[Congressional Record Volume 153, Number 38 (Tuesday, March 6, 2007)]
[Senate]
[Pages S2724-S2741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA. 349. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to be on the table; as follows:

       On page 237, strike line 16 and all that follows through 
     page 239, line 4, and insert the following:
       (c) National Intelligence Program Defined.--In this 
     section, the term ``National Intelligence Program'' has the 
     meaning given that term in section 3(6) of the National 
     Security Act of 1947 (50 U.S.C. 401a(6)).
                                 ______
                                 
  SA. 350. Mr. BOND (for himself and Mr. Rockefeller) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to be on the table; as follows:

       On page 239, line 15, insert ``(1)'' after ``Requests of 
     Committees.--''.
       On page 239, line 19, strike ``15 days'' and insert ``30 
     days''.
       On page 239, beginning on line 22, strike ``the Permanent'' 
     and all that follows through ``information relates'' on page 
     240, line 1, and insert ``or the Permanent Select Committee 
     on Intelligence of the House of Representatives''.
       On page 240, between lines 3 and 4, insert the following:
       ``(2) A committee making a request under paragraph (1) may 
     specify a greater number of days for submittal to such 
     committee of information in response to such request than is 
     otherwise provided for under that paragraph.
                                 ______
                                 
  SA. 351. Mr. INOUYE (for himself and Mr. Stevens) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to be on the table; as follows:

       On page 4, strike the item relating to section 1366 and 
     insert the following:

Sec. 1366. In-line baggage system deployment.

       On page 5, after the item relating to section 1376, insert 
     the following:

Sec. 1377. Model ports-of-entry.
Sec. 1378. Law enforcement biometric credential.
Sec. 1379. International registered traveler program.
Sec. 1380. Employee retention internship program.

       On page 5, strike the items relating to sections 1381 
     through 1384 and insert the following:


[[Page S2725]]


Sec. 1391. Interoperable emergency communications.
Sec. 1392. Rule of construction.
Sec. 1393. Cross border interoperability reports.
Sec. 1394. Extension of short quorum.

       On page 330, beginning in line 7, strike ``paragraph (2);'' 
     and insert ``subsection (g);''.
       On page 332, strike lines 21 and 22 and insert the 
     following:

     SEC. 1366. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

       On page 337, line 5, strike ``fully implement'' and insert 
     ``begin full implementation of''.
       On page 342, line 9, strike ``47135(m));'' and insert 
     ``47134(m));''
       On page 342, line 21, strike ``47135(m)).'' and insert 
     ``47134(m)).''
       On page 343, beginning in line 9, strike ``to the 
     Transportation Security Administration before entering United 
     States airspace; and'' and insert ``at the same time as, and 
     in conjunction with, advance notification requirements for 
     Customs and Border Protection before entering United States 
     airspace; and''.
       On page 344, beginning with line 14, strike through line 12 
     on page 345 and insert the following:

     SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING 
                   CENTER.

       (a) In General.--
       (1) Increased training capacity.--Within 180 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall begin to increase the capacity of the 
     Department of Homeland Security's National Explosives 
     Detection Canine Team Program at Lackland Air Force Base to 
     accommodate the training of up to 200 canine teams annually 
     by the end of calendar year 2008.
       (2) Expansion detailed requirements.--The expansion shall 
     include upgrading existing facilities, procurement of 
     additional canines, and increasing staffing and oversight 
     commensurate with the increased training and deployment 
     capabilities required by paragraph (1).
       (3) Ultimate expansion.--The Secretary shall continue to 
     increase the training capacity and all other necessary 
     program expansions so that by December 31, 2009, the number 
     of canine teams sufficient to meet the Secretary's homeland 
     security mission, as determined by the Secretary on an annual 
     basis, may be trained at this facility.
       (b) Alternative training centers.--Based on feasibility and 
     to meet the ongoing demand for quality explosives detection 
     canines teams, the Secretary shall explore the options of 
     creating the following:
       (1) A standardized Transportation Security Administration 
     approved canine program that private sector entities could 
     use to provide training for additional explosives detection 
     canine teams. For any such program, the Secretary--
       (A) may coordinate with key stakeholders, including 
     international, Federal, State, local, private sector and 
     academic entities, to develop best practice guidelines for 
     such a standardized program;
       (B) shall require specific training criteria to which 
     private sector entities must adhere as a condition of 
     participating in the program; and
       (C) shall review the status of these private sector 
     programs on at least an annual basis.
       (2) Expansion of explosives detection canine team training 
     to at least 2 additional national training centers, to be 
     modeled after the Center of Excellence established at 
     Lackland Air Force Base.
       (c ) Deployment.--The Secretary--
       (1) shall use the additional explosives detection canine 
     teams as part of the Department's layers of enhanced mobile 
     security across the Nation's transportation network and to 
     support other homeland security programs, as deemed 
     appropriate by the Secretary; and
       (2) may make available explosives detection canine teams to 
     all modes of transportation, for areas of high risk or to 
     address specific threats, on an as-needed basis and as 
     otherwise deemed appropriate by the Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 1377. MODEL PORTS-OF-ENTRY.

       (a) In General.--The Secretary of Homeland Security shall--
       (1) establish a model ports-of-entry program for the 
     purpose of providing a more efficient and courteous 
     international visitor screening process in order to 
     facilitate and promote travel to the United States; and
       (2) implement the program initially at the 12 United States 
     international airports with the greatest average annual 
     number of arriving foreign visitors.
       (b) Program Elements.--The program shall include--
       (1) enhanced queue management in the Federal Inspection 
     Services area leading up to primary inspection;
       (2) customer service training for Customs and Border 
     Protection officers (including training in greeting arriving 
     visitors) developed in consultation with the Department of 
     Commerce and the United States Travel and Tourism Advisory 
     Board, customer service ratings for such officers' periodic 
     or annual reviews, and a requirement that officers provide a 
     self-addressed, postpaid customer comment form; and
       (3) instructional videos, in English and such other 
     languages as the Secretary determines appropriate, in the 
     Federal Inspection Services area that explain the United 
     States inspection process and feature national, regional, or 
     local welcome videos.
       (c) Additional Customs and Border Patrol Officers for High 
     Volume Ports.--Before the end of fiscal year 2008, the 
     Secretary of Homeland Security shall employ an additional 200 
     Customs and Border Protection officers to address staff 
     shortages at the 12 busiest international gateway airports in 
     the United States.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security such 
     sums as may be necessary to carry out this section.

     SEC. 1378. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

       (a) In General.--Paragraph (6) of section 44903(h) of title 
     49, United States Code, is amended to read as follows:
       ``(6) Use of biometric technology for armed law enforcement 
     travel.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Improving America's Security Act of 2007, 
     the Secretary of Homeland Security shall--
       ``(i) consult with the Attorney General concerning 
     implementation of this paragraph;
       ``(ii) issue any necessary rulemaking to implement this 
     paragraph; and
       ``(iii) establishing a national registered armed law 
     enforcement program for law enforcement officers needing to 
     be armed when traveling by air.
       ``(B) Program requirements.--The program shall--
       ``(i) establish a credential or a system that incorporates 
     biometric technology and other applicable technologies;
       ``(ii) provide a flexible solution for law enforcement 
     officers who need to be armed when traveling by air on a 
     regular basis and for those who need to be armed during 
     temporary travel assignments;
       ``(iii) be coordinated with other uniform credentialing 
     initiatives including the Homeland Security Presidential 
     Directive 12;
       ``(iv) be applicable for all Federal, State, local, tribal 
     and territorial government law enforcement agencies; and
       ``(v) establish a process by which the travel credential or 
     system may be used to verify the identity, using biometric 
     technology, of a Federal, State, local, tribal, or 
     territorial law enforcement officer seeking to carry a weapon 
     on board an aircraft, without unnecessarily disclosing to the 
     public that the individual is a law enforcement officer.
       ``(C) Procedures.--In establishing the program, the 
     Secretary shall develop procedures--
       ``(i) to ensure that only Federal, State, local, tribal, 
     and territorial government law enforcement officers with a 
     specific need to be armed when traveling by air are issued a 
     law enforcement travel credential;
       ``(II) to preserve the anonymity of the armed law 
     enforcement officer without calling undue attention to the 
     individual's identity;
       ``(iii) to resolve failures to enroll, false matches, and 
     false non-matches relating to use of the law enforcement 
     travel credential or system; and
       ``(iv) to invalidate any law enforcement travel credential 
     or system that is lost, stolen, or no longer authorized for 
     use.
       ``(D) Funding.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     paragraph.''.
       (b) Report.--Within 180 days after implementing the 
     national registered armed law enforcement program required by 
     section 44903(h)(6) of title 49, United States Code, the 
     Secretary of Homeland Security shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation. If 
     the Secretary has not implemented the program within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     issue a report to the Committee within 180 days explaining 
     the reasons for the failure to implement the program within 
     the time required by that section, and a further report 
     within each successive 180-day period until the program is 
     implemented explaining the reasons for such further delays in 
     implementation until the program is implemented. The 
     Secretary shall submit each report required by this 
     subsection in classified format.

     SEC. 1379. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       (a) In General.--Section 7208(k)(3) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
     1365b(k)(3)) is amended to read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports,and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US VISIT program, other pre-screening initiatives, and 
     the visa waiver program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     and may modify the fee from time to time. The fee may not 
     exceed

[[Page S2726]]

     the aggregate costs associated with the program and shall be 
     credited to the Department of Homeland Security for purposes 
     of carrying out the program. Amounts so credited shall remain 
     available until expended.
       ``(C) Rulemaking.--Within 180 days after the date of 
     enactment of the Improving America's Security Act of 2007, 
     the Secretary shall initiate a rulemaking to establish the 
     program, criteria for participation, and the fee for the 
     program.
       ``(D) Implementation.--Not later than 1 year after the date 
     of enactment of the Improving America's Security Act of 2007, 
     the Secretary shall establish a phased-implementation of a 
     biometric-based international registered traveler program in 
     conjunction with the US VISIT entry and exit system, other 
     pre-screening initiatives, and the visa waiver program within 
     the Department of Homeland Security at United States airports 
     with the highest volume of international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.
       ``(F) Technologies.--The Secretary shall coordinate with 
     the Secretary of State to define a schedule for their 
     respective departments for the deployment of appropriate 
     technologies to begin capturing applicable and sufficient 
     biometrics from visa applicants and individuals seeking 
     admission to the United States, if such visa applicant or 
     individual has not previously provided such information, at 
     each consular location and port of entry. The Secretary of 
     Homeland Security shall also coordinate with the Secretary of 
     State regarding the feasibility of allowing visa applicants 
     or individuals to enroll in the International Registered 
     Traveler program at consular offices.''.

     SEC. 1380. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

       The Assistant Secretary of Homeland Security 
     (Transportation Security Administration), shall establish a 
     pilot program at a small hub airport, a medium hub airport, 
     and a large hub airport (as those terms are defined in 
     paragraphs (42), (31), and (29), respectively, of section 
     40102 of title 49, United States Code) for training students 
     to perform screening of passengers and property under section 
     44901 of title 49, United States Code. The program shall be 
     an internship for pre-employment training of final-year 
     students from public and private secondary schools located in 
     nearby communities. Under the program, participants shall 
     be--
       (1) compensated for training and services time while 
     participating in the program: and
       (2) required to agree, as a condition of participation in 
     the program, to accept employment as a screener upon 
     successful completion of the internship and upon graduation 
     from the secondary school.
       On page 345, strike lines 15 and 16, and insert the 
     following:

     SEC. 1391. INTEROPERABLE EMERGENCY COMMUNICATIONS.

       On page 358, strike line 19 and insert the following:

     SEC. 1392. RULE OF CONSTRUCTION.

       On page 359, strike line 7 and insert the following:

     SEC. 1393. CROSS BORDER INTEROPERABILITY REPORTS.

       On page 361, strike line 14 and insert the following:

     SEC. 1394. EXTENSION OF SHORT QUORUM.

                                 ______
                                 
  SA 352. Mr. MENENDEZ proposed an amendment to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; as follows:

       On page 219, between lines 7 and 8, insert the following:

     SEC. 804. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall develop an 
     initial plan to scan 100 percent of the cargo containers 
     destined for the United States before such containers arrive 
     in the United States.
       (b) Plan Contents.--The plan developed under this section 
     shall include--
       (1) specific annual benchmarks for--
       (A) the percentage of cargo containers destined for the 
     United States that are scanned at a foreign port; and
       (B) the percentage of cargo containers originating in the 
     United States and destined for a foreign port that are 
     scanned in a port in the United States before leaving the 
     United States;
       (2) annual increases in the benchmarks described in 
     paragraph (1) until 100 percent of the cargo containers 
     destined for the United States are scanned before arriving in 
     the United States;
       (3) the use of existing programs, including the Container 
     Security Initiative established by section 205 of the 
     Security and Accountability For Every Port Act of 2006 (6 
     U.S.C. 945) and the Customs-Trade Partnership Against 
     Terrorism established by subtitle B of title II of such Act 
     (6 U.S.C. 961 et seq.), to reach the benchmarks described in 
     paragraph (1); and
       (4) the use of scanning equipment, personnel, and 
     technology to reach the goal of 100 percent scanning of cargo 
     containers.
                                 ______
                                 
  SA 353. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to be on 
the table; as follows:

       On page 150, line 10, after ``section 1016'' insert ``and 
     information use, collection, storage, and disclosure''.
                                 ______
                                 
  SA 354. Mr. LIEBERMAN (for Mr. Menendez) proposed an amendment to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to be on the table; as follows:

       On page 219, between lines 7 and 8, insert the following:

     SEC. 804. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

       Section 232(c) of the Security and Accountability For Every 
     Port Act (6 U.S.C. 982(c)) is amended--
       (1) by striking ``Not later'' and inserting the following:
       ``(1) In general.--Not later''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) Plan for 100 percent scanning of cargo containers.--
       ``(A) In general.--The first report under paragraph (1) 
     shall include an initial plan to scan 100 percent of the 
     cargo containers destined for the United States before such 
     containers arrive in the United States.
       ``(B) Plan contents.--The plan under paragraph (A) shall 
     include--
       ``(i) specific annual benchmarks for the percentage of 
     cargo containers destined for the United States that are 
     scanned at a foreign port;
       ``(ii) annual increases in the benchmarks described in 
     clause (i) until 100 percent of the cargo containers destined 
     for the United States are scanned before arriving in the 
     United States;
       ``(iii) the use of existing programs, including the 
     Container Security Initiative established by section 205 and 
     the Customs-Trade Partnership Against Terrorism established 
     by subtitle B, to reach the benchmarks described in clause 
     (i); and
       ``(iv) the use of scanning equipment, personnel, and 
     technology to reach the goal of 100 percent scanning of cargo 
     containers.
       ``(C) Subsequent reports.--Each report under paragraph (1) 
     after the intial report shall include an assessment of the 
     progress toward implementing the plan under subparagraph 
     (A).''.
                                 ______
                                 
  SA 355. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 111, line 10, before the semicolon insert 
     ``regarding equipment and software''.
       On page 113, between lines 23 and 24, insert the following:
       ``(G) the extent to which a grant would minimize the need 
     for local government agencies to replace communications 
     equipment;
       On page 122, between lines 20 and 21, insert the following:
       (d) SAFECOM.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary shall revise the 
     recommended grant guidance for emergency response 
     communications and interoperability grants under the SAFECOM 
     Program of the Department to ensure that it--
       (1) is technology neutral;
       (2) supports a system-of-systems approach; and
       (3) is representative of open-standards based software and 
     equipment.
       (e) Evaluation of Department of Defense Communications 
     Systems.--Section 1803(d) of the Homeland Security Act of 
     2002 (6 U.S.C. 573(d)) is amended by striking paragraph (4) 
     and inserting the following:
       ``(4) a list of best practices relating to the ability to 
     continue to communicate and to

[[Page S2727]]

     provide and maintain interoperable emergency communications 
     in the event of natural disasters, acts of terrorism, or 
     other man-made disasters, including--
       ``(A) an evaluation, in consultation with the Secretary of 
     Defense, of technological approaches used by the Armed Forces 
     of the United States to achieve interoperable communications 
     and the applicability of such approaches to addressing the 
     interoperable emergency communications needs of Federal 
     agencies and State, local, and tribal governments; and
       ``(B) an evaluation of the feasibility and desirability of 
     the Department developing, on its own or in conjunction with 
     the Department of Defense, a mobile communications 
     capability, modeled on the Army Signal Corps, that could be 
     deployed to support emergency communications at the site of 
     natural disasters, acts of terrorism, or other man-made 
     disasters.''.
       On page 124, line 7, after ``equipment'' insert ``and 
     software''.
       On page 124, line 8, after ``identity'' insert ``equipment 
     and software''.
       On page 124, line 14, after ``training'' insert ``, 
     software,''.
       On page 124, line 18, after ``equipment'' insert ``and 
     software''.
                                 ______
                                 
  SA 356. Ms. SNOWE (for herself and Mr. Rockefeller) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

       (a) Establishment.--(1) Title I of the National Security 
     Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting 
     after section 103G the following new section:


           ``INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY

       ``Sec. 103H.  (a) Office of Inspector General of 
     Intelligence Community.--There is within the Office of the 
     Director of National Intelligence an Office of the Inspector 
     General of the Intelligence Community.
       ``(b) Purpose.--The purpose of the Office of the Inspector 
     General of the Intelligence Community is to--
       ``(1) create an objective and effective office, 
     appropriately accountable to Congress, to initiate and 
     conduct independently investigations, inspections, and audits 
     relating to--
       ``(A) the programs and operations of the intelligence 
     community;
       ``(B) the elements of the intelligence community within the 
     National Intelligence Program; and
       ``(C) the relationships between the elements of the 
     intelligence community within the National Intelligence 
     Program and the other elements of the intelligence community;
       ``(2) recommend policies designed--
       ``(A) to promote economy, efficiency, and effectiveness in 
     the administration and implementation of such programs and 
     operations, and in such relationships; and
       ``(B) to prevent and detect fraud and abuse in such 
     programs, operations, and relationships;
       ``(3) provide a means for keeping the Director of National 
     Intelligence fully and currently informed about--
       ``(A) problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions; and
       ``(4) in the manner prescribed by this section, ensure that 
     the congressional intelligence committees are kept similarly 
     informed of--
       ``(A) significant problems and deficiencies relating to the 
     administration and implementation of such programs and 
     operations, and to such relationships; and
       ``(B) the necessity for, and the progress of, corrective 
     actions.
       ``(c) Inspector General of Intelligence Community.--(1) 
     There is an Inspector General of the Intelligence Community, 
     who shall be the head of the Office of the Inspector General 
     of the Intelligence Community, who shall be appointed by the 
     President, by and with the advice and consent of the Senate.
       ``(2) The nomination of an individual for appointment as 
     Inspector General shall be made--
       ``(A) without regard to political affiliation;
       ``(B) solely on the basis of integrity, compliance with the 
     security standards of the intelligence community, and prior 
     experience in the field of intelligence or national security; 
     and
       ``(C) on the basis of demonstrated ability in accounting, 
     financial analysis, law, management analysis, public 
     administration, or auditing.
       ``(3) The Inspector General shall report directly to and be 
     under the general supervision of the Director of National 
     Intelligence.
       ``(4) The Inspector General may be removed from office only 
     by the President. The President shall immediately communicate 
     in writing to the congressional intelligence committees the 
     reasons for the removal of any individual from the position 
     of Inspector General.
       ``(d) Duties and Responsibilities.--Subject to subsections 
     (g) and (h), it shall be the duty and responsibility of the 
     Inspector General of the Intelligence Community--
       ``(1) to provide policy direction for, and to plan, 
     conduct, supervise, and coordinate independently, the 
     investigations, inspections, and audits relating to the 
     programs and operations of the intelligence community, the 
     elements of the intelligence community within the National 
     Intelligence Program, and the relationships between the 
     elements of the intelligence community within the National 
     Intelligence Program and the other elements of the 
     intelligence community to ensure they are conducted 
     efficiently and in accordance with applicable law and 
     regulations;
       ``(2) to keep the Director of National Intelligence fully 
     and currently informed concerning violations of law and 
     regulations, violations of civil liberties and privacy, and 
     fraud and other serious problems, abuses, and deficiencies 
     that may occur in such programs and operations, and in such 
     relationships, and to report the progress made in 
     implementing corrective action;
       ``(3) to take due regard for the protection of intelligence 
     sources and methods in the preparation of all reports issued 
     by the Inspector General, and, to the extent consistent with 
     the purpose and objective of such reports, take such measures 
     as may be appropriate to minimize the disclosure of 
     intelligence sources and methods described in such reports; 
     and
       ``(4) in the execution of the duties and responsibilities 
     under this section, to comply with generally accepted 
     government auditing standards.
       ``(e) Limitations on Activities.--(1) The Director of 
     National Intelligence may prohibit the Inspector General of 
     the Intelligence Community from initiating, carrying out, or 
     completing any investigation, inspection, or audit if the 
     Director determines that such prohibition is necessary to 
     protect vital national security interests of the United 
     States.
       ``(2) If the Director exercises the authority under 
     paragraph (1), the Director shall submit an appropriately 
     classified statement of the reasons for the exercise of such 
     authority within seven days to the congressional intelligence 
     committees.
       ``(3) The Director shall advise the Inspector General at 
     the time a report under paragraph (2) is submitted, and, to 
     the extent consistent with the protection of intelligence 
     sources and methods, provide the Inspector General with a 
     copy of such report.
       ``(4) The Inspector General may submit to the congressional 
     intelligence committees any comments on a report of which the 
     Inspector General has notice under paragraph (3) that the 
     Inspector General considers appropriate.
       ``(f) Authorities.--(1) The Inspector General of the 
     Intelligence Community shall have direct and prompt access to 
     the Director of National Intelligence when necessary for any 
     purpose pertaining to the performance of the duties of the 
     Inspector General.
       ``(2)(A) The Inspector General shall have access to any 
     employee, or any employee of a contractor, of any element of 
     the intelligence community whose testimony is needed for the 
     performance of the duties of the Inspector General.
       ``(B) The Inspector General shall have direct access to all 
     records, reports, audits, reviews, documents, papers, 
     recommendations, or other material which relate to the 
     programs and operations with respect to which the Inspector 
     General has responsibilities under this section.
       ``(C) The level of classification or compartmentation of 
     information shall not, in and of itself, provide a sufficient 
     rationale for denying the Inspector General access to any 
     materials under subparagraph (B).
       ``(D) Failure on the part of any employee, or any employee 
     of a contractor, of any element of the intelligence community 
     to cooperate with the Inspector General shall be grounds for 
     appropriate administrative actions by the Director or, on the 
     recommendation of the Director, other appropriate officials 
     of the intelligence community, including loss of employment 
     or the termination of an existing contractual relationship.
       ``(3) The Inspector General is authorized to receive and 
     investigate complaints or information from any person 
     concerning the existence of an activity constituting a 
     violation of laws, rules, or regulations, or mismanagement, 
     gross waste of funds, abuse of authority, or a substantial 
     and specific danger to the public health and safety. Once 
     such complaint or information has been received from an 
     employee of the Federal Government--
       ``(A) the Inspector General shall not disclose the identity 
     of the employee without the consent of the employee, unless 
     the Inspector General determines that such disclosure is 
     unavoidable during the course of the investigation or the 
     disclosure is made to an official of the Department of 
     Justice responsible for determining whether a prosecution 
     should be undertaken; and
       ``(B) no action constituting a reprisal, or threat of 
     reprisal, for making such complaint may be taken by any 
     employee in a position to take such actions, unless the

[[Page S2728]]

     complaint was made or the information was disclosed with the 
     knowledge that it was false or with willful disregard for its 
     truth or falsity.
       ``(4) The Inspector General shall have authority to 
     administer to or take from any person an oath, affirmation, 
     or affidavit, whenever necessary in the performance of the 
     duties of the Inspector General, which oath, affirmation, or 
     affidavit when administered or taken by or before an employee 
     of the Office of the Inspector General of the Intelligence 
     Community designated by the Inspector General shall have the 
     same force and effect as if administered or taken by or 
     before an officer having a seal.
       ``(5)(A) Except as provided in subparagraph (B), the 
     Inspector General is authorized to require by subpoena the 
     production of all information, documents, reports, answers, 
     records, accounts, papers, and other data and documentary 
     evidence necessary in the performance of the duties and 
     responsibilities of the Inspector General.
       ``(B) In the case of departments, agencies, and other 
     elements of the United States Government, the Inspector 
     General shall obtain information, documents, reports, 
     answers, records, accounts, papers, and other data and 
     evidence for the purpose specified in subparagraph (A) using 
     procedures other than by subpoenas.
       ``(C) The Inspector General may not issue a subpoena for or 
     on behalf of any other element of the intelligence community, 
     including the Office of the Director of National 
     Intelligence.
       ``(D) In the case of contumacy or refusal to obey a 
     subpoena issued under this paragraph, the subpoena shall be 
     enforceable by order of any appropriate district court of the 
     United States.
       ``(g) Coordination Among Inspectors General of Intelligence 
     Community.--(1) In the event of a matter within the 
     jurisdiction of the Inspector General of the Intelligence 
     Community that may be subject to an investigation, 
     inspection, or audit by both the Inspector General of the 
     Intelligence Community and an Inspector General, whether 
     statutory or administrative, with oversight responsibility 
     for an element or elements of the intelligence community, the 
     Inspector General of the Intelligence Community and such 
     other Inspector or Inspectors General shall expeditiously 
     resolve which Inspector General shall conduct such 
     investigation, inspection, or audit.
       ``(2) The Inspector General conducting an investigation, 
     inspection, or audit covered by paragraph (1) shall submit 
     the results of such investigation, inspection, or audit to 
     any other Inspector General, including the Inspector General 
     of the Intelligence Community, with jurisdiction to conduct 
     such investigation, inspection, or audit who did not conduct 
     such investigation, inspection, or audit.
       ``(3)(A) If an investigation, inspection, or audit covered 
     by paragraph (1) is conducted by an Inspector General other 
     than the Inspector General of the Intelligence Community, the 
     Inspector General of the Intelligence Community may, upon 
     completion of such investigation, inspection, or audit by 
     such other Inspector General, conduct under this section a 
     separate investigation, inspection, or audit of the matter 
     concerned if the Inspector General of the Intelligence 
     Community determines that such initial investigation, 
     inspection, or audit was deficient in some manner or that 
     further investigation, inspection, or audit is required.
       ``(B) This paragraph shall not apply to the Inspector 
     General of the Department of Defense or to any other 
     Inspector General within the Department of Defense.
       ``(h) Staff and Other Support.--(1) The Inspector General 
     of the Intelligence Community shall be provided with 
     appropriate and adequate office space at central and field 
     office locations, together with such equipment, office 
     supplies, maintenance services, and communications facilities 
     and services as may be necessary for the operation of such 
     offices.
       ``(2)(A) Subject to applicable law and the policies of the 
     Director of National Intelligence, the Inspector General 
     shall select, appoint, and employ such officers and employees 
     as may be necessary to carry out the functions of the 
     Inspector General. The Inspector General shall ensure that 
     any officer or employee so selected, appointed, or employed 
     has security clearances appropriate for the assigned duties 
     of such officer or employee.
       ``(B) In making selections under subparagraph (A), the 
     Inspector General shall ensure that such officers and 
     employees have the requisite training and experience to 
     enable the Inspector General to carry out the duties of the 
     Inspector General effectively.
       ``(C) In meeting the requirements of this paragraph, the 
     Inspector General shall create within the Office of the 
     Inspector General of the Intelligence Community a career 
     cadre of sufficient size to provide appropriate continuity 
     and objectivity needed for the effective performance of the 
     duties of the Inspector General.
       ``(3)(A) Subject to the concurrence of the Director, the 
     Inspector General may request such information or assistance 
     as may be necessary for carrying out the duties and 
     responsibilities of the Inspector General from any 
     department, agency, or other element of the United States 
     Government.
       ``(B) Upon request of the Inspector General for information 
     or assistance under subparagraph (A), the head of the 
     department, agency, or element concerned shall, insofar as is 
     practicable and not in contravention of any existing 
     statutory restriction or regulation of the department, 
     agency, or element, furnish to the Inspector General, or to 
     an authorized designee, such information or assistance.
       ``(C) The Inspector General of the Intelligence Community 
     may, upon reasonable notice to the head of any element of the 
     intelligence community, conduct, as authorized by this 
     section, an investigation, inspection, or audit of such 
     element and may enter into any place occupied by such element 
     for purposes of the performance of the duties of the 
     Inspector General.
       ``(i) Reports.--(1)(A) The Inspector General of the 
     Intelligence Community shall, not later than January 31 and 
     July 31 of each year, prepare and submit to the Director of 
     National Intelligence a classified, and, as appropriate, 
     unclassified semiannual report summarizing the activities of 
     the Office of the Inspector General of the Intelligence 
     Community during the immediately preceding 6-month periods 
     ending December 31 (of the preceding year) and June 30, 
     respectively.
       ``(B) Each report under this paragraph shall include, at a 
     minimum, the following:
       ``(i) A list of the title or subject of each investigation, 
     inspection, or audit conducted during the period covered by 
     such report, including a summary of the progress of each 
     particular investigation, inspection, or audit since the 
     preceding report of the Inspector General under this 
     paragraph.
       ``(ii) A description of significant problems, abuses, and 
     deficiencies relating to the administration and 
     implementation of programs and operations of the intelligence 
     community, and in the relationships between elements of the 
     intelligence community, identified by the Inspector General 
     during the period covered by such report.
       ``(iii) A description of the recommendations for corrective 
     or disciplinary action made by the Inspector General during 
     the period covered by such report with respect to significant 
     problems, abuses, or deficiencies identified in clause (ii).
       ``(iv) A statement whether or not corrective or 
     disciplinary action has been completed on each significant 
     recommendation described in previous semiannual reports, and, 
     in a case where corrective action has been completed, a 
     description of such corrective action.
       ``(v) A certification whether or not the Inspector General 
     has had full and direct access to all information relevant to 
     the performance of the functions of the Inspector General.
       ``(vi) A description of the exercise of the subpoena 
     authority under subsection (f)(5) by the Inspector General 
     during the period covered by such report.
       ``(vii) Such recommendations as the Inspector General 
     considers appropriate for legislation to promote economy, 
     efficiency, and effectiveness in the administration and 
     implementation of programs and operations undertaken by the 
     intelligence community, and in the relationships between 
     elements of the intelligence community, and to detect and 
     eliminate fraud and abuse in such programs and operations and 
     in such relationships.
       ``(C) Not later than the 30 days after the date of receipt 
     of a report under subparagraph (A), the Director shall 
     transmit the report to the congressional intelligence 
     committees together with any comments the Director considers 
     appropriate.
       ``(2)(A) The Inspector General shall report immediately to 
     the Director whenever the Inspector General becomes aware of 
     particularly serious or flagrant problems, abuses, or 
     deficiencies relating to the administration and 
     implementation of programs or operations of the intelligence 
     community or in the relationships between elements of the 
     intelligence community.
       ``(B) The Director shall transmit to the congressional 
     intelligence committees each report under subparagraph (A) 
     within seven calendar days of receipt of such report, 
     together with such comments as the Director considers 
     appropriate.
       ``(3) In the event that--
       ``(A) the Inspector General is unable to resolve any 
     differences with the Director affecting the execution of the 
     duties or responsibilities of the Inspector General;
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General focuses on any current or former 
     intelligence community official who--
       ``(i) holds or held a position in an element of the 
     intelligence community that is subject to appointment by the 
     President, whether or not by and with the advice and consent 
     of the Senate, including such a position held on an acting 
     basis;
       ``(ii) holds or held a position in an element of the 
     intelligence community, including a position held on an 
     acting basis, that is appointed by the Director of National 
     Intelligence; or
       ``(iii) holds or held a position as head of an element of 
     the intelligence community or a position covered by 
     subsection (b) or (c) of section 106;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former official described in subparagraph (B);
       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any current or former official 
     described in subparagraph (B); or

[[Page S2729]]

       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately notify and submit a 
     report on such matter to the congressional intelligence 
     committees.
       ``(4) Pursuant to title V, the Director shall submit to the 
     congressional intelligence committees any report or findings 
     and recommendations of an investigation, inspection, or audit 
     conducted by the Office of the Inspector General which has 
     been requested by the Chairman or Vice Chairman or Ranking 
     Minority Member of either committee.
       ``(5)(A) An employee of an element of the intelligence 
     community, an employee assigned or detailed to an element of 
     the intelligence community, or an employee of a contractor to 
     the intelligence community who intends to report to Congress 
     a complaint or information with respect to an urgent concern 
     may report such complaint or information to the Inspector 
     General.
       ``(B) Not later than the end of the 14-calendar day period 
     beginning on the date of receipt from an employee of a 
     complaint or information under subparagraph (A), the 
     Inspector General shall determine whether the complaint or 
     information appears credible. Upon making such a 
     determination, the Inspector General shall transmit to the 
     Director a notice of that determination, together with the 
     complaint or information.
       ``(C) Upon receipt of a transmittal from the Inspector 
     General under subparagraph (B), the Director shall, within 
     seven calendar days of such receipt, forward such transmittal 
     to the congressional intelligence committees, together with 
     any comments the Director considers appropriate.
       ``(D)(i) If the Inspector General does not find credible 
     under subparagraph (B) a complaint or information submitted 
     under subparagraph (A), or does not transmit the complaint or 
     information to the Director in accurate form under 
     subparagraph (B), the employee (subject to clause (ii)) may 
     submit the complaint or information to Congress by contacting 
     either or both of the congressional intelligence committees 
     directly.
       ``(ii) An employee may contact the congressional 
     intelligence committees directly as described in clause (i) 
     only if the employee--
       ``(I) before making such a contact, furnishes to the 
     Director, through the Inspector General, a statement of the 
     employee's complaint or information and notice of the 
     employee's intent to contact the congressional intelligence 
     committees directly; and
       ``(II) obtains and follows from the Director, through the 
     Inspector General, direction on how to contact the 
     congressional intelligence committees in accordance with 
     appropriate security practices.
       ``(iii) A member or employee of one of the congressional 
     intelligence committees who receives a complaint or 
     information under clause (i) does so in that member or 
     employee's official capacity as a member or employee of such 
     committee.
       ``(E) The Inspector General shall notify an employee who 
     reports a complaint or information to the Inspector General 
     under this paragraph of each action taken under this 
     paragraph with respect to the complaint or information. Such 
     notice shall be provided not later than 3 days after any such 
     action is taken.
       ``(F) An action taken by the Director or the Inspector 
     General under this paragraph shall not be subject to judicial 
     review.
       ``(G) In this paragraph, the term `urgent concern' means 
     any of the following:
       ``(i) A serious or flagrant problem, abuse, violation of 
     law or Executive order, or deficiency relating to the 
     funding, administration, or operation of an intelligence 
     activity involving classified information, but does not 
     include differences of opinions concerning public policy 
     matters.
       ``(ii) A false statement to Congress, or a willful 
     withholding from Congress, on an issue of material fact 
     relating to the funding, administration, or operation of an 
     intelligence activity.
       ``(iii) An action, including a personnel action described 
     in section 2302(a)(2)(A) of title 5, United States Code, 
     constituting reprisal or threat of reprisal prohibited under 
     subsection (f)(3)(B) in response to an employee's reporting 
     an urgent concern in accordance with this paragraph.
       ``(H) In support of this paragraph, Congress makes the 
     findings set forth in paragraphs (1) through (6) of section 
     701(b) of the Intelligence Community Whistleblower Protection 
     Act of 1998 (title VII of Public Law 105-272; 5 U.S.C. App. 
     8H note).
       ``(6) In accordance with section 535 of title 28, United 
     States Code, the Inspector General shall report to the 
     Attorney General any information, allegation, or complaint 
     received by the Inspector General relating to violations of 
     Federal criminal law that involves a program or operation of 
     an element of the intelligence community, or in the 
     relationships between the elements of the intelligence 
     community, consistent with such guidelines as may be issued 
     by the Attorney General pursuant to subsection (b)(2) of such 
     section. A copy of each such report shall be furnished to the 
     Director.
       ``(j) Separate Budget Account.--The Director of National 
     Intelligence shall, in accordance with procedures to be 
     issued by the Director in consultation with the congressional 
     intelligence committees, include in the National Intelligence 
     Program budget a separate account for the Office of Inspector 
     General of the Intelligence Community.
       ``(k) Construction of Duties Regarding Elements of 
     Intelligence Community.--Except as resolved pursuant to 
     subsection (g), the performance by the Inspector General of 
     the Intelligence Community of any duty, responsibility, or 
     function regarding an element of the intelligence community 
     shall not be construed to modify or effect the duties and 
     responsibilities of any other Inspector General, whether 
     statutory or administrative, having duties and 
     responsibilities relating to such element.''.
       (2) The table of contents in the first section of the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 103G the following new item:

``Sec. 103H. Inspector General of the Intelligence Community.''.

       (b) Repeal of Superseded Authority To Establish Position.--
     Section 8K of the Inspector General Act of 1978 (5 U.S.C. 
     App.) is repealed.
       (c) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by adding at the end the 
     following new item:

       ``Inspector General of the Intelligence Community.''.
                                 ______
                                 
  SA 357. Mr. KYL proposed an amendment to amendment SA 275 proposed by 
Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 
4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       At page 174, strike line 1 and all that follows through 
     page 175, line 18, and insert the following:
       The terms ``data-mining'' and ``database'' have the same 
     meaning as in 126(b) of Public Law 109-177.
       (c) Reports on Data Mining Activities by Federal 
     Agencies.--
       (1) Requirement for report.--The head of each department or 
     agency of the Federal Government that is engaged in any 
     activity to use or develop data mining shall submit a report 
     to Congress on all such activities of the department or 
     agency under the jurisdiction of that official. The report 
     shall be made available to the public, except for a 
     classified annex described in paragraph (2)(H).
       (2) Content of report.--Each report submitted under 
     paragraph (1) shall include, for each activity to use or 
     develop data mining, the following information:
       (A) A thorough description of the data mining activity, its 
     goals, and, where appropriate, the target dates for the 
     deployment of the data mining activity.
       (B) A thorough description, consistent with the protection 
     of existing patents, proprietary business processes, trade 
     secrets, and intelligence sources and methods, of the data 
     mining technology that is being used or will be used, 
     including the basis for determining whether a particular 
     pattern or anomaly is indicative of terrorist or criminal 
     activity.
                                 ______
                                 
  SA 358. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PILOT PROJECT TO REDUCE THE NUMBER OF TRANSPORTATION 
                   SECURITY OFFICERS AT AIRPORT EXIT LANES.

       (a) In General.--The Administrator of the Transportation 
     Security Administration (referred to in this section as the 
     ``Administrator'') shall conduct a pilot program to identify 
     technological solutions for reducing the number of 
     Transportation Security Administration employees at airport 
     exit lanes.
       (b) Program Components.--In conducting the pilot program 
     under this section, the Administrator shall--
       (1) utilize different technologies that protect the 
     integrity of the airport exit lanes from unauthorized entry; 
     and
       (2) work with airport officials to deploy such technologies 
     in multiple configurations at selected airports at which at 
     least 75 percent of the exits are not co-located with a 
     screening checkpoint.
       (c) Reports.--
       (1) Initial report.--Not later than 90 days after the 
     enactment of this Act, the Administrator shall submit a 
     report to the congressional committees set forth in paragraph 
     (3) that describes--
       (A) the airports selected to participate in the pilot 
     program;
       (B) the potential savings from implementing the 
     technologies at selected airport exits; and
       (C) the types of configurations expected to be deployed at 
     such airports.
       (2) Final report.--Not later than 1 year after the 
     technologies are deployed at the airports participating in 
     the pilot program, the Administrator shall submit a final 
     report to the congressional committees described in paragraph 
     (3) that describes--

[[Page S2730]]

       (A) the security measures deployed;
       (B) the projected cost savings; and
       (C) the efficacy of the program and its applicability to 
     other airports in the United States.
       (3) Congressional committees.--The reports required under 
     this subsection shall be submitted to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (E) the Committee on Appropriations of the House of 
     Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $6,000,000 for each of the fiscal years 
     2008 and 2009 to carry out this section.
                                 ______
                                 
  SA 359. Mr. LAUTENBERG submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. DHS INSPECTOR GENERAL REPORT ON HIGHWAY WATCH 
                   GRANT PROGRAM.

       Within 90 days after the date of enactment of this Act, the 
     Inspector General of the Department of Homeland Security 
     shall submit a report to the Senate Committee on Commerce, 
     Science, and Transportation on the Trucking Security Grant 
     Program for fiscal years 2004 and 2005 that--
       (1) addresses the grant announcement, application, receipt, 
     review, award, monitoring, and closeout processes; and
       (2) states the amount obligated or expended under the 
     program for fiscal years 2004 and 2005 for--
       (A) infrastructure protection;
       (B) training;
       (C) equipment;
       (D) educational materials;
       (E) program administration;
       (E) marketing; and
       (F) other functions.
                                 ______
                                 
  SA 360. Mr. GRAHAM (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to be on the table; as follows:

       At the end of title XV, add the following new section:

     SEC. 1505. SENSE OF CONGRESS ON THE NUCLEAR PROGRAM OF IRAN.

       (a) Findings.--Congress makes the following findings:
       (1) President of Iran Mahmoud Ahmadinejad refuses to 
     abandon the uranium enrichment program of the Government of 
     Iran, and continues to work towards advancing that program.
       (2) The United Nations Security Council unanimously passed 
     Security Council Resolution 1737 on December 23, 2006, which 
     imposed sanctions on trade and expertise related to the 
     nuclear infrastructure of Iran and the transfer to Iran of 
     International Atomic Energy Agency technical aid.
       (3) United Nations Security Council Resolution 1737 (2006) 
     states that if Iran refuses to comply with the Resolution 
     within 60 days, the Security Council ``shall adopt further 
     appropriate measures under Article 41 of Chapter VII of the 
     Charter of the United Nations to persuade Iran to comply with 
     this resolution and the requirements of the IAEA, and 
     underlines that further decisions will be required should 
     such additional measures be necessary''.
       (4) According to a report issued by the International 
     Atomic Energy Agency on February 21, 2007, Iran failed to 
     comply with United Nations Resolution 1737 within 60 days.
       (5) The refusal of the Government of Iran to comply with 
     International Atomic Energy Agency orders to prove the 
     peaceful intent of its nuclear program and with United 
     Nations Security Council Resolution 1737 (2006) indicates 
     that the efforts of the Government of Iran toward uranium 
     enrichment are not for peaceful means.
       (6) The Government of Iran has contributed to instability 
     in the Middle East and has shown itself unwilling to use its 
     influence to support peaceful transformation in the region, 
     including through the following actions:
       (A) The Government of Iran has demonstrated its ability to 
     strike United States military forces and allies in the Middle 
     East with missiles.
       (B) Weapons produced in Iran have moved into Iraq and other 
     countries in the region in support of violent religious 
     extremism, a practice which the Government of Iran is either 
     incapable or unwilling to stop.
       (C) President Ahmadinejad continues to assert that Israel 
     will be ``wiped off the map'' and consistently denies the 
     existence of the holocaust, as evidenced through hosting an 
     ``International Conference to Review the Global Vision of the 
     Holocaust'' on December 11, 2006.
       (7) John Michael McConnell, Director of National 
     Intelligence, indicated in a hearing of the Committee on 
     Armed Services of the Senate on February 27, 2007, that 
     economic sanctions on Iran uniformly applied by the 
     international community could have a major effect on the 
     economy of Iran.
       (8) The placement and implementation of sanctions on 
     countries such as North Korea and Libya have made progress in 
     bringing about change.
       (9) Despite the release of an internal European Union 
     document dated February 7, 2007, which indicated that 
     European Union officials believe that preventing Iran from 
     developing a nuclear weapon is not likely, on February 12, 
     2007 the European Union agreed, in compliance with United 
     Nations Security Council Resolution 1737 (2006), to impose 
     limited sanctions on Iran in order to prevent the sale of 
     materials and technology that could be used in Iran's nuclear 
     program.
       (10) Full economic sanctions on the part of the entire 
     international community have not been applied to Iran.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the nuclear program of the Government of Iran continues 
     to be of grave concern and should be considered a serious 
     threat to the United States and its military forces and 
     personnel in the Middle East, and to United States allies and 
     interests in Europe, the Middle East, and Asia;
       (2) as a result of the failure of Iran to comply with 
     United Nations Security Resolution 1737 (2006), the United 
     Nations Security Council should implement additional 
     sanctions in order to persuade Iran to comply with 
     requirements imposed by the International Atomic Energy 
     Agency;
       (3) full economic sanctions, uniformly imposed by the 
     entire international community, including Russia and China, 
     offer the best opportunity to bring about significant change 
     in Iran to prevent the development of a nuclear weapon in 
     Iran; and
       (4) the elimination of the threat of a nuclear Iran is in 
     the long term interest of the people of Iran, the region, and 
     the world.
                                 ______
                                 
  SA 361. Mr. LIEBERMAN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 4, to 
make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following new title:

              TITLE XVI--ADVANCEMENT OF DEMOCRATIC VALUES

     SECTION 1601. SHORT TITLE.

       This title may be cited as the ``Advance Democratic Values, 
     Address Non-democratic Countries, and Enhance Democracy Act 
     of 2007'' or the ``ADVANCE Democracy Act of 2007''.

     SEC. 1602. FINDINGS.

       Congress finds that in order to support the expansion of 
     freedom and democracy in the world, the foreign policy of the 
     United States should be organized in support of 
     transformational diplomacy that seeks to work through 
     partnerships to build and sustain democratic, well-governed 
     states that will respect human rights and respond to the 
     needs of their people and conduct themselves responsibly in 
     the international system.

     SEC. 1603. STATEMENT OF POLICY.

       It should be the policy of the United States--
       (1) to promote freedom and democracy in foreign countries 
     as a fundamental component of the foreign policy of the 
     United States;
       (2) to affirm internationally recognized human rights 
     standards and norms and to condemn offenses against those 
     rights;
       (3) to use instruments of United States influence to 
     support, promote, and strengthen democratic principles, 
     practices, and values, including the right to free, fair, and 
     open elections, secret balloting, and universal suffrage;
       (4) to protect and promote fundamental freedoms and rights, 
     including the freedom of association, of expression, of the 
     press, and of religion, and the right to own private 
     property;
       (5) to protect and promote respect for and adherence to the 
     rule of law;
       (6) to provide appropriate support to nongovernmental 
     organizations working to promote freedom and democracy;
       (7) to provide political, economic, and other support to 
     countries that are willingly undertaking a transition to 
     democracy;
       (8) to commit to the long-term challenge of promoting 
     universal democracy; and
       (9) to strengthen alliances and relationships with other 
     democratic countries in

[[Page S2731]]

     order to better promote and defend shared values and ideals.

     SEC. 1604. DEFINITIONS.

       In this title:
       (1) Annual report on advancing freedom and democracy.--The 
     term ``Annual Report on Advancing Freedom and Democracy'' 
     refers to the annual report submitted to Congress by the 
     Department of State pursuant to section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 22 U.S.C. 2151n note), in which the Department 
     reports on actions taken by the United States Government to 
     encourage respect for human rights and democracy.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of State for Democracy, Human 
     Rights, and Labor.
       (3) Community of democracies and community.--The terms 
     ``Community of Democracies'' and ``Community'' mean the 
     association of democratic countries committed to the global 
     promotion of democratic principles, practices, and values, 
     which held its First Ministerial Conference in Warsaw, 
     Poland, in June 2000.
       (4) Department.--The term ``Department'' means the 
     Department of State.
       (5) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of State for Democracy and Global 
     Affairs.

  Subtitle A--Liaison Officers and Fellowship Program to Enhance the 
                         Promotion of Democracy

     SEC. 1611. DEMOCRACY LIAISON OFFICERS.

       (a) In General.--The Secretary of State shall establish and 
     staff Democracy Liaison Officer positions, under the 
     supervision of the Assistant Secretary, who may be assigned 
     to the following posts:
       (1) United States missions to, or liaison with, regional 
     and multilateral organizations, including the United States 
     missions to the European Union, African Union, Organization 
     of American States and any other appropriate regional 
     organization, Organization for Security and Cooperation in 
     Europe, the United Nations and its relevant specialized 
     agencies, and the North Atlantic Treaty Organization.
       (2) Regional public diplomacy centers of the Department.
       (3) United States combatant commands.
       (4) Other posts as designated by the Secretary of State.
       (b) Responsibilities.--Each Democracy Liaison Officer 
     should--
       (1) provide expertise on effective approaches to promote 
     and build democracy;
       (2) assist in formulating and implementing strategies for 
     transitions to democracy; and
       (3) carry out other responsibilities as the Secretary of 
     State and the Assistant Secretary may assign.
       (c) New Positions.--The Democracy Liaison Officer positions 
     established under subsection (a) should be new positions that 
     are in addition to existing officer positions with 
     responsibility for other human rights and democracy related 
     issues and programs.
       (d) Relationship to Other Authorities.--Nothing in this 
     section may be construed as removing any authority or 
     responsibility of a chief of mission or other employee of a 
     diplomatic mission of the United States provided under any 
     other provision of law, including any authority or 
     responsibility for the development or implementation of 
     strategies to promote democracy.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary to carry out the responsibilities described in 
     subsection (b), including hiring additional staff to carry 
     out such responsibilities.

     SEC. 1612. DEMOCRACY FELLOWSHIP PROGRAM.

       (a) Requirement for Program.--The Secretary of State shall 
     establish a Democracy Fellowship Program to enable Department 
     officers to gain an additional perspective on democracy 
     promotion abroad by working on democracy issues in 
     congressional committees with oversight over the subject 
     matter of this title, including the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives, and in 
     nongovernmental organizations involved in democracy 
     promotion.
       (b) Selection and Placement.--The Assistant Secretary shall 
     play a central role in the selection of Democracy Fellows and 
     facilitate their placement in appropriate congressional 
     offices and nongovernmental organizations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary to carry out the responsibilities under 
     subsection (a), including hiring additional staff to carry 
     out such responsibilities.

      Subtitle B--Annual Report on Advancing Freedom and Democracy

     SEC. 1621. ANNUAL REPORT.

       (a) Report Title.--Section 665(c) of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
     U.S.C. 2151n note) is amended in the first sentence by 
     inserting ``entitled the Advancing Freedom and Democracy 
     Report'' before the period at the end.
       (b) Schedule for Submission.--If a report entitled the 
     Advancing Freedom and Democracy Report pursuant to section 
     665(c) of the Foreign Relations Authorization Act, Fiscal 
     Year 2003, as amended by subsection (a), is submitted under 
     such section, such report shall be submitted not later than 
     90 days after the date of submission of the report required 
     by section 116(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d)).
       (c) Conforming Amendment.--Section 665(c) of the Foreign 
     Relations Authorization Act, Fiscal Year 2003 (Public Law 
     107-228; 2151n note) is amended by striking ``30 days'' and 
     inserting ``90 days''.

     SEC. 1622. SENSE OF CONGRESS ON TRANSLATION OF HUMAN RIGHTS 
                   REPORTS.

       It is the sense of Congress that the Secretary of State 
     should continue to ensure and expand the timely translation 
     of Human Rights and International Religious Freedom reports 
     and the Annual Report on Advancing Freedom and Democracy 
     prepared by personnel of the Department of State into the 
     principal languages of as many countries as possible. 
     Translations are welcomed because information on United 
     States support for universal enjoyment of freedoms and rights 
     serves to encourage individuals around the globe seeking to 
     advance the cause of freedom in their countries.

Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

     SEC. 1631. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

       (a) Sense of Congress.--Congress commends the Secretary of 
     State for creating an Advisory Committee on Democracy 
     Promotion, and it is the sense of Congress that the Committee 
     should play a significant role in the Department's 
     transformational diplomacy by advising the Secretary of State 
     regarding United States efforts to promote democracy and 
     democratic transition in connection with the formulation and 
     implementation of United States foreign policy and foreign 
     assistance.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State for the purpose 
     of implementing the Advisory Committee on Democracy Promotion 
     $1,000,000 for each of fiscal years 2008, 2009, and 2010.

     SEC. 1632. SENSE OF CONGRESS ON THE INTERNET WEBSITE OF THE 
                   DEPARTMENT OF STATE.

       It is the sense of Congress that--
       (1) the Secretary of State should continue and further 
     expand the Secretary's existing efforts to inform the public 
     in foreign countries of the efforts of the United States to 
     promote democracy and defend human rights through the 
     Internet website of the Department of State;
       (2) the Secretary of State should continue to enhance the 
     democracy promotion materials and resources on that Internet 
     website, as such enhancement can benefit and encourage those 
     around the world who seek freedom; and
       (3) such enhancement should include where possible and 
     practical, translated reports on democracy and human rights 
     prepared by personnel of the Department, narratives and 
     histories highlighting successful nonviolent democratic 
     movements, and other relevant material.

     Subtitle D--Training in Democracy and Human Rights; Promotions

     SEC. 1641. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND 
                   HUMAN RIGHTS.

       It is the sense of Congress that--
       (1) the Secretary of State should continue to enhance and 
     expand the training provided to foreign service officers and 
     civil service employees on how to strengthen and promote 
     democracy and human rights; and
       (2) the Secretary of State should continue the effective 
     and successful use of case studies and practical workshops 
     addressing potential challenges, and work with non-state 
     actors, including nongovernmental organizations that support 
     democratic principles, practices, and values.

     SEC. 1642. ADVANCE DEMOCRACY AWARD.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of State should further strengthen the 
     capacity of the Department to carry out result-based 
     democracy promotion efforts through the establishment of 
     awards and other employee incentives, including the 
     establishment of an annual award known as Outstanding 
     Achievements in Advancing Democracy, or the ADVANCE Democracy 
     Award, that would be awarded to officers or employees of the 
     Department; and
       (2) the Secretary of State should establish the procedures 
     for selecting recipients of such award, including any 
     financial terms, associated with such award.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary to fund the award described in subsection (a), 
     including costs associated with travel of the recipient to 
     Washington, DC.

     SEC. 1643. PROMOTIONS.

       The precepts for selection boards responsible for 
     recommending promotions of foreign service officers, 
     including members of the senior foreign service, should 
     include consideration of a candidate's experience or service 
     in promotion of human rights and democracy.

     SEC. 1644. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN 
                   COUNTRIES AND ACTIVITIES OF CHIEFS OF MISSION.

       It is the sense of Congress that each chief of mission 
     should provide input on the actions described in the 
     Advancing Freedom and Democracy Report submitted under 
     section 665(c) of the Foreign Relations Authorization Act, 
     Fiscal Year 2003 (Public Law

[[Page S2732]]

     107-228; 22 U.S.C. 2151n note), as amended by section 1621, 
     and should intensify democracy and human rights promotion 
     activities.

            Subtitle E--Alliances With Democratic Countries

     SEC. 1651. ALLIANCES WITH DEMOCRATIC COUNTRIES.

       (a) Establishment of an Office for the Community of 
     Democracies.--
       (1) In general.--The Secretary of State should, and is 
     authorized to, establish an Office for the Community of 
     Democracies with the mission to further develop and 
     strengthen the institutional structure of the Community of 
     Democracies, develop interministerial projects, enhance the 
     United Nations Democracy Caucus, manage policy development of 
     the United Nations Democracy Fund, and enhance coordination 
     with other regional and multilateral bodies with jurisdiction 
     over democracy issues.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary of State such sums as may 
     be necessary for establishing and maintaining the Office of 
     the Community of Democracies.
       (b) International Center for Democratic Transition.--
       (1) Sense of congress.--It is the sense of Congress that 
     the International Center for Democratic Transition, an 
     initiative of the Government of Hungary, serves to promote 
     practical projects and the sharing of best practices in the 
     area of democracy promotion and should be supported by, in 
     particular, other European countries with experiences in 
     democratic transitions, the United States, and private 
     individuals.
       (2) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated for 
     a grant to the International Center for Democratic Transition 
     $1,000,000 for each of fiscal years 2008, 2009, and 2010.
       (B) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in this paragraph 
     shall remain available until expended.

             Subtitle F--Funding for Promotion of Democracy

     SEC. 1661. SENSE OF CONGRESS ON THE UNITED NATIONS DEMOCRACY 
                   FUND.

       It is the sense of Congress that the United States should 
     work with other countries to enhance the goals and work of 
     the United Nations Democracy Fund, an essential tool to 
     promote democracy, and in particular support civil society in 
     their efforts to help consolidate democracy and bring about 
     transformational change.

     SEC. 1662. THE HUMAN RIGHTS AND DEMOCRACY FUND.

       (a) Purpose.--The purpose of the Human Rights and Democracy 
     Fund should be to support innovative programming, media, and 
     materials designed to uphold democratic principles, support 
     and strengthen democratic institutions, promote human rights 
     and the rule of law, and build civil societies in countries 
     around the world.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Human Rights and Democracy Fund to carry out the purposes 
     of this section $100,000,000 for fiscal year 2008 and 
     $150,000,000 for fiscal year 2009.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriation in this subsection 
     shall remain available until expended.
                                 ______
                                 
  SA 362. Mr. KOHL (for himself, Mr. Specter, and Mr. Leahy) submitted 
an amendment intended to be proposed to amendment SA 275 proposed by 
Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill S. 
4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; 
which was ordered to lie on the table; as follows:



 =========================== NOTE =========================== 

  
  On Page S2732, March 6, 2007, amendment SA 349 is submitted by 
Mr. KOHL.
  
  On online record has been corrected to read that it is amendment 
SA 362 that was submitted by Mr. KOHL.


 ========================= END NOTE ========================= 

       On page 389, after line 13, add the following:

                    TITLE __.--CIGARETTE TRAFFICKING

     SEC. __01. SHORT TITLE; FINDINGS; PURPOSE.

       (a) Short Title.--This title may be cited as the ``Prevent 
     All Cigarette Trafficking Act of 2007'' or ``PACT Act''.
       (b) Findings.--Congress finds that--
       (1) the sale of illegal cigarettes and smokeless tobacco 
     products significantly reduces Federal, State, and local 
     government revenues, with Internet sales alone accounting for 
     billions of dollars of lost Federal, State, and local tobacco 
     tax revenue each year;
       (2) Hezbollah, Hamas, al Qaeda, and other terrorist 
     organizations have profited from trafficking in illegal 
     cigarettes or counterfeit cigarette tax stamps;
       (3) terrorist involvement in illicit cigarette trafficking 
     will continue to grow because of the large profits such 
     organizations can earn;
       (4) the sale of illegal cigarettes and smokeless tobacco 
     over the Internet, and through mail, fax, or phone orders, 
     make it cheaper and easier for children to obtain tobacco 
     products;
       (5) the majority of Internet and other remote sales of 
     cigarettes and smokeless tobacco are being made without 
     adequate precautions to protect against sales to children, 
     without the payment of applicable taxes, and without 
     complying with the nominal registration and reporting 
     requirements in existing Federal law;
       (6) unfair competition from illegal sales of cigarettes and 
     smokeless tobacco is taking billions of dollars of sales away 
     from law-abiding retailers throughout the United States;
       (7) with rising State and local tobacco tax rates, the 
     incentives for the illegal sale of cigarettes and smokeless 
     tobacco have increased;
       (8) the number of active tobacco investigations being 
     conducted by the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives rose to 452 in 2005;
       (9) the number of Internet vendors in the United States and 
     in foreign countries that sell cigarettes and smokeless 
     tobacco to buyers in the United States has increased from 
     only about 40 in 2000 to more than 500 in 2005; and
       (10) the intrastate sale of illegal cigarettes and 
     smokeless tobacco over the Internet has a substantial effect 
     on interstate commerce.
       (c) Purposes.--It is the purpose of this title to--
       (1) require Internet and other remote sellers of cigarettes 
     and smokeless tobacco to comply with the same laws that apply 
     to law-abiding tobacco retailers;
       (2) create strong disincentives to illegal smuggling of 
     tobacco products;
       (3) provide government enforcement officials with more 
     effective enforcement tools to combat tobacco smuggling;
       (4) make it more difficult for cigarette and smokeless 
     tobacco traffickers to engage in and profit from their 
     illegal activities;
       (5) increase collections of Federal, State, and local 
     excise taxes on cigarettes and smokeless tobacco; and
       (6) prevent and reduce youth access to inexpensive 
     cigarettes and smokeless tobacco through illegal Internet or 
     contraband sales.

     SEC. __02. COLLECTION OF STATE CIGARETTE AND SMOKELESS 
                   TOBACCO TAXES.

       (a) Definitions.--The Act of October 19, 1949 (15 U.S.C. 
     375 et seq.; commonly referred to as the ``Jenkins Act'') 
     (referred to in this title as the ``Jenkins Act''), is 
     amended by striking the first section and inserting the 
     following:

     ``SECTION 1. DEFINITIONS.

       ``As used in this Act, the following definitions apply:
       ``(1) Attorney general.--The term `attorney general', with 
     respect to a State, means the attorney general or other chief 
     law enforcement officer of the State, or the designee of that 
     officer.
       ``(2) Cigarette.--
       ``(A) In general.--For purposes of this Act, the term 
     `cigarette' shall--
       ``(i) have the same meaning given that term in section 2341 
     of title 18, United States Code; and
       ``(ii) include `roll-your-own tobacco' (as that term is 
     defined in section 5702 of the Internal Revenue Code of 
     1986).
       ``(B) Exception.--For purposes of this Act, the term 
     `cigarette' does not include a `cigar,' as that term is 
     defined in section 5702 of the Internal Revenue Code of 1986.
       ``(3) Common carrier.--The term `common carrier' means any 
     person (other than a local messenger service or the United 
     States Postal Service) that holds itself out to the general 
     public as a provider for hire of the transportation by water, 
     land, or air of merchandise, whether or not the person 
     actually operates the vessel, vehicle, or aircraft by which 
     the transportation is provided, between a port or place and a 
     port or place in the United States.
       ``(4) Consumer.--The term `consumer' means any person that 
     purchases cigarettes or smokeless tobacco, but does not 
     include any person lawfully operating as a manufacturer, 
     distributor, wholesaler, or retailer of cigarettes or 
     smokeless tobacco.
       ``(5) Delivery sale.--The term `delivery sale' means any 
     sale of cigarettes or smokeless tobacco to a consumer if--
       ``(A) the consumer submits the order for such sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or the seller 
     is otherwise not in the physical presence of the buyer when 
     the request for purchase or order is made; or
       ``(B) the cigarettes or smokeless tobacco are delivered by 
     use of a common carrier, private delivery service, or the 
     mails, or the seller is not in the physical presence of the 
     buyer when the buyer obtains possession of the cigarettes or 
     smokeless tobacco.
       ``(6) Delivery seller.--The term `delivery seller' means a 
     person who makes a delivery sale.
       ``(7) Indian country.--The term `Indian country' has the 
     meaning given that term in section 1151 of title 18, United 
     States Code, except that within the State of Alaska that term 
     applies only to the Metlakatla Indian Community, Annette 
     Island Reserve.
       ``(8) Indian tribe.--The term `Indian tribe', `tribe', or 
     `tribal' refers to an Indian tribe as defined in section 4(e) 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450b(e)) or as listed pursuant to section 104 of 
     the Federally Recognized Indian Tribe List Act of 1994 (25 
     U.S.C. 479a-1).
       ``(9) Interstate commerce.--The term `interstate commerce' 
     means commerce between a State and any place outside the 
     State, commerce between a State and any Indian country in the 
     State, or commerce between points in the same State but 
     through any place outside the State or through any Indian 
     country.

[[Page S2733]]

       ``(10) Person.--The term `person' means an individual, 
     corporation, company, association, firm, partnership, 
     society, State government, local government, Indian tribal 
     government, governmental organization of such government, or 
     joint stock company.
       ``(11) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, or any territory or possession 
     of the United States.
       ``(12) Smokeless tobacco.--The term `smokeless tobacco' 
     means any finely cut, ground, powdered, or leaf tobacco, or 
     other product containing tobacco, that is intended to be 
     placed in the oral or nasal cavity or otherwise consumed 
     without being combusted.
       ``(13) Tobacco tax administrator.--The term `tobacco tax 
     administrator' means the State, local, or tribal official 
     duly authorized to collect the tobacco tax or administer the 
     tax law of a State, locality, or tribe, respectively.
       ``(14) Use.--The term `use', in addition to its ordinary 
     meaning, means the consumption, storage, handling, or 
     disposal of cigarettes or smokeless tobacco.''.
       (b) Reports to State Tobacco Tax Administrators.--Section 2 
     of the Jenkins Act (15 U.S.C. 376) is amended--
       (1) by striking ``cigarettes'' each place it appears and 
     inserting ``cigarettes or smokeless tobacco'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) by inserting ``Contents.--''after ``(a)''
       (ii) by striking ``or transfers'' and inserting ``, 
     transfers, or ships'';
       (iii) by inserting ``, locality, or Indian country of an 
     Indian tribe'' after ``a State'';
       (iv) by striking ``to other than a distributor licensed by 
     or located in such State,''; and
       (v) by striking ``or transfer and shipment'' and inserting 
     ``, transfer, or shipment'';
       (B) in paragraph (1)--
       (i) by striking ``with the tobacco tax administrator of the 
     State'' and inserting ``with the Attorney General of the 
     United States and with the tobacco tax administrators of the 
     State and place''; and
       (ii) by striking ``; and'' and inserting the following: ``, 
     as well as telephone numbers for each place of business, a 
     principal electronic mail address, any website addresses, and 
     the name, address, and telephone number of an agent in the 
     State authorized to accept service on behalf of such 
     person;'';
       (C) in paragraph (2), by striking ``and the quantity 
     thereof.'' and inserting ``the quantity thereof, and the 
     name, address, and phone number of the person delivering the 
     shipment to the recipient on behalf of the delivery seller, 
     with all invoice or memoranda information relating to 
     specific customers to be organized by city or town and by zip 
     code; and''; and
       (D) by adding at the end the following:
       ``(3) with respect to each memorandum or invoice filed with 
     a State under paragraph (2), also file copies of such 
     memorandum or invoice with the tobacco tax administrators and 
     chief law enforcement officers of the local governments and 
     Indian tribes operating within the borders of the State that 
     apply their own local or tribal taxes on cigarettes or 
     smokeless tobacco.'';
       (3) in subsection (b)--
       (A) by inserting ``Presumptive Evidence.--'' after ``(b)'';
       (B) by striking ``(1) that'' and inserting ``that''; and
       (C) by striking ``, and (2)'' and all that follows and 
     inserting a period; and
       (4) by adding at the end the following:
       ``(c) Use of Information.--A tobacco tax administrator or 
     chief law enforcement officer who receives a memorandum or 
     invoice under paragraph (2) or (3) of subsection (a) shall 
     use such memorandum or invoice solely for the purposes of the 
     enforcement of this Act and the collection of any taxes owed 
     on related sales of cigarettes and smokeless tobacco, and 
     shall keep confidential any personal information in such 
     memorandum or invoice not otherwise required for such 
     purposes.''.
       (c) Requirements for Delivery Sales.--The Jenkins Act is 
     amended by inserting after section 2 the following:

     ``SEC. 2A. DELIVERY SALES.

       ``(a) In General.--With respect to delivery sales into a 
     specific State and place, each delivery seller shall comply 
     with--
       ``(1) the shipping requirements set forth in subsection 
     (b);
       ``(2) the recordkeeping requirements set forth in 
     subsection (c);
       ``(3) all State, local, tribal, and other laws generally 
     applicable to sales of cigarettes or smokeless tobacco as if 
     such delivery sales occurred entirely within the specific 
     State and place, including laws imposing--
       ``(A) excise taxes;
       ``(B) licensing and tax-stamping requirements;
       ``(C) restrictions on sales to minors; and
       ``(D) other payment obligations or legal requirements 
     relating to the sale, distribution, or delivery of cigarettes 
     or smokeless tobacco; and
       ``(4) the tax collection requirements set forth in 
     subsection (d).
       ``(b) Shipping and Packaging.--
       ``(1) Required statement.--For any shipping package 
     containing cigarettes or smokeless tobacco, the delivery 
     seller shall include on the bill of lading, if any, and on 
     the outside of the shipping package, on the same surface as 
     the delivery address, a clear and conspicuous statement 
     providing as follows: `CIGARETTES/SMOKELESS TOBACCO: FEDERAL 
     LAW REQUIRES THE PAYMENT OF ALL APPLICABLE EXCISE TAXES, AND 
     COMPLIANCE WITH APPLICABLE LICENSING AND TAX-STAMPING 
     OBLIGATIONS'.
       ``(2) Failure to label.--Any shipping package described in 
     paragraph (1) that is not labeled in accordance with that 
     paragraph shall be treated as nondeliverable matter by a 
     common carrier or other delivery service, if the common 
     carrier or other delivery service knows or should know the 
     package contains cigarettes or smokeless tobacco. If a common 
     carrier or other delivery service believes a package is being 
     submitted for delivery in violation of paragraph (1), it may 
     require the person submitting the package for delivery to 
     establish that it is not being sent in violation of paragraph 
     (1) before accepting the package for delivery. Nothing in 
     this paragraph shall require the common carrier or other 
     delivery service to open any package to determine its 
     contents.
       ``(3) Weight restriction.--A delivery seller shall not 
     sell, offer for sale, deliver, or cause to be delivered in 
     any single sale or single delivery any cigarettes or 
     smokeless tobacco weighing more than 10 pounds.
       ``(4) Age verification.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a delivery seller who mails or ships tobacco products--
       ``(i) shall not sell, deliver, or cause to be delivered any 
     tobacco products to a person under the minimum age required 
     for the legal sale or purchase of tobacco products, as 
     determined by the applicable law at the place of delivery;
       ``(ii) shall use a method of mailing or shipping that 
     requires--

       ``(I) the purchaser placing the delivery sale order, or an 
     adult who is at least the minimum age required for the legal 
     sale or purchase of tobacco products, as determined by the 
     applicable law at the place of delivery, to sign to accept 
     delivery of the shipping container at the delivery address; 
     and
       ``(II) the person who signs to accept delivery of the 
     shipping container to provide proof, in the form of a valid, 
     government-issued identification bearing a photograph of the 
     individual, that the person is at least the minimum age 
     required for the legal sale or purchase of tobacco products, 
     as determined by the applicable law at the place of delivery; 
     and

       ``(iii) shall not accept a delivery sale order from a 
     person without--

       ``(I) obtaining the full name, birth date, and residential 
     address of that person; and
       ``(II) verifying the information provided in subclause (I), 
     through the use of a commercially available database or 
     aggregate of databases, consisting primarily of data from 
     government sources, that are regularly used by government and 
     businesses for the purpose of age and identity verification 
     and authentication, to ensure that the purchaser is at least 
     the minimum age required for the legal sale or purchase of 
     tobacco products, as determined by the applicable law at the 
     place of delivery.

       ``(B) Limitation.--No database being used for age and 
     identity verification under subparagraph (A)(iii) shall be in 
     the possession or under the control of the delivery seller, 
     or be subject to any changes or supplementation by the 
     delivery seller.
       ``(c) Records.--
       ``(1) In general.--Each delivery seller shall keep a record 
     of any delivery sale, including all of the information 
     described in section 2(a)(2), organized by the State, and 
     within such State, by the city or town and by zip code, into 
     which such delivery sale is so made.
       ``(2) Record retention.--Records of a delivery sale shall 
     be kept as described in paragraph (1) in the year in which 
     the delivery sale is made and for the next 4 years.
       ``(3) Access for officials.--Records kept under paragraph 
     (1) shall be made available to tobacco tax administrators of 
     the States, to local governments and Indian tribes that apply 
     their own local or tribal taxes on cigarettes or smokeless 
     tobacco, to the attorneys general of the States, to the chief 
     law enforcement officers of such local governments and Indian 
     tribes, and to the Attorney General of the United States in 
     order to ensure the compliance of persons making delivery 
     sales with the requirements of this Act.
       ``(d) Delivery.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     delivery seller may sell or deliver to any consumer, or 
     tender to any common carrier or other delivery service, any 
     cigarettes or smokeless tobacco pursuant to a delivery sale 
     unless, in advance of the sale, delivery, or tender--
       ``(A) any cigarette or smokeless tobacco excise tax that is 
     imposed by the State in which the cigarettes or smokeless 
     tobacco are to be delivered has been paid to the State;
       ``(B) any cigarette or smokeless tobacco excise tax that is 
     imposed by the local government of the place in which the 
     cigarettes or smokeless tobacco are to be delivered has been 
     paid to the local government; and
       ``(C) any required stamps or other indicia that such excise 
     tax has been paid are properly affixed or applied to the 
     cigarettes or smokeless tobacco.
       ``(2) Exception.--Paragraph (1) does not apply to a 
     delivery sale of smokeless tobacco if the law of the State or 
     local government of the place where the smokeless tobacco is 
     to be delivered requires or otherwise provides that delivery 
     sellers collect the excise tax

[[Page S2734]]

     from the consumer and remit the excise tax to the State or 
     local government, and the delivery seller complies with the 
     requirement.
       ``(e) List of Unregistered or Noncompliant Delivery 
     Sellers.--
       ``(1) In general.--
       ``(A) Initial list.--Not later than 90 days after this 
     subsection goes into effect under the Prevent All Cigarette 
     Trafficking Act of 2007, the Attorney General of the United 
     States shall compile a list of delivery sellers of cigarettes 
     or smokeless tobacco that have not registered with the 
     Attorney General, pursuant to section 2(a) or that are 
     otherwise not in compliance with this Act, and--
       ``(i) distribute the list to--

       ``(I) the attorney general and tax administrator of every 
     State;
       ``(II) common carriers and other persons that deliver small 
     packages to consumers in interstate commerce, including the 
     United States Postal Service; and
       ``(III) at the discretion of the Attorney General of the 
     United States, to any other persons; and

       ``(ii) publicize and make the list available to any other 
     person engaged in the business of interstate deliveries or 
     who delivers cigarettes or smokeless tobacco in or into any 
     State.
       ``(B) List contents.--To the extent known, the Attorney 
     General of the United States shall include, for each delivery 
     seller on the list described in subparagraph (A)--
       ``(i) all names the delivery seller uses in the transaction 
     of its business or on packages delivered to customers;
       ``(ii) all addresses from which the delivery seller does 
     business or ships cigarettes or smokeless tobacco;
       ``(iii) the website addresses, primary e-mail address, and 
     phone number of the delivery seller; and
       ``(iv) any other information that the Attorney General 
     determines would facilitate compliance with this subsection 
     by recipients of the list.
       ``(C) Updating.--The Attorney General of the United States 
     shall update and distribute the list at least once every 4 
     months, and may distribute the list and any updates by 
     regular mail, electronic mail, or any other reasonable means, 
     or by providing recipients with access to the list through a 
     nonpublic website that the Attorney General of the United 
     States regularly updates.
       ``(D) State, local, or tribal additions.--The Attorney 
     General of the United States shall include in the list under 
     subparagraph (A) any noncomplying delivery sellers identified 
     by any State, local, or tribal government under paragraph 
     (5), and shall distribute the list to the attorney general or 
     chief law enforcement official and the tax administrator of 
     any government submitting any such information and to any 
     common carriers or other persons who deliver small packages 
     to consumers identified by any government pursuant to 
     paragraph (5).
       ``(E) Confidentiality.--The list distributed pursuant to 
     subparagraph (A) shall be confidential, and any person 
     receiving the list shall maintain the confidentiality of the 
     list but may deliver the list, for enforcement purposes, to 
     any government official or to any common carrier or other 
     person that delivers tobacco products or small packages to 
     consumers. Nothing in this section shall prohibit a common 
     carrier, the United States Postal Service, or any other 
     person receiving the list from discussing with the listed 
     delivery sellers the delivery sellers' inclusion on the list 
     and the resulting effects on any services requested by such 
     listed delivery seller.
       ``(2) Prohibition on delivery.--
       ``(A) In general.--Commencing on the date that is 60 days 
     after the date of the initial distribution or availability of 
     the list under paragraph (1)(A), no person who receives the 
     list under paragraph (1), and no person who delivers 
     cigarettes or smokeless tobacco to consumers, shall knowingly 
     complete, cause to be completed, or complete its portion of a 
     delivery of any package for any person whose name and address 
     are on the list, unless--
       ``(i) the person making the delivery knows or believes in 
     good faith that the item does not include cigarettes or 
     smokeless tobacco;
       ``(ii) the delivery is made to a person lawfully engaged in 
     the business of manufacturing, distributing, or selling 
     cigarettes or smokeless tobacco; or
       ``(iii) the package being delivered weighs more than 100 
     pounds and the person making the delivery does not know or 
     have reasonable cause to believe that the package contains 
     cigarettes or smokeless tobacco.
       ``(B) Implementation of updates.--Commencing on the date 
     that is 30 days after the date of the distribution or 
     availability of any updates or corrections to the list under 
     paragraph (1), all recipients and all common carriers or 
     other persons that deliver cigarettes or smokeless tobacco to 
     consumers shall be subject to subparagraph (A) in regard to 
     such corrections or updates.
       ``(3) Shipments from persons on list.--
       ``(A) In general.--In the event that a common carrier or 
     other delivery service delays or interrupts the delivery of a 
     package it has in its possession because it determines or has 
     reason to believe that the person ordering the delivery is on 
     a list distributed under paragraph (1)--
       ``(i) the person ordering the delivery shall be obligated 
     to pay--

       ``(I) the common carrier or other delivery service as if 
     the delivery of the package had been timely completed; and
       ``(II) if the package is not deliverable, any reasonable 
     additional fee or charge levied by the common carrier or 
     other delivery service to cover its extra costs and 
     inconvenience and to serve as a disincentive against such 
     noncomplying delivery orders; and

       ``(ii) if the package is determined not to be deliverable, 
     the common carrier or other delivery service shall, in its 
     discretion, either provide the package and its contents to a 
     Federal, State, or local law enforcement agency or destroy 
     the package and its contents.
       ``(B) Records.--A common carrier or other delivery service 
     shall maintain, for a period of 5 years, any records kept in 
     the ordinary course of business relating to any deliveries 
     interrupted pursuant to this paragraph and provide that 
     information, upon request, to the Attorney General of the 
     United States or to the attorney general or chief law 
     enforcement official or tax administrator of any State, 
     local, or tribal government.
       ``(C) Confidentiality.--Any person receiving records under 
     subparagraph (B) shall use such records solely for the 
     purposes of the enforcement of this Act and the collection of 
     any taxes owed on related sales of cigarettes and smokeless 
     tobacco, and the person receiving records under subparagraph 
     (B) shall keep confidential any personal information in such 
     records not otherwise required for such purposes.
       ``(4) Preemption.--
       ``(A) In general.--No State, local, or tribal government, 
     nor any political authority of 2 or more State, local, or 
     tribal governments, may enact or enforce any law or 
     regulation relating to delivery sales that restricts 
     deliveries of cigarettes or smokeless tobacco to consumers by 
     common carriers or other delivery services on behalf of 
     delivery sellers by--
       ``(i) requiring that the common carrier or other delivery 
     service verify the age or identity of the consumer accepting 
     the delivery by requiring the person who signs to accept 
     delivery of the shipping container to provide proof, in the 
     form of a valid, government-issued identification bearing a 
     photograph of the individual, that such person is at least 
     the minimum age required for the legal sale or purchase of 
     tobacco products, as determined by either State or local law 
     at the place of delivery;
       ``(ii) requiring that the common carrier or other delivery 
     service obtain a signature from the consumer accepting the 
     delivery;
       ``(iii) requiring that the common carrier or other delivery 
     service verify that all applicable taxes have been paid;
       ``(iv) requiring that packages delivered by the common 
     carrier or other delivery service contain any particular 
     labels, notice, or markings; or
       ``(v) prohibiting common carriers or other delivery 
     services from making deliveries on the basis of whether the 
     delivery seller is or is not identified on any list of 
     delivery sellers maintained and distributed by any entity 
     other than the Federal Government.
       ``(B) Relationship to other laws.--Nothing in this 
     paragraph shall be construed to prohibit, expand, restrict, 
     or otherwise amend or modify--
       ``(i) section 14501(c)(1) or 41713(b)(4) of title 49, 
     United States Code;
       ``(ii) any other restrictions in Federal law on the ability 
     of State, local, or tribal governments to regulate common 
     carriers; or
       ``(iii) any provision of State, local, or tribal law 
     regulating common carriers that falls within the provisions 
     of chapter 49 of the United States Code, sections 14501(c)(2) 
     or 41713(b)(4)(B).
       ``(C) State laws prohibiting delivery sales.--Nothing in 
     the Prevent All Cigarette Trafficking Act of 2007, or the 
     amendments made by that Act, may be construed to preempt or 
     supersede State laws prohibiting the delivery sale, or the 
     shipment or delivery pursuant to a delivery sale, of 
     cigarettes or smokeless tobacco to individual consumers.
       ``(5) State, local, and tribal additions.--
       ``(A) In general.--Any State, local, or tribal government 
     shall provide the Attorney General of the United States 
     with--
       ``(i) all known names, addresses, website addresses, and 
     other primary contact information of any delivery seller that 
     offers for sale or makes sales of cigarettes or smokeless 
     tobacco in or into the State, locality, or tribal land but 
     has failed to register with or make reports to the respective 
     tax administrator, as required by this Act, or that has been 
     found in a legal proceeding to have otherwise failed to 
     comply with this Act; and
       ``(ii) a list of common carriers and other persons who make 
     deliveries of cigarettes or smokeless tobacco in or into the 
     State, locality, or tribal lands.
       ``(B) Updates.--Any government providing a list to the 
     Attorney General of the United States under subparagraph (A) 
     shall also provide updates and corrections every 4 months 
     until such time as such government notifies the Attorney 
     General of the United States in writing that such government 
     no longer desires to submit such information to supplement 
     the list maintained and distributed by the Attorney General 
     of the United States under paragraph (1).
       ``(C) Removal after withdrawal.--Upon receiving written 
     notice that a government no longer desires to submit 
     information under subparagraph (A), the Attorney General of 
     the United States shall remove from the list under paragraph 
     (1) any persons that are on the list solely because of such 
     government's prior submissions of its list of noncomplying 
     delivery sellers of cigarettes or smokeless tobacco or its 
     subsequent updates and corrections.

[[Page S2735]]

       ``(6) Deadline to incorporate additions.--The Attorney 
     General of the United States shall--
       ``(A) include any delivery seller identified and submitted 
     by a State, local, or tribal government under paragraph (5) 
     in any list or update that is distributed or made available 
     under paragraph (1) on or after the date that is 30 days 
     after the date on which the information is received by the 
     Attorney General of the United States; and
       ``(B) distribute any such list or update to any common 
     carrier or other person who makes deliveries of cigarettes or 
     smokeless tobacco that has been identified and submitted by 
     another government, pursuant to paragraph (5).
       ``(7) Notice to delivery sellers.--Not later than 14 days 
     prior to including any delivery seller on the initial list 
     distributed or made available under paragraph (1), or on any 
     subsequent list or update for the first time, the Attorney 
     General of the United States shall make a reasonable attempt 
     to send notice to the delivery seller by letter, electronic 
     mail, or other means that the delivery seller is being placed 
     on such list or update, with that notice citing the relevant 
     provisions of this Act.
       ``(8) Limitations.--
       ``(A) In general.--Any common carrier or other person 
     making a delivery subject to this subsection shall not be 
     required or otherwise obligated to--
       ``(i) determine whether any list distributed or made 
     available under paragraph (1) is complete, accurate, or up-
     to-date;
       ``(ii) determine whether a person ordering a delivery is in 
     compliance with this Act; or
       ``(iii) open or inspect, pursuant to this Act, any package 
     being delivered to determine its contents.
       ``(B) Alternate names.--Any common carrier or other person 
     making a delivery subject to this subsection shall not be 
     required or otherwise obligated to make any inquiries or 
     otherwise determine whether a person ordering a delivery is a 
     delivery seller on the list under paragraph (1) who is using 
     a different name or address in order to evade the related 
     delivery restrictions, but shall not knowingly deliver any 
     packages to consumers for any such delivery seller who the 
     common carrier or other delivery service knows is a delivery 
     seller who is on the list under paragraph (1) but is using a 
     different name or address to evade the delivery restrictions 
     of paragraph (2).
       ``(C) Penalties.--Any common carrier or person in the 
     business of delivering packages on behalf of other persons 
     shall not be subject to any penalty under section 14101(a) of 
     title 49, United States Code, or any other provision of law 
     for--
       ``(i) not making any specific delivery, or any deliveries 
     at all, on behalf of any person on the list under paragraph 
     (1);
       ``(ii) not, as a matter of regular practice and procedure, 
     making any deliveries, or any deliveries in certain States, 
     of any cigarettes or smokeless tobacco for any person or for 
     any person not in the business of manufacturing, 
     distributing, or selling cigarettes or smokeless tobacco; or
       ``(iii) delaying or not making a delivery for any person 
     because of reasonable efforts to comply with this Act.
       ``(D) Other limits.--Section 2 and subsections (a), (b), 
     (c), and (d) of this section shall not be interpreted to 
     impose any responsibilities, requirements, or liability on 
     common carriers.
       ``(f) Presumption.--For purposes of this Act, a delivery 
     sale shall be deemed to have occurred in the State and place 
     where the buyer obtains personal possession of the cigarettes 
     or smokeless tobacco, and a delivery pursuant to a delivery 
     sale is deemed to have been initiated or ordered by the 
     delivery seller.''.
       (d) Penalties.--The Jenkins Act is amended by striking 
     section 3 and inserting the following:

     ``SEC. 3. PENALTIES.

       ``(a) Criminal Penalties.--
       ``(1) In general.--Except as provided in paragraph (2), 
     whoever violates any provision of this Act shall be guilty of 
     a felony and shall be imprisoned not more than 3 years, fined 
     under title 18, United States Code, or both.
       ``(2) Exceptions.--
       ``(A) Governments.--Paragraph (1) shall not apply to a 
     State, local, or tribal government.
       ``(B) Delivery violations.--A common carrier or independent 
     delivery service, or employee of a common carrier or 
     independent delivery service, shall be subject to criminal 
     penalties under paragraph (1) for a violation of section 
     2A(e) only if the violation is committed intentionally--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(b) Civil Penalties.--
       ``(1) In general.--Except as provided in paragraph (3), 
     whoever violates any provision of this Act shall be subject 
     to a civil penalty in an amount not to exceed--
       ``(A) in the case of a delivery seller, the greater of--
       ``(i) $5,000 in the case of the first violation, or $10,000 
     for any other violation; or
       ``(ii) for any violation, 2 percent of the gross sales of 
     cigarettes or smokeless tobacco of such person during the 1-
     year period ending on the date of the violation.
       ``(B) in the case of a common carrier or other delivery 
     service, $2,500 in the case of a first violation, or $5,000 
     for any violation within 1 year of a prior violation.
       ``(2) Relation to other penalties.--A civil penalty under 
     paragraph (1) for a violation of this Act shall be imposed in 
     addition to any criminal penalty under subsection (a) and any 
     other damages, equitable relief, or injunctive relief awarded 
     by the court, including the payment of any unpaid taxes to 
     the appropriate Federal, State, local, or tribal governments.
       ``(3) Exceptions.--
       ``(A) Delivery violations.--An employee of a common carrier 
     or independent delivery service shall be subject to civil 
     penalties under paragraph (1) for a violation of section 
     2A(e) only if the violation is committed intentionally--
       ``(i) as consideration for the receipt of, or as 
     consideration for a promise or agreement to pay, anything of 
     pecuniary value; or
       ``(ii) for the purpose of assisting a delivery seller to 
     violate, or otherwise evading compliance with, section 2A.
       ``(B) Other limitations.--No common carrier or independent 
     delivery service shall be subject to civil penalties under 
     paragraph (1) for a violation of section 2A(e) if--
       ``(i) the common carrier or independent delivery service 
     has implemented and enforces effective policies and practices 
     for complying with that section; or
       ``(ii) an employee of the common carrier or independent 
     delivery service who physically receives and processes 
     orders, picks up packages, processes packages, or makes 
     deliveries, takes actions that are outside the scope of 
     employment of the employee in the course of the violation, or 
     that violate the implemented and enforced policies of the 
     common carrier or independent delivery service described in 
     clause (i).''.
       (e) Enforcement.--The Jenkins Act is amended by striking 
     section 4 and inserting the following:

     ``SEC. 4. ENFORCEMENT.

       ``(a) In General.--The United States district courts shall 
     have jurisdiction to prevent and restrain violations of this 
     Act and to provide other appropriate injunctive or equitable 
     relief, including money damages, for such violations.
       ``(b) Authority of the Attorney General.--The Attorney 
     General of the United States shall administer and enforce the 
     provisions of this Act.
       ``(c) State, Local, and Tribal Enforcement.--
       ``(1) In general.--
       ``(A) Standing.--A State, through its attorney general (or 
     a designee thereof), or a local government or Indian tribe 
     that levies a tax subject to section 2A(a)(3), through its 
     chief law enforcement officer (or a designee thereof), may 
     bring an action in a United States district court to prevent 
     and restrain violations of this Act by any person (or by any 
     person controlling such person) or to obtain any other 
     appropriate relief from any person (or from any person 
     controlling such person) for violations of this Act, 
     including civil penalties, money damages, and injunctive or 
     other equitable relief.
       ``(B) Sovereign immunity.--Nothing in this Act shall be 
     deemed to abrogate or constitute a waiver of any sovereign 
     immunity of a State or local government or Indian tribe 
     against any unconsented lawsuit under this Act, or otherwise 
     to restrict, expand, or modify any sovereign immunity of a 
     State or local government or Indian tribe.
       ``(2) Provision of information.--A State, through its 
     attorney general, or a local government or Indian tribe that 
     levies a tax subject to section 2A(a)(3), through its chief 
     law enforcement officer (or a designee thereof), may provide 
     evidence of a violation of this Act by any person not subject 
     to State, local, or tribal government enforcement actions for 
     violations of this Act to the Attorney General of the United 
     States or a United States attorney, who shall take 
     appropriate actions to enforce the provisions of this Act.
       ``(3) Use of penalties collected.--
       ``(A) In general.--There is established a separate account 
     in the Treasury known as the `PACT Anti-Trafficking Fund'. 
     Notwithstanding any other provision of law and subject to 
     subparagraph (B), an amount equal to 50 percent of any 
     criminal and civil penalties collected by the United States 
     Government in enforcing the provisions of this Act shall be 
     transferred into the PACT Anti-Trafficking Fund and shall be 
     available to the Attorney General of the United States for 
     purposes of enforcing the provisions of this Act and other 
     laws relating to contraband tobacco products.
       ``(B) Allocation of funds.--Of the amount available to the 
     Attorney General under subparagraph (A), not less than 50 
     percent shall be made available only to the agencies and 
     offices within the Department of Justice that were 
     responsible for the enforcement actions in which the 
     penalties concerned were imposed or for any underlying 
     investigations.
       ``(4) Nonexclusivity of remedy.--
       ``(A) In general.--The remedies available under this 
     section and section 3 are in addition to any other remedies 
     available under Federal, State, local, tribal, or other law.
       ``(B) State court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized State official to proceed in State 
     court, or take other enforcement actions, on the basis of an 
     alleged violation of State or other law.

[[Page S2736]]

       ``(C) Tribal court proceedings.--Nothing in this Act shall 
     be construed to expand, restrict, or otherwise modify any 
     right of an authorized Indian tribal government official to 
     proceed in tribal court, or take other enforcement actions, 
     on the basis of an alleged violation of tribal law.
       ``(D) Local government enforcement.--Nothing in this Act 
     shall be construed to expand, restrict, or otherwise modify 
     any right of an authorized local government official to 
     proceed in State court, or take other enforcement actions, on 
     the basis of an alleged violation of local or other law.
       ``(d) Persons Dealing in Tobacco Products.--Any person who 
     holds a permit under section 5712 of the Internal Revenue 
     Code of 1986 (regarding permitting of manufacturers and 
     importers of tobacco products and export warehouse 
     proprietors) may bring an action in a United States district 
     court to prevent and restrain violations of this Act by any 
     person (or by any person controlling such person) other than 
     a State, local, or tribal government.
       ``(e) Notice.--
       ``(1) Persons dealing in tobacco products.--Any person who 
     commences a civil action under subsection (d) shall inform 
     the Attorney General of the United States of the action.
       ``(2) State, local, and tribal actions.--It is the sense of 
     Congress that the attorney general of any State, or chief law 
     enforcement officer of any locality or tribe, that commences 
     a civil action under this section should inform the Attorney 
     General of the United States of the action.
       ``(f) Public Notice.--
       ``(1) In general.--The Attorney General of the United 
     States shall make available to the public, by posting such 
     information on the Internet and by other appropriate means, 
     information regarding all enforcement actions undertaken by 
     the Attorney General or United States attorneys, or reported 
     to the Attorney General, under this section, including 
     information regarding the resolution of such actions and how 
     the Attorney General and the United States attorney have 
     responded to referrals of evidence of violations pursuant to 
     subsection (c)(2).
       ``(2) Reports to congress.--The Attorney General shall 
     submit to Congress each year a report containing the 
     information described in paragraph (1).''.

     SEC. __03. TREATMENT OF CIGARETTES AND SMOKELESS TOBACCO AS 
                   NONMAILABLE MATTER.

       Section 1716 of title 18, United States Code, is amended--
       (1) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively; and
       (2) by inserting after subsection (i) the following:
       ``(j) Tobacco Products.--
       ``(1) Prohibition.--
       ``(A) In general.--Except as provided in subparagraphs (C) 
     and (C), all cigarettes (as that term is defined in section 
     1(2) of the Act of October 19, 1949 (15 U.S.C. 375; commonly 
     referred to as the `Jenkins Act')) and smokeless tobacco (as 
     that term is defined in section 1(12) of that Act), are 
     nonmailable and shall not be deposited in or carried through 
     the mails. The United States Postal Service shall not accept 
     for delivery or transmit through the mails any package that 
     it knows or has reasonable cause to believe contains any 
     cigarettes or smokeless tobacco made nonmailable by this 
     subsection.
       ``(B) Reasonable cause to believe.--For purposes of this 
     section, notification to the United States Postal Service by 
     the Attorney General, a United States attorney, or a State 
     Attorney General that an individual or entity is primarily 
     engaged in the business of transmitting cigarettes or 
     smokeless tobacco made nonmailable by this section shall 
     constitute reasonable cause to believe that any packages 
     presented to the United States Postal Service by such 
     individual or entity contain nonmailable cigarettes or 
     smokeless tobacco.
       ``(C) Cigars.--Subparagraph (A) shall not apply to cigars 
     (as that term is defined in section 5702(a) of the Internal 
     Revenue Code of 1986).
       ``(D) Geographic exception.--Subparagraph (A) shall not 
     apply to mailings within or into any State that is not 
     contiguous with at least 1 other State of the United States. 
     For purposes of this paragraph, `State' means any of the 50 
     States or the District of Columbia.
       ``(2) Packaging exceptions inapplicable.--Subsection (b) 
     shall not apply to any tobacco product made nonmailable by 
     this subsection.
       ``(3) Seizure and forfeiture.--Any cigarettes or smokeless 
     tobacco made nonmailable by this subsection that are 
     deposited in the mails shall be subject to seizure and 
     forfeiture, and any tobacco products so seized and forfeited 
     shall either be destroyed or retained by Government officials 
     for the detection or prosecution of crimes or related 
     investigations and then destroyed.
       ``(4) Additional penalties.--In addition to any other fines 
     and penalties imposed by this chapter for violations of this 
     section, any person violating this subsection shall be 
     subject to an additional penalty in the amount of 10 times 
     the retail value of the nonmailable cigarettes or smokeless 
     tobacco, including all Federal, State, and local taxes.
       ``(5) Use of penalties.--There is established a separate 
     account in the Treasury known as the `PACT Postal Service 
     Fund'. Notwithstanding any other provision of law, an amount 
     equal to 50 percent of any criminal and civil fines or 
     monetary penalties collected by the United States Government 
     in enforcing the provisions of this subsection shall be 
     transferred into the PACT Postal Service Fund and shall be 
     available to the Postmaster General for the purpose of 
     enforcing the provisions of this subsection.''.

     SEC. __04. COMPLIANCE WITH MODEL STATUTE OR QUALIFYING 
                   STATUTE.

       (a) In General.--A Tobacco Product Manufacturer or importer 
     may not sell in, deliver to, or place for delivery sale, or 
     cause to be sold in, delivered to, or placed for delivery 
     sale in a State that is a party to the Master Settlement 
     Agreement, any cigarette manufactured by a Tobacco Product 
     Manufacturer that is not in full compliance with the terms of 
     the Model Statute or Qualifying Statute enacted by such State 
     requiring funds to be placed into a qualified escrow account 
     under specified conditions, or any regulations promulgated 
     pursuant to such statute.
       (b) Jurisdiction To Prevent and Restrain Violations.--
       (1) In general.--The United States district courts shall 
     have jurisdiction to prevent and restrain violations of 
     subsection (a) in accordance with this subsection.
       (2) Initiation of action.--A State, through its attorney 
     general, may bring an action in the United States district 
     courts to prevent and restrain violations of subsection (a) 
     by any person (or by any person controlling such person).
       (3) Attorney fees.--In any action under paragraph (2), a 
     State, through its attorney general, shall be entitled to 
     reasonable attorney fees from a person found to have 
     willfully and knowingly violated subsection (a).
       (4) Nonexclusivity of remedies.--The remedy available under 
     paragraph (2) is in addition to any other remedies available 
     under Federal, State, or other law. No provision of this 
     title or any other Federal law shall be held or construed to 
     prohibit or preempt the Master Settlement Agreement, the 
     Model Statute (as defined in the Master Settlement 
     Agreement), any legislation amending or complementary to the 
     Model Statute in effect as of June 1, 2006, or any 
     legislation substantially similar to such existing, amending, 
     or complementary legislation hereinafter enacted.
       (5) Other enforcement actions.--Nothing in this subsection 
     shall be construed to prohibit an authorized State official 
     from proceeding in State court or taking other enforcement 
     actions on the basis of an alleged violation of State or 
     other law.
       (6) Authority of the attorney general.--The Attorney 
     General of the United States may administer and enforce 
     subsection (a).
       (c) Definitions.--In this section the following definitions 
     apply:
       (1) Delivery sale.--The term ``delivery sale'' means any 
     sale of cigarettes or smokeless tobacco to a consumer if--
       (A) the consumer submits the order for such sale by means 
     of a telephone or other method of voice transmission, the 
     mails, or the Internet or other online service, or the seller 
     is otherwise not in the physical presence of the buyer when 
     the request for purchase or order is made; or
       (B) the cigarettes or smokeless tobacco are delivered by 
     use of a common carrier, private delivery service, or the 
     mails, or the seller is not in the physical presence of the 
     buyer when the buyer obtains possession of the cigarettes or 
     smokeless tobacco.
       (2) Importer.--The term ``importer'' means each of the 
     following:
       (A) Shipping or consigning.--Any person in the United 
     States to whom nontaxpaid tobacco products manufactured in a 
     foreign country, Puerto Rico, the Virgin Islands, or a 
     possession of the United States are shipped or consigned.
       (B) Manufacturing warehouses.--Any person who removes 
     cigars or cigarettes for sale or consumption in the United 
     States from a customs-bonded manufacturing warehouse.
       (C) Unlawful importing.--Any person who smuggles or 
     otherwise unlawfully brings tobacco products into the United 
     States.
       (3) Master settlement agreement.--The term ``Master 
     Settlement Agreement'' means the agreement executed November 
     23, 1998, between the attorneys general of 46 States, the 
     District of Columbia, the Commonwealth of Puerto Rico, and 4 
     territories of the United States and certain tobacco 
     manufacturers.
       (4) Model statute; qualifying statute.--The terms ``Model 
     Statute'' and ``Qualifying Statute'' means a statute as 
     defined in section IX(d)(2)(e) of the Master Settlement 
     Agreement.
       (5) Tobacco product manufacturer.--The term ``Tobacco 
     Product Manufacturer'' has the meaning given that term in 
     section II(uu) of the Master Settlement Agreement.

     SEC. __05. INSPECTION BY BUREAU OF ALCOHOL, TOBACCO, FIREARMS 
                   AND EXPLOSIVES OF RECORDS OF CERTAIN CIGARETTE 
                   AND SMOKELESS TOBACCO SELLERS.

       (a) In General.--Any officer of the Bureau of Alcohol, 
     Tobacco, Firearms and Explosives may, during normal business 
     hours, enter the premises of any person described in 
     subsection (b) for the purposes of inspecting--
       (1) any records or information required to be maintained by 
     such person under the provisions of law referred to in 
     subsection (d); or
       (2) any cigarettes or smokeless tobacco kept or stored by 
     such person at such premises.
       (b) Covered Persons.--Subsection (a) applies to any person 
     who engages in a delivery

[[Page S2737]]

     sale, and who ships, sells, distributes, or receives any 
     quantity in excess of 10,000 cigarettes, or any quantity in 
     excess of 500 single-unit consumer-sized cans or packages of 
     smokeless tobacco, within a single month.
       (c) Relief.--
       (1) In general.--The district courts of the United States 
     shall have the authority in a civil action under this 
     subsection to compel inspections authorized by subsection 
     (a).
       (2) Violations.--Whoever violates subsection (a) or an 
     order issued pursuant to paragraph (1) shall be subject to a 
     civil penalty in an amount not to exceed $10,000 for each 
     violation.
       (d) Covered Provisions of Law.--The provisions of law 
     referred to in this subsection are--
       (1) the Act of October 19, 1949 (15 U.S.C. 375; commonly 
     referred to as the ``Jenkins Act'');
       (2) chapter 114 of title 18, United States Code; and
       (3) this title.
       (e) Delivery Sale Defined.--In this section, the term 
     ``delivery sale'' has the meaning given that term in 2343(e) 
     of title 18, United States Code, as amended by this title.

     SEC. __06. EXCLUSIONS REGARDING INDIAN TRIBES AND TRIBAL 
                   MATTERS.

       (a) In General.--Nothing in this title or the amendments 
     made by this title is intended nor shall be construed to 
     affect, amend, or modify--
       (1) any agreements, compacts, or other intergovernmental 
     arrangements between any State or local government and any 
     government of an 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)) relating to the collection 
     of taxes on cigarettes or smokeless tobacco sold in Indian 
     country (as that term is defined in section 1151 of title 18, 
     United States Code);
       (2) any State laws that authorize or otherwise pertain to 
     any such intergovernmental arrangements or create special 
     rules or procedures for the collection of State, local, or 
     tribal taxes on cigarettes or smokeless tobacco sold in 
     Indian country;
       (3) any limitations under existing Federal law, including 
     Federal common law and treaties, on State, local, and tribal 
     tax and regulatory authority with respect to the sale, use, 
     or distribution of cigarettes and smokeless tobacco by or to 
     Indian tribes or tribal members or in Indian country;
       (4) any existing Federal law, including Federal common law 
     and treaties, regarding State jurisdiction, or lack thereof, 
     over any tribe, tribal members, or tribal reservations; and
       (5) any existing State or local government authority to 
     bring enforcement actions against persons located in Indian 
     country.
       (b) Coordination of Law Enforcement.--Nothing in this title 
     or the amendments made by this title shall be construed to 
     inhibit or otherwise affect any coordinated law enforcement 
     effort by 1 or more States or other jurisdictions, including 
     Indian tribes, through interstate compact or otherwise, 
     that--
       (1) provides for the administration of tobacco product laws 
     or laws pertaining to interstate sales or other sales of 
     tobacco products;
       (2) provides for the seizure of tobacco products or other 
     property related to a violation of such laws; or
       (3) establishes cooperative programs for the administration 
     of such laws.
       (c) Treatment of State and Local Governments.--Nothing in 
     this title or the amendments made by this title is intended, 
     and shall not be construed to, authorize, deputize, or 
     commission States or local governments as instrumentalities 
     of the United States.
       (d) Enforcement Within Indian Country.--Nothing in this 
     title or the amendments made by this title is intended to 
     prohibit, limit, or restrict enforcement by the Attorney 
     General of the United States of the provisions herein within 
     Indian country.
       (e) Ambiguity.--Any ambiguity between the language of this 
     section or its application and any other provision of this 
     title shall be resolved in favor of this section.

     SEC. __07. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b), this 
     title shall take effect on the date that is 90 days after the 
     date of enactment of this Act.
       (b) BATFE Authority.--Section __05 shall take effect on the 
     date of enactment of this Act.

     SEC. __08. SEVERABILITY.

       If any provision of this title, or an amendment made by 
     this title, or the application thereof to any person or 
     circumstance is held invalid, the remainder of the title and 
     the application of it to any other person or circumstance 
     shall not be affected thereby.
                                 ______
                                 
  SA 363. Mr. ENSIGN proposed an amendment to amendment SA 275 proposed 
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 
S. 4, to make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
effectively, to improve homeland security, and for other purposes; as 
follows:

       On page 389, after line 13, add the following:

     SEC. 15__. LAW ENFORCEMENT ASSISTANCE FORCE.

       (a) Establishment.--The Secretary shall establish a Law 
     Enforcement Assistance Force to facilitate the contributions 
     of retired law enforcement officers and agents during major 
     disasters.
       (b) Eligible Participants.--An individual may participate 
     in the Law Enforcement Assistance Force if that individual--
       (1) has experience working as an officer or agent for a 
     public law enforcement agency and left that agency in good 
     standing;
       (2) holds current certifications for firearms, first aid, 
     and such other skills determined necessary by the Secretary;
       (3) submits to the Secretary an application, at such time, 
     in such manner, and accompanied by such information as the 
     Secretary may reasonably require, that authorizes the 
     Secretary to review the law enforcement service record of 
     that individual; and
       (4) meets such other qualifications as the Secretary may 
     require.
       (c) Liability; Supervision.--Each eligible participant 
     shall--
       (1) be protected from civil liability to the same extent as 
     employees of the Department; and
       (2) upon acceptance of an assignment under this section--
       (A) be detailed to a Federal, State, or local government 
     law enforcement agency;
       (B) work under the direct supervision of an officer or 
     agent of that agency; and
       (C) notwithstanding any State or local law requiring 
     specific qualifications for law enforcement officers, be 
     deputized to perform the duties of a law enforcement officer.
       (d) Mobilization.--
       (1) In general.--In the event of a major disaster, the 
     Secretary, after consultation with appropriate Federal, 
     State, and local government law enforcement agencies, may 
     request eligible participants to volunteer to assist the 
     efforts of those agencies responding to such emergency and 
     assign each willing participant to a specific law enforcement 
     agency.
       (2) Acceptance.--If the eligible participant accepts an 
     assignment under this subsection, that eligible participant 
     shall agree to remain in such assignment for a period equal 
     to not less than the shorter of--
       (A) the period during which the law enforcement agency 
     needs the services of such participant; or
       (B) 30 days; or
       (C) such other period of time agreed to between the 
     Secretary and the eligible participant.
       (3) Refusal.--An eligible participant may refuse an 
     assignment under this subsection without any adverse 
     consequences.
       (e) Expenses.--
       (1) In general.--Each eligible participant shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while carrying out an assignment under subsection (d).
       (2) Source of funds.--Expenses incurred under paragraph (1) 
     shall be paid from amounts appropriated to the Federal 
     Emergency Management Agency.
       (f) Termination of Assistance.--The availability of 
     eligible participants of the Law Enforcement Assistance Force 
     shall continue for a period equal to the shorter of--
       (1) the period of the major disaster; or
       (2) 1 year.
       (g) Definitions.--In this section--
       (1) the term ``eligible participant'' means an individual 
     participating in the Law Enforcement Assistance Force;
       (2) the term ``Law Enforcement Assistance Force'' means the 
     Law Enforcement Assistance Force established under subsection 
     (a); and
       (3) the term ``major disaster'' has the meaning given that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122).
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

                                 ______
                                 
  SA 364. Mrs. HUTCHISON submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill S. 4, to make the United States more 
secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively, to improve 
homeland security, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 138, between lines 6 and 7, insert the following:

     SEC. 401A. INCREASING THE DOMESTIC SUPPLY OF NURSES AND 
                   PHYSICAL THERAPISTS.

       (a) Report.--
       (1) In general.--Not later than January 1, 2008, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report on the shortage of nurses and physical 
     therapists educated in the United States.
       (2) Contents.--The report required by paragraph (1) shall--
       (A) include information from the most recent 3 years for 
     which data are available;
       (B) provide separate data for each occupation and for each 
     State;
       (C) separately identify the nurses and physical therapists 
     receiving initial licenses in each State and the nurses and 
     physical therapists licensed by endorsement from other 
     States;

[[Page S2738]]

       (D) identify, from among the nurses and physical therapists 
     receiving initial licenses in each year, the number of such 
     nurses and physical therapists who received professional 
     educations in the United States and the number of such nurses 
     and physical therapists who received professional educations 
     outside the United States;
       (E) to the extent possible, identify, by State of residence 
     and the country in which each nurse or physical therapist 
     received a professional education, the number of nurses and 
     physical therapists who received professional educations in 
     any of the 5 countries from which the highest number of 
     nurses and physical therapists emigrated to the United 
     States;
       (F) identify the barriers to increasing the supply of 
     nursing faculty in the United States, domestically trained 
     nurses, and domestically trained physical therapists;
       (G) recommend strategies for Federal and State governments 
     to reduce such barriers, including strategies that address 
     barriers that prevent health care workers, such as home 
     health aides and nurse's assistants, from advancing to become 
     registered nurses;
       (H) recommend amendments to Federal law to reduce the 
     barriers identified in subparagraph (F);
       (I) recommend Federal grants, loans, and other incentives 
     that would increase the supply of nursing faculty and 
     training facilities for nurses in the United States, and 
     recommend other steps to increase the number of nurses and 
     physical therapists who receive professional educations in 
     the United States;
       (J) identify the effects of emigration by nurses on the 
     health care systems in the countries of origin of such 
     nurses;
       (K) recommend amendments to Federal law to minimize the 
     effects of shortages of nurses in the countries of origin of 
     nurses who immigrate to the United States; and
       (L) report on the level of Federal investment determined 
     under subsection (b)(1) to be necessary to eliminate the 
     shortage of nurses and physical therapists in the United 
     States.
       (b) Consultation.--The Secretary of Health and Human 
     Services shall--
       (1) enter into a contract with the Institute of Medicine of 
     the National Academies to determine the level of Federal 
     investment under titles VII and VIII of the Public Health 
     Service Act (42 U.S.C. 292 et seq.) that would be necessary 
     to eliminate the shortage of nurses and physical therapists 
     in the United States by January 1, 2015; and
       (2) consult with other agencies in working with ministers 
     of health or other appropriate officials of the 5 countries 
     from which the highest number of nurses and physical 
     therapists emigrated, as reported under subsection (a)(2)(E), 
     to--
       (A) address shortages of nurses and physical therapists in 
     such countries caused by emigration; and
       (B) provide the technical assistance needed to reduce 
     further shortages of nurses and physical therapists in such 
     countries.
       (c) Recapture of Unused Employment-Based Immigrant Visas.--
     Section 106(d) of the American Competitiveness in the Twenty-
     first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 
     note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1996, 1997,'' after ``available in 
     fiscal year''; and
       (B) by inserting ``group I,'' after ``schedule A,'';
       (2) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
     after ``available in fiscal years''; and
       (3) by adding at the end the following:
       ``(4) Petitions.--The Secretary of Homeland Security shall 
     provide a process for reviewing and acting upon petitions 
     with respect to immigrants described in schedule A not later 
     than 30 days after the date on which a completed petition has 
     been filed.''.
                                 ______
                                 
  SA 365. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 148, between lines 7 and 8, insert the following:

     SEC. 406. IMPLEMENTATION OF THE WESTERN HEMISPHERE TRAVEL 
                   INITIATIVE.

       (a) Implementation of the Western Hemisphere Travel 
     Initiative After June 1, 2009.--Section 7209(b)(1)(A) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended--
       (1) by striking ``not later than three months'' and 
     inserting ``not earlier than 6 months'';
       (2) by striking ``subsection (B)'' and inserting 
     ``subparagraph (B)''; and
       (3) by striking ``whichever is earlier'' and inserting 
     ``whichever is later''.
       (b) ISO Standards for Card Readers.--Section 7209(b)(1)(B) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended--
       (1) in clause (vi), by striking ``and'';
       (2) in clause (vii), by striking the period and inserting 
     ``; and''; and
       (3) by inserting after clause (vii) the following new 
     clause:
       ``(viii) the National Institute of Standards and Technology 
     certifies that the Departments of Homeland Security and State 
     have selected card readers that meet or exceed such security 
     standards as the International Organization for 
     Standardization may establish.''.
       (c) Application of the Western Hemisphere Travel Initiative 
     to Children.--Section 7209(b)(2) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note) is amended--
       (1) by striking ``The plan'' and inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     the plan''; and
       (2) by inserting after subparagraph (A), as redesignated, 
     the following new subparagraph:
       ``(B) Application to children.--The plan developed under 
     paragraph (1) shall allow a citizen of the United States or 
     Canada to travel from Canada into the United States without 
     carrying or producing the documents described in paragraph 
     (1) if such citizen--
       ``(i) carries and produces a certified copy of such 
     citizen's birth certificate; and
       ``(ii) either--

       ``(I) has not attained age 16 and is traveling with the 
     consent of such citizen's parent or guardian; or
       ``(II) has attained age 16, but has not attained age 19, 
     and is traveling--

       ``(aa) with the consent of such citizen's parent or 
     guardian;
       ``(bb) with a group of other such citizens who have 
     attained age 16, but have not attained age 19, including a 
     public or private school group, a religious group, a social 
     or cultural organization, or a youth athletics organization; 
     and
       ``(cc) under the supervision of an adult carrying the 
     documents described in paragraph (1) for such adult.''.
       (d) Improving Registered Traveler Program.--
       (1) Creation of remote enrollment centers.--The Secretary 
     of Homeland Security, in consultation with appropriate 
     representatives of the Government of Canada, shall create a 
     minimum of 6 remote enrollment centers for the registered 
     traveler program authorized under section 286(q) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(q)), commonly 
     referred to as the NEXUS program.
       (2) Creation of mobile enrollment centers.--The Secretary 
     of Homeland Security, in consultation with appropriate 
     representatives of the Government of Canada, shall create a 
     minimum of 4 mobile enrollment centers for the program 
     described in paragraph (1). Such mobile enrollment centers 
     shall be used to accept and process applications in areas 
     currently underserved by such programs. The Secretary shall 
     work with State and local authorities in determining the 
     locations of such mobile enrollment centers.
       (3) Online application process.--The Secretary of Homeland 
     Security shall design an online application process for the 
     program described in paragraph (1). Such process shall permit 
     individuals to securely submit their applications online and 
     schedule a security interview at the nearest enrollment 
     center.
       (4) Promoting enrollment.--
       (A) Creating incentives for enrollment.--In order to 
     encourage applications for the program described in paragraph 
     (1), the Secretary of Homeland Security shall develop a plan 
     to charge participants a fee that is as low as practicable 
     for each card issued. The fee for the first renewal 
     application for participation in such program shall be 
     waived. The Secretary shall submit to the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report that explains the reasons for the fee 
     that is established.
       (B) Publicity campaign.--The Secretary shall carry out a 
     program to educate the public regarding the benefits of the 
     program described in paragraph (1).
       (5) Travel document for travel into united states.--For 
     purposes of the plan required under section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), an identification 
     card issued to a participant in the program described in 
     paragraph (1) shall be considered a document sufficient on 
     its own when produced to denote identity and citizenship for 
     travel into the United States by United States citizens and 
     by categories of individuals for whom documentation 
     requirements have previously been waived under section 
     212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(d)(4)(B)).
                                 ______
                                 
  SA 366. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MEDICAL ISOTOPE PRODUCTION.

       Section 134 b. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d(b)) is amended--

[[Page S2739]]

       (1) in paragraph (1), by striking subparagraph (D);
       (2) by striking paragraph (2);
       (3) in paragraph (3), by striking ``paragraph (2)'' and 
     inserting ``this section'';
       (4) in paragraph (4)--
       (A) in subparagraph (A)(iv), by striking ``cost 
     differential in medical isotope production in the reactors 
     and target processing facilities if the products'' and 
     inserting ``cost differential of radiopharmaceuticals to 
     patients if the radiopharmaceuticals''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Feasibility.--For the purpose of this subsection, the 
     use of low enriched uranium to produce medical isotopes shall 
     be determined to be feasible if it could be accomplished 
     without a large percentage increase in the cost of 
     radiopharmaceuticals to patients.'';
       (5) in paragraph (5), by striking ``(4)(B)(iii)'' and 
     inserting ``(4)(B)'';
       (6) in paragraph (6), by striking ``(4)(B)(iii)'' and 
     inserting ``(4)(B)''; and
       (7) in paragraph (7), by striking ``subsection'' and 
     inserting ``section for highly enriched uranium for medical 
     isotope production''.
                                 ______
                                 
  SA 367. Mr. SCHUMER submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 303, strike line 12 and all that follows through 
     page 305, line 18, and insert the following:
     of Transportation, shall develop a program to facilitate the 
     tracking of motor carrier shipments of high hazard materials, 
     as defined in this title, and to equip vehicles used in such 
     shipments with technology that provides--
       (A) frequent or continuous communications;
       (B) vehicle position location and tracking capabilities;
       (C) a feature that allows a driver of such vehicles to 
     broadcast an emergency message; and
       (D) a feature that can be concealed and installed by a 
     motor carrier on a commercial motor vehicle and can be 
     activated by a law enforcement authority to disable the 
     vehicle and alert emergency response resources to locate and 
     recover high hazard materials in the event of loss or theft 
     of such materials.
       (2) Considerations.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for motor carrier or high hazardous materials tracking at the 
     Department of Transportation;
       (B) take into consideration the recommendations and 
     findings of the report on the Hazardous Material Safety and 
     Security Operation Field Test released by the Federal Motor 
     Carrier Safety Administration on November 11, 2004; and
       (C) evaluate--
       (i) any new information related to the cost and benefits of 
     deploying and utilizing tracking technology for motor 
     carriers transporting high hazard materials not included in 
     the Hazardous Material Safety and Security Operation Field 
     Test Report released by the Federal Motor Carrier Safety 
     Administration on November 11, 2004;
       (ii) the ability of tracking technology to resist tampering 
     and disabling;
       (iii) the capability of tracking technology to collect, 
     display, and store information regarding the movement of 
     shipments of high hazard materials by commercial motor 
     vehicles; and
       (iv) the appropriate range of contact intervals between the 
     tracking technology and a commercial motor vehicle 
     transporting high hazard materials.
       (b) Regulations.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary, through the 
     Transportation Security Administration, shall promulgate 
     regulations to carry out the provisions of subsection (a).
       (c) Funding.--There are authorized to be appropriated to 
     the Secretary to carry out this section, $7,000,000 for each 
     of fiscal years 2008, 2009, and 2010, of which--
       (1) $3,000,000 per year may be used for equipment; and
       (2) $1,000,000 per year may be used for operations.
                                 ______
                                 
  SA 368. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title XI, add the following:

     SEC. 1104. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
                   DECLASSIFICATION BOARD.

       Section 21067 of the Continuing Appropriations Resolution, 
     2007 (division B of Public Law 109-289; 120 Stat. 1311), as 
     amended by Public Law 109-369 (120 Stat. 2642), Public Law 
     109-383 (120 Stat. 2678), and Public Law 110-5, is amended by 
     adding at the end the following new subsection:
       ``(c) From the amount provided by this section, the 
     National Archives and Records Administration may obligate 
     monies necessary to carry out the activities of the Public 
     Interest Declassification Board.''.
                                 ______
                                 
  SA 369. Mr. CARPER submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE __--PROTECTION OF FIREFIGHTERS

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Volunteer Firefighter and 
     EMS Personnel Job Protection Act''.

     SEC. _02. DEFINITIONS.

       In this title:
       (1) Emergency.--The term ``emergency'' has the meaning 
     given such term in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122).
       (2) Major disaster.--The term ``major disaster'' has the 
     meanings given such term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       (3) Qualified volunteer fire department.--The term 
     ``qualified volunteer fire department'' has the meaning given 
     such term in section 150(e) of the Internal Revenue Code of 
     1986.
       (4) Volunteer emergency medical services.--The term 
     ``volunteer emergency medical services'' means emergency 
     medical services performed on a voluntary basis for a fire 
     department or other emergency organization.
       (5) Volunteer firefighter.--The term ``volunteer 
     firefighter'' means an individual who is a member in good 
     standing of a qualified volunteer fire department.

     SEC. _03. TERMINATION OF EMPLOYMENT OF VOLUNTEER FIREFIGHTERS 
                   AND EMERGENCY MEDICAL PERSONNEL PROHIBITED.

       (a) Termination Prohibited.--No employee may be terminated, 
     demoted, or in any other manner discriminated against in the 
     terms and conditions of employment because such employee is 
     absent from or late to the employee's employment for the 
     purpose of serving as a volunteer firefighter or providing 
     volunteer emergency medical services as part of a response to 
     an emergency or major disaster.
       (b) Deployment.--The prohibition in subsection (a) shall 
     apply to an employee serving as a volunteer firefighter or 
     providing volunteer emergency medical services if such 
     employee--
       (1) is specifically deployed to respond to the emergency or 
     major disaster in accordance with a coordinated national 
     deployment system such as the Emergency Management Assistance 
     Compact or a pre-existing mutual aid agreement; or
       (2) is a volunteer firefighter who--
       (A) is a member of a qualified volunteer fire department 
     that is located in the State in which the emergency or major 
     disaster occurred;
       (B) is not a member of a qualified fire department that has 
     a mutual aid agreement with a community affected by such 
     emergency or major disaster; and
       (C) has been deployed by the emergency management agency of 
     such State to respond to such emergency or major disaster.
       (c) Limitations.--The prohibition in subsection (a) shall 
     not apply to an employee who--
       (1) is absent from the employee's employment for the 
     purpose described in subsection (a) for more than 14 days per 
     calendar year;
       (2) responds on the emergency or major disaster without 
     being officially deployed as described in subsection (b); or
       (3) fails to provide the written verification described in 
     subsection (e) within a reasonable period of time.
       (d) Withholding of Pay.--An employer may reduce an 
     employee's regular pay for any time that the employee is 
     absent from the employee's employment for the purpose 
     described in subsection (a).
       (e) Verification.--An employer may require an employee to 
     provide a written verification from the official of the 
     Federal Emergency Management Agency supervising the Federal 
     response to the emergency or major disaster or a local or 
     State official managing the local or State response to the 
     emergency or major disaster that states--
       (1) the employee responded to the emergency or major 
     disaster in an official capacity; and
       (2) the schedule and dates of the employee's participation 
     in such response.
       (f) Reasonable Notice Required.--An employee who may be 
     absent from or late to the

[[Page S2740]]

     employee's employment for the purpose described in subsection 
     (a) shall--
       (1) make a reasonable effort to notify the employee's 
     employer of such absence; and
       (2) continue to provide reasonable notifications over the 
     course of such absence.

     SEC. _04. RIGHT OF ACTION.

       (a) Right of Action.--An individual who has been 
     terminated, demoted, or in any other manner discriminated 
     against in the terms and conditions of employment in 
     violation of the prohibition described in section _03 may 
     bring, in a district court of the United States of 
     appropriate jurisdiction, a civil action against individual's 
     employer seeking--
       (1) reinstatement of the individual's former employment;
       (2) payment of back wages;
       (3) reinstatement of fringe benefits; and
       (4) if the employment granted seniority rights, 
     reinstatement of seniority rights.
       (b) Limitation.--The individual shall commence a civil 
     action under this section not later than 1 year after the 
     date of the violation of the prohibition described in section 
     _03.

     SEC. _05. STUDY AND REPORT.

       (a) Study.--The Secretary of Labor shall conduct a study on 
     the impact that this title could have on the employers of 
     volunteer firefighters or individuals who provide volunteer 
     emergency medical services and who may be called on to 
     respond to an emergency or major disaster.
       (b) Report.--Not later than 12 months after the date of the 
     enactment of this Act, the Secretary of Labor shall submit to 
     the appropriate congressional committees a report on the 
     study conducted under subsection (a).
       (c) Appropriate Congressional Committees.--In this section, 
     the term ``appropriate congressional committees'' means the 
     Committee on Health, Education, Labor, and Pensions and the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Education and the Workforce and 
     the Committee on Small Business of the House of 
     Representatives.
  SA. 370. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, 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 REGARDING A REPORT ON THE 9/11 
                   COMMISSION RECOMMENDATIONS WITH RESPECT TO 
                   INTELLIGENCE REFORM AND CONGRESSIONAL 
                   INTELLIGENCE OVERSIGHT REFORM.

       (a) Findings.--Congress makes the following findings:
       (1) The National Commission on Terrorist Attacks Upon the 
     United States (referred to in this section as the ``9/11 
     Commission'') conducted a lengthy review of the facts and 
     circumstances relating to the terrorist attacks of September 
     11, 2001, including those relating to the intelligence 
     community, law enforcement agencies, and the role of 
     congressional oversight and resource allocation.
       (2) In its final report, the 9/11 Commission found that--
       (A) congressional oversight of the intelligence activities 
     of the United States is dysfunctional;
       (B) under the rules of the Senate and the House of 
     Representatives in effect at the time the report was 
     completed, the committees of Congress charged with oversight 
     of the intelligence activities lacked the power, influence, 
     and sustained capability to meet the daunting challenges 
     faced by the intelligence community of the United States;
       (C) as long as such oversight is governed by such rules of 
     the Senate and the House of Representatives, the people of 
     the United States will not get the security they want and 
     need;
       (D) a strong, stable, and capable congressional committee 
     structure is needed to give the intelligence community of the 
     United States appropriate oversight, support, and leadership; 
     and
       (E) the reforms recommended by the 9/11 Commission in its 
     final report will not succeed if congressional oversight of 
     the intelligence community in the United States is not 
     changed.
       (3) The 9/11 Commission recommended structural changes to 
     Congress, including recommending that the committees of 
     Congress that are charged with oversight of the intelligence 
     community be provided with the authority to authorize and 
     appropriate funds for intelligence activities.
       (4) Congress has enacted some of the recommendations made 
     by the 9/11 Commission and is considering implementing 
     additional recommendations of the 9/11 Commission.
       (5) The House of Representatives, under the leadership of 
     the Speaker of the House, has implemented structural changes 
     within that body with respect to oversight of intelligence.
       (6) The Senate has not passed a resolution that expressly 
     grants and carefully limits the authority of the Select 
     Committee on Intelligence of the Senate to both authorize and 
     appropriate funds for activities carried out by the 
     intelligence community, as recommended by the 9/11 
     Commission.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate each should--
       (1) undertake a review of the recommendations made in the 
     final report of the 9/11 Commission with respect to 
     intelligence reform and congressional intelligence oversight 
     reform; and
       (2) not later than December 21, 2007, submit to the Senate 
     a report that includes the recommendations of the Committee, 
     if any, for carrying out such reforms.
                                 ______
                                 
  SA. 371. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, and 
Ms. Collins) to the bill S. 4, to make the United States more secure by 
implementing unfinished recommendations of the 9/11 Commission to fight 
the war on terror more effectively, to improve homeland security, and 
for other purposes; which was ordered to be on the table; as follows:

       On page 91, between lines 15 and 16, insert the following:
       ``(f) Emergency Planning for the Elderly.--
       ``(1) Definition.--In this subsection, the term `emergency' 
     has meaning given that term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       ``(2) Planning.--
       ``(A) In general.--The Secretary shall ensure that any 
     emergency planning program or activity that receives funds 
     under a grant administered by the Department specifically 
     takes into account the evacuation, transportation, health 
     care needs, and other needs of the elderly in the event of an 
     emergency or major disaster.
       ``(B) Considerations.--In carrying out subparagraph (A), 
     the Secretary shall consider--
       ``(i) the input of geriatricians and other gerontology 
     experts; and
       ``(ii) congressional hearing records on emergency planning 
     for the elderly.
       ``(3) Training.--The Secretary shall ensure that any 
     program or activity to train emergency response providers 
     (including law enforcement officers) regarding responding to 
     an emergency or major disaster that receives funds under a 
     grant administered by the Department includes specific 
     training components on the needs of the elderly.
       ``(4) Exercises.--The Secretary shall ensure that each 
     exercise designed to prepare for responding to an emergency 
     or major disaster conducted with funds received under a grant 
     administered by the Department includes, as a component of 
     the exercise, responding to the needs of the elderly.
       ``(5) Education.--The Secretary shall--
       ``(A) develop consumer education materials specifically 
     designed to assist the elderly in preparing themselves for 
     any sort of emergency; and
       ``(B) develop and distribute templates to local governments 
     (including emergency management agencies and community-based 
     service providers) that can be tailored to each community.
                                 ______
                                 
  SA. 372. Mr. FEINGOLD (for himself, Mr. Craig, Ms. Murkowski, Mr. 
Specter, Mr. Salazar, Mr. Durbin, Mr. Sununu, Mr. Leahy, and Mr. Hagel) 
submitted an amendment intended to be proposed to amendment SA 275 
proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to 
the bill S. 4, to make the United States more secure by implementing 
unfinished recommendations of the 9/11 Commission to fight the war on 
terror more effectively, to improve homeland security, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

       TITLE ___--WARRANTS, ORDERS, AND NATIONAL SECURITY LETTERS

     SEC. __01. LIMITATION ON REASONABLE PERIOD FOR DELAY.

       Section 3103a(b)(3) of title 18, United States Code, is 
     amended by striking ``30 days'' and inserting ``7 days''.

     SEC. __02. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 
                   SECURITY LETTERS.

       (a) FISA.--Section 501(f)(2) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i)--
       (i) by striking ``a production order'' the first place that 
     term appears and inserting ``a production order or 
     nondisclosure order''; and
       (ii) by striking ``Not less than 1 year'' and all that 
     follows through the end of the clause; and
       (B) in clause (ii), by striking ``production order or 
     nondisclosure''; and
       (2) in subparagraph (C), by striking clause (ii) and 
     redesignating clause (iii) as clause (ii).
       (b) Judicial Review of National Security Letters.--Section 
     3511(b) of title 18, United States Code, is amended--
       (1) in paragraph (2), by striking ``If, at the time of the 
     petition,'' and all that follows through the end of the 
     paragraph; and

[[Page S2741]]

       (2) in paragraph (3), by striking ``If the recertification 
     that disclosure may'' and all that follows through ``made in 
     bad faith.''.

     SEC. __03. FACTUAL BASIS FOR REQUESTED ORDER.

       Section 501(b)(2)(A) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)(A)) is amended 
     to read as follows:
       ``(A) a statement of facts showing that there are 
     reasonable grounds to believe that the records or other 
     things sought--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) conducted in accordance with 
     subsection (a)(2) to obtain foreign intelligence information 
     not concerning a United States person or to protect against 
     international terrorism or clandestine intelligence 
     activities; and
       ``(ii) either--

       ``(I) pertain to a foreign power or an agent of a foreign 
     power;
       ``(II) are relevant to the activities of a suspected agent 
     of a foreign power who is the subject of such authorized 
     investigation; or
       ``(III) pertain to an individual in contact with, or known 
     to, a suspected agent of a foreign power; and''.

     SEC. __04. NATIONAL SECURITY LETTER SUNSET.

       Section 102 of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 
     194) is amended by adding at the end the following:
       ``(c) Other Sunsets.--
       ``(1) In general.--Effective December 31, 2009, the 
     following provisions are amended so that they read as they 
     read on February 27, 2006:
       ``(A) Section 2709 of title 18, United States Code.
       ``(B) Sections 626 and 627 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681u and 1681v).
       ``(C) Section 1114 of the Right to Financial Privacy Act 
     (12 U.S.C. 3414).
       ``(D) Section 802 of the National Security Act of 1947 (50 
     U.S.C. 436).
       ``(2) Exception.--With respect to any particular foreign 
     intelligence investigation that began before the date on 
     which the provisions referred to in paragraph (1) cease to 
     have effect, or with respect to any particular offense or 
     potential offense that began or occurred before the date on 
     which such provisions cease to have effect, such provisions 
     shall continue in effect.''.

                          ____________________