2) Fire control or rescue equipment.--The term ``fire 
     control or fire rescue equipment'' includes any fire vehicle, 
     fire fighting tool, communications equipment, protective 
     gear, fire hose, or breathing apparatus.
       (3) State.--The term ``State'' includes the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, American 
     Samoa, Guam, the Virgin Islands, any other territory or 
     possession of the United States, and any political 
     subdivision of any such State, territory, or possession.
       (4) Volunteer fire company.--The term ``volunteer fire 
     company'' means an association of individuals who provide 
     fire protection and other emergency services, where at least 
     30 percent of the individuals receive little or no 
     compensation compared with an entry level full-time paid 
     individual in that association or in the nearest such 
     association with an entry level full-time paid individual.
       (e) Effective Date.--This section applies only to liability 
     for injury, damage, loss, or death caused by equipment that, 
     for purposes of subsection (a), is donated on or after the 
     date that is 30 days after the date of the enactment of this 
     Act.

[[Page S8082]]

                                 ______
                                 
  SA 1215. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg, 
Mrs. Boxer, Mrs. Hutchison, Mr. Kerry, Mr. Martinez, Mr. Schumer, Mr. 
Nelson of Florida, Mrs. Clinton, Mr. Corzine, and Mr. Kennedy) proposed 
an amendment to amendment SA 1142 proposed by Ms. Collins (for herself, 
Mr. Lieberman, Mr. DeWine, Mr. Coburn, Mr. Akaka, Mr. Carper, Mr. 
Salazar, Mr. Coleman, Mr. Voinovich, Mr. Reed, Mr. Bingaman, and Mr. 
Harkin) to the bill H.R. 2360, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2006, and 
for other purposes; as follows:

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

             TITLE VI--HOMELAND SECURITY GRANT ENHANCEMENT

     SEC. 601. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Funding 
     Our Risks With Appropriate Resource Disbursement Act of 
     2005'' or the ``Homeland Security FORWARD Funding Act of 
     2005''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 601. Short title; table of contents.
Sec. 602. Risk-based funding for homeland security.
Sec. 603. Essential capabilities, task forces, and standards.
Sec. 604. Effective administration of homeland security grants.
Sec. 605. Implementation and definitions.

     SEC. 602. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       (a) Risk-Based Funding in General.--The Homeland Security 
     Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is 
     amended by adding at the end the following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

     ``SEC. 1801. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       ``(a) Risk-Based Funding.--The Secretary shall ensure that 
     homeland security grants are allocated based on an assessment 
     of threat, vulnerability, and consequence to the maximum 
     extent practicable.
       ``(b) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, or mitigate threatened or actual terrorist attacks, 
     especially those involving weapons of mass destruction, and 
     grants provided by the Department for improving homeland 
     security, including the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(4) Citizen corps program.--The Citizen Corps Program of 
     the Department, or any successor to such grant program.
       ``(c) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.), the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
       ``(d) Effect on Covered Grants.--Nothing in this Act shall 
     be construed to require the elimination of a covered grant 
     program.''.
       (b) Covered Grant Eligibility and Criteria.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by subsection (a), is amended by adding at 
     the end the following:

     ``SEC. 1802. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--
       ``(1) In general.--
       ``(A) General eligibility.--Except as provided in 
     subparagraphs (B) and (C), any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(B) Urban area security initiative.--Only a region shall 
     be eligible to apply for a grant under the Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(C) State homeland security grant program.--Only a State 
     shall be eligible to apply for a grant under the State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Other grant applicants.--
       ``(A) In general.--Grants provided by the Department for 
     improving homeland security, including to seaports, airports, 
     and other transportation facilities, shall be allocated as 
     described in section 1801(a).
       ``(B) Consideration.--Such grants shall be considered, to 
     the extent determined appropriate by the Secretary, pursuant 
     to the procedures and criteria established in this title, 
     except that the eligibility requirements of paragraph (1) 
     shall not apply.
       ``(3) Certification of regions.--
       ``(A) In general.--The Secretary shall certify a geographic 
     area as a region if--
       ``(i) the geographic area meets the criteria under section 
     1807(10)(B) and (C); and
       ``(ii) the Secretary determines, based on an assessment of 
     threat, vulnerability, and consequence, that certifying the 
     geographic area as a region under this title is in the 
     interest of national homeland security.
       ``(B) Existing urban area security initiative areas.--
     Notwithstanding subparagraphs (B) and (C) of section 
     1807(10), a geographic area that, on or before the date of 
     enactment of the Homeland Security FORWARD Funding Act of 
     2005, was designated as a high-threat urban area for purposes 
     of the Urban Area Security Initiative, shall be certified by 
     the Secretary as a region unless the Secretary determines, 
     based on an assessment of threat, vulnerability, and 
     consequence, that certifying the geographic area as a region 
     is not in the interest of national homeland security.
       ``(b) Grant Criteria.--In awarding covered grants, the 
     Secretary shall assist States, local governments, and 
     operators of airports, ports, or similar facilities in 
     achieving, maintaining, and enhancing the essential 
     capabilities established by the Secretary under section 1803.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     shall submit to the Secretary a 3-year State homeland 
     security plan that--
       ``(A) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(B) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(C) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(D) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(E) is developed in consultation with and subject to 
     appropriate comment by local governments within the State; 
     and
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan.
       ``(2) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, directly eligible tribe, or 
     operator of an airport, port, or similar facility may apply 
     for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants shall be submitted at such 
     time as the Secretary may reasonably require for the fiscal 
     year for which they are submitted. The Secretary shall award 
     covered grants pursuant to all approved applications for such 
     fiscal year as soon as practicable, but not later than March 
     1 of such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the subsequent 
     fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe or at the airport, port, or similar facility 
     to which the application pertains;

[[Page S8083]]

       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 1806(g)(1), would assist in fulfilling the 
     essential capabilities specified in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant;
       ``(iii) a designation of a specific individual to serve as 
     regional liaison; and
       ``(iv) a description of how the governmental entity 
     administering the expenditure of funds under the covered 
     grant plans to allocate the covered grant funds to States, 
     local governments, and Indian tribes;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds; and
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison.
       ``(5) Regional applications.--
       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) Opportunity for state review and comment.--
       ``(i) In general.--To ensure coordination with an 
     application submitted by a State or States, an applicant that 
     is a region shall submit its application to each State within 
     the boundaries of which any part of such region is located 
     for review. Before awarding any covered grant to a region, 
     the Secretary shall provide an opportunity to each State 
     within the boundaries of which any part of such region is 
     located to comment to the Secretary on the consistency of the 
     region's application with the State's homeland security plan. 
     Any such comments and the underlying regional application 
     shall be submitted to the Secretary concurrently with the 
     submission of the State and regional applications.
       ``(ii) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a region with the applicable State homeland security plan or 
     plans, and to approve any application of such region. The 
     Secretary shall notify each State within the boundaries of 
     which any part of such region is located of the approval of 
     an application by such region.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application; Provided That, in 
     no such case shall the State or States pass through to the 
     region less than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 1806(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe shall submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, and private sector 
     officials to assist in the development of the application of 
     such tribe and to improve the tribe's access to covered 
     grants; and
       ``(ii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 1806(g)(1), the tribe may 
     request payment under section 1806(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary under 
     section 1805(a), the applicant shall include in the 
     application an explanation of why such equipment or systems 
     will serve the needs of the applicant better than equipment 
     or systems that meet or exceed such standards.
       ``(f) Homeland Security Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a Homeland Security Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Deputy Secretary of Homeland Security;
       ``(C) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(D) the Under Secretary for Border and Transportation 
     Security;
       ``(E) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(F) the Under Secretary for Science and Technology; and
       ``(G) the Director of the Office of State and Local 
     Government Coordination.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(3) Risk-based ranking of grant applications.--
       ``(A) Prioritization of grants.--The Board--
       ``(i) shall evaluate and annually prioritize all pending 
     applications for covered grants based upon the degree to 
     which they would, by achieving, maintaining, or enhancing the 
     essential capabilities of the applicants on a nationwide 
     basis, lessen the threat to, vulnerability of, and 
     consequences for persons and critical infrastructure; and
       ``(ii) in evaluating the threat to persons and critical 
     infrastructure for purposes of prioritizing covered grants, 
     shall give greater weight to threats of terrorism based on 
     their specificity and credibility, including any pattern of 
     repetition.
       ``(B) Minimum amounts.--
       ``(i) In general.--After evaluating and prioritizing grant 
     applications under subparagraph (A), the Board shall ensure 
     that, for each fiscal year, each State that has an approved 
     State homeland security plan receives no less than 0.25 
     percent of the funds available for the State Homeland 
     Security Grant Program, as described in section 1801(b)(1), 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of additional needs under subsection (c)(1)(C).
       ``(ii) Other entities.--Notwithstanding clause (i), the 
     Board shall ensure that, for each fiscal year, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands each receive 0.08 percent of the 
     funds available for the State Homeland Security Grant 
     Program, as described in section 1801(b)(1), for that fiscal

[[Page S8084]]

     year for purposes of implementing its homeland security plan 
     in accordance with the prioritization of additional needs 
     under subsection (c)(1)(C).
       ``(4) Functions of under secretaries.--The Under 
     Secretaries referred to in paragraph (1) shall seek to ensure 
     that the relevant expertise and input of the staff of their 
     directorates are available to and considered by the Board.''.

     SEC. 603. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by section 602, is amended by 
     adding at the end the following:

     ``SEC. 1803. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

       ``(a) Establishment of Essential Capabilities.--
       ``(1) In general.--For purposes of covered grants, the 
     Secretary shall establish clearly defined essential 
     capabilities for State and local government preparedness for 
     terrorism, in consultation with--
       ``(A) the Task Force on Essential Capabilities established 
     under section 1804;
       ``(B) the Under Secretaries for Emergency Preparedness and 
     Response, Border and Transportation Security, Information 
     Analysis and Infrastructure Protection, and Science and 
     Technology, and the Director of the Office of State and Local 
     Government Coordination;
       ``(C) the Secretary of Health and Human Services;
       ``(D) other appropriate Federal agencies;
       ``(E) State and local first responder agencies and 
     officials; and
       ``(F) consensus-based standard making organizations 
     responsible for setting standards relevant to the first 
     responder community.
       ``(2) Deadlines.--The Secretary shall--
       ``(A) establish essential capabilities under paragraph (1) 
     within 30 days after receipt of the report under section 
     1804(b); and
       ``(B) regularly update such essential capabilities as 
     necessary, but not less than every 3 years.
       ``(3) Provision of essential capabilities.--The Secretary 
     shall ensure that a detailed description of the essential 
     capabilities established under paragraph (1) is provided 
     promptly to the States and to Congress. The States shall make 
     the essential capabilities available as necessary and 
     appropriate to local governments and operators of airports, 
     ports, and other similar facilities within their 
     jurisdictions.
       ``(b) Objectives.--The Secretary shall ensure that 
     essential capabilities established under subsection (a)(1) 
     meet the following objectives:
       ``(1) Specificity.--The determination of essential 
     capabilities specifically shall describe the training, 
     planning, personnel, and equipment that different types of 
     communities in the Nation should possess, or to which they 
     should have access, in order to meet the Department's goals 
     for terrorism preparedness based upon--
       ``(A) the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States;
       ``(B) the types of threats, vulnerabilities, geography, 
     size, and other factors that the Secretary has determined to 
     be applicable to each different type of community; and
       ``(C) the principles of regional coordination and mutual 
     aid among State and local governments.
       ``(2) Flexibility.--The establishment of essential 
     capabilities shall be sufficiently flexible to allow State 
     and local government officials to set priorities based on 
     particular needs, while reaching nationally determined 
     terrorism preparedness levels within a specified time period.
       ``(3) Measurability.--The establishment of essential 
     capabilities shall be designed to enable measurement of 
     progress toward specific terrorism preparedness goals.
       ``(4) Comprehensiveness.--The determination of essential 
     capabilities for terrorism preparedness shall be made within 
     the context of a comprehensive State emergency management 
     system.
       ``(c) Factors To Be Considered.--
       ``(1) In general.--In establishing essential capabilities 
     under subsection (a)(1), the Secretary specifically shall 
     consider the variables of threat, vulnerability, and 
     consequences with respect to the Nation's population 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such consideration shall be based 
     upon the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States.
       ``(2) Critical infrastructure sectors.--The Secretary 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     Nation, urban and rural:
       ``(A) Agriculture.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Food.
       ``(H) Government.
       ``(I) Postal and shipping.
       ``(J) Public health.
       ``(K) Information and telecommunications networks.
       ``(L) Transportation.
       ``(M) Water.
     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Secretary specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the Nation, urban and rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.

     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--In establishing 
     essential capabilities under subsection (a)(1), the Secretary 
     shall take into account any other specific threat to a 
     population (including a transient commuting or tourist 
     population) or critical infrastructure sector that the 
     Secretary has determined to exist.

     ``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES.

       ``(a) Establishment.--To assist the Secretary in 
     establishing essential capabilities under section 1803(a)(1), 
     the Secretary shall establish an advisory body pursuant to 
     section 871(a) not later than 60 days after the date of the 
     enactment of this section, which shall be known as the Task 
     Force on Essential Capabilities.
       ``(b) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, not later than 9 months after its establishment by 
     the Secretary under subsection (a) and every 3 years 
     thereafter, a report on its recommendations for essential 
     capabilities for preparedness for terrorism.
       ``(2) Contents.--The report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to Congress 
     on determining the appropriate allocation of, and funding 
     levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of past 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities are, to the extent feasible, consistent with any 
     preparedness goals or recommendations of the Federal working 
     group established under section 319F(a) of the Public Health 
     Service Act (42 U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent or 
     prepare for terrorist attacks.
       ``(c) Membership.--
       ``(1) In general.--The Task Force shall consist of 35 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic and substantive cross 
     section of governmental and nongovernmental first responder 
     disciplines from the State and local levels, including as 
     appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and

[[Page S8085]]

       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing 1 of the 2 major 
     political parties, an equal number of elected officials shall 
     be selected from each such party.
       ``(2) Coordination with the department of health and human 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate the selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate 1 or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(d) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 1805. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall, not later 
     than 6 months after the date of enactment of this section, 
     support the development of, promulgate, and update as 
     necessary national voluntary consensus standards for the 
     performance, use, and validation of first responder equipment 
     for purposes of section 1802(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods, and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall support the 
     development of, promulgate, and regularly update as necessary 
     national voluntary consensus standards for first responder 
     training carried out with amounts provided under covered 
     grant programs, that will enable State and local government 
     first responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, and mitigate terrorist threats, including threats 
     from chemical, biological, nuclear, and radiological weapons 
     and explosive devices capable of inflicting significant human 
     casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program;
       ``(13) the National Domestic Preparedness Consortium; and
       ``(14) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.

     SEC. 604. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY 
                   GRANTS.

       (a) Use of Grant Funds and Accountability.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by sections 602 and 603, is amended by 
     adding at the end the following:

     ``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing, upgrading, or maintaining equipment, 
     including computer software, to enhance terrorism 
     preparedness and response;
       ``(2) exercises to strengthen terrorism preparedness and 
     response;
       ``(3) training for prevention (including detection) of, 
     preparedness for, or response to attacks involving weapons of 
     mass destruction, including training in the use of equipment 
     and computer software;
       ``(4) developing or updating response plans;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness and response purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities;
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities; and
       ``(D) participation in information, investigative, and 
     intelligence-sharing activities specifically related to 
     terrorism prevention;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) target hardening to reduce the vulnerability of high-
     value targets, as determined by the Secretary;
       ``(10) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(11) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, deems best suited to facilitate 
     interoperability, coordination, and integration between and 
     among emergency communications systems, and that complies 
     with prevailing grant guidance of the Department for 
     interoperable communications;

[[Page S8086]]

       ``(12) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(13) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prepare for and respond to an act of terrorism;
       ``(14) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds that have been 
     obligated for a homeland security or other first responder-
     related project;
       ``(2) to construct buildings or other physical facilities, 
     except for--
       ``(A) activities under section 611 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196); and
       ``(B) upgrading facilities to protect against, test for, 
     and treat the effects of biological agents, which shall be 
     included in the homeland security plan approved by the 
     Secretary under section 1802(c);
       ``(3) to acquire land; or
       ``(4) for any State or local government cost-sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary under section 1803.
       ``(d) Reimbursement of Costs.--In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in training covered by this 
     section. Any such reimbursement shall not be considered 
     compensation for purposes of rendering such a first responder 
     an employee under the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.).
       ``(e) Assistance Requirement.--The Secretary may not 
     request that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary undertakes to pay the costs 
     directly attributable to transporting and operating such 
     equipment during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination thereof, by not later than the 
     end of the 45-day period beginning on the date the grant 
     recipient receives the grant funds.
       ``(2) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds pursuant to paragraph (1).
       ``(3) Quarterly report on homeland security spending.--Each 
     recipient of a covered grant shall submit a quarterly report 
     to the Secretary not later than 30 days after the end of each 
     fiscal quarter. Each such report shall include, for each 
     recipient of a covered grant or a pass-through under 
     paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(4) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     fiscal year. Each recipient of a covered grant that is a 
     region shall simultaneously submit its report to each State 
     of which any part is included in the region. Each recipient 
     of a covered grant that is a directly eligible tribe shall 
     simultaneously submit its report to each State within the 
     boundaries of which any part of such tribe is located. Each 
     report shall include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(5) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (4) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(6) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (4) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office of State and Local Government 
     Coordination.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 1802(e)(5)(E) or paragraph (1) for an 
     additional 15-day period. The Secretary may approve such a 
     request, and may extend such period for additional 15-day 
     periods, if the Secretary determines that the resulting delay 
     in providing grant funding to the local government entities 
     that will receive funding under the grant will not have a 
     significant detrimental impact on such entities' terrorism 
     preparedness efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraph 
     (B).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.

[[Page S8087]]

       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress by December 31 of each year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established under 
     section 1803(a) as a result of the expenditure of covered 
     grant funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established under section 1803(a).''.
       (b) Sense of Congress Regarding Interoperable 
     Communications.--
       (1) Finding.--Congress finds that--
       (A) many emergency response providers (as defined under 
     section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
     101), as amended by this title) working in the same 
     jurisdiction or in different jurisdictions cannot effectively 
     and efficiently communicate with one another; and
       (B) their inability to do so threatens the public's safety 
     and may result in unnecessary loss of lives and property.
       (2) Sense of congress.--It is the sense of Congress that 
     interoperable emergency communications systems and radios 
     should continue to be deployed as soon as practicable for use 
     by the emergency response provider community, and that 
     upgraded and new digital communications systems and new 
     digital radios must meet prevailing national voluntary 
     consensus standards for interoperability.
       (c) Sense of Congress Regarding Citizen Corps Councils.--
       (1) Finding.--Congress finds that Citizen Corps councils 
     help to enhance local citizen participation in terrorism 
     preparedness by coordinating multiple Citizen Corps programs, 
     developing community action plans, assessing possible 
     threats, and identifying local resources.
       (2) Sense of congress.--It is the sense of Congress that 
     individual Citizen Corps councils should seek to enhance the 
     preparedness and response capabilities of all organizations 
     participating in the councils, including by providing funding 
     to as many of their participating organizations as 
     practicable to promote local terrorism preparedness programs.
       (d) Required Coordination.--The Secretary of Homeland 
     Security shall ensure that there is effective and ongoing 
     coordination of Federal efforts to prevent, prepare for, and 
     respond to acts of terrorism and other major disasters and 
     emergencies among the divisions of the Department of Homeland 
     Security, including the Directorate of Emergency Preparedness 
     and Response and the Office for State and Local Government 
     Coordination and Preparedness.
       (e) Coordination of Industry Efforts.--Section 102(f) of 
     the Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 112(f)) is amended by striking ``and'' after the 
     semicolon at the end of paragraph (6), by striking the period 
     at the end of paragraph (7) and inserting ``; and'', and by 
     adding at the end the following:
       ``(8) coordinating industry efforts, with respect to 
     functions of the Department of Homeland Security, to identify 
     private sector resources and capabilities that could be 
     effective in supplementing Federal, State, and local 
     government agency efforts to prevent or respond to a 
     terrorist attack.''.
       (f) Study Regarding Nationwide Emergency Notification 
     System.--
       (1) Study.--The Secretary of Homeland Security, in 
     consultation with the heads of other appropriate Federal 
     agencies and representatives of providers and participants in 
     the telecommunications industry, shall conduct a study to 
     determine whether it is cost effective, efficient, and 
     feasible to establish and implement an emergency telephonic 
     alert notification system that will--
       (A) alert persons in the United States of imminent or 
     current hazardous events caused by acts of terrorism; and
       (B) provide information to individuals regarding 
     appropriate measures that may be undertaken to alleviate or 
     minimize threats to their safety and welfare posed by such 
     events.
       (2) Technologies to consider.--In conducting the study 
     under paragraph (1), the Secretary shall consider the use of 
     the telephone, wireless communications, and other existing 
     communications networks to provide such notification.
       (3) Report.--Not later than 9 months after the date of 
     enactment of this title, the Secretary shall submit to 
     Congress a report regarding the conclusions of the study 
     conducted under paragraph (1).
       (g) Study of Expansion of Area of Jurisdiction of Office of 
     National Capital Region Coordination.--
       (1) Study.--The Secretary of Homeland Security, acting 
     through the Director of the Office of National Capital Region 
     Coordination, shall conduct a study of the feasibility and 
     desirability of modifying the definition of ``National 
     Capital Region'' applicable under section 882 of the Homeland 
     Security Act of 2002 to expand the geographic area under the 
     jurisdiction of the Office of National Capital Region 
     Coordination.
       (2) Factors.--In conducting the study under paragraph (1), 
     the Secretary shall analyze whether expanding the geographic 
     area under the jurisdiction of the Office of National Region 
     Coordination will--
       (A) promote coordination among State and local governments 
     within the Region, including regional governing bodies, and 
     coordination of the efforts of first responders; and
       (B) enhance the ability of such State and local governments 
     and the Federal Government to prevent and respond to a 
     terrorist attack within the Region.
       (3) Report.--Not later than 6 months after the date of the 
     enactment of this title, the Secretary shall submit a report 
     to Congress on the study conducted under paragraph (1), and 
     shall include in the report such recommendations (including 
     recommendations for legislation to amend section 882 of the 
     Homeland Security Act of 2002) as the Secretary considers 
     appropriate.

     SEC. 605. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

       (a) Technical and Conforming Amendment.--Section 1014 of 
     the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
       (1) by striking subsection (c)(3);
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Administration.--Grants under this section shall be 
     administered in accordance with title 18 of the Homeland 
     Security Act of 2002.''.
       (b) Temporary Limitations on Application.--
       (1) 1-year delay in application.--The following provisions 
     of title XVIII of the Homeland Security Act of 2002, as added 
     by this title, shall not apply during the 1-year period 
     beginning on the date of enactment of this title--
       (A) subsections (b), (c), and (e)(4) (A) and (B) of section 
     1802; and
       (B) in section 1802(f)(3)(A)(i), the phrase ``by achieving, 
     maintaining, or enhancing the essential capabilities of the 
     applicants on a nationwide basis,''.
       (2) 2-year delay in application.--The following provisions 
     of title XVIII of the Homeland Security Act of 2002, as added 
     by this title, shall not apply during the 2-year period 
     beginning on the date of enactment of this title--
       (A) subparagraphs (D) and (E) of section 1806(g)(4); and
       (B) section 1806(i)(3).
       (c) Definitions.--
       (1) Title xviii.--The Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 361 et seq.), as amended by sections 
     602, 603, and 604, is amended by adding at the end the 
     following:

     ``SEC. 1807. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the Homeland Security 
     Grants Board established under section 1802(f).
       ``(2) Consequence.--The term `consequence' means the 
     assessment of the effect of a completed attack.
       ``(3) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 1801(b).
       ``(4) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for self-governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to 1 of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(5) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second-highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(6) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).
       ``(7) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, and respond to acts of 
     terrorism consistent with established practices.
       ``(8) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider' under section 2.

[[Page S8088]]

       ``(9) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(10) Region.--The term `region' means any geographic 
     area--
       ``(A) certified by the Secretary under section 1802(a)(3);
       ``(B) consisting of all or parts of 2 or more counties, 
     municipalities, or other local governments and including a 
     city with a core population exceeding 500,000 according to 
     the most recent estimate available from the United States 
     Census; and
       ``(C) that, for purposes of an application for a covered 
     grant--
       ``(i) is represented by 1 or more local governments or 
     governmental agencies within such geographic area; and
       ``(ii) is established by law or by agreement of 2 or more 
     such local governments or governmental agencies, such as 
     through a mutual aid agreement.
       ``(11) Risk-based funding.--The term `risk-based funding' 
     means the allocation of funds based on an assessment of 
     threat, vulnerability, and consequence.
       ``(12) Task force.--The term `Task Force' means the Task 
     Force on Essential Capabilities established under section 
     1804.
       ``(13) Threat.--The term `threat' means the assessment of 
     the plans, intentions, and capability of an adversary to 
     implement an identified attack scenario.
       ``(14) Vulnerability.--The term `vulnerability' means the 
     degree to which a facility is available or accessible to an 
     attack, including the degree to which the facility is 
     inherently secure or has been hardened against such an 
     attack.''.
       (2) Definition of emergency response providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (Public 
     Law 107-296; 6 U.S.C. 101(6)) is amended by striking 
     ``includes'' and all that follows and inserting ``includes 
     Federal, State, and local governmental and nongovernmental 
     emergency public safety, law enforcement, fire, emergency 
     response, emergency medical (including hospital emergency 
     facilities), and related personnel, organizations, agencies, 
     and authorities.''.
       (d) Table of Contents.--Section 1(b) of the Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 note) 
     is amended in the table of contents by adding at the end the 
     following:

        ``TITLE XVIII--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 1801. Risk-based funding for homeland security.
``Sec. 1802. Covered grant eligibility and criteria.
``Sec. 1803. Essential capabilities for homeland security.
``Sec. 1804. Task Force on Essential Capabilities.
``Sec. 1805. National standards for first responder equipment and 
              training.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. Definitions.''.

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