[Congressional Record Volume 153, Number 120 (Wednesday, July 25, 2007)]
[Senate]
[Pages S9929-S9982]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2402. Mr. REID (for Mr. Levin (for himself, Mr. Akaka, Mr. McCain, 
Mr. Warner, Mrs. Murray, Mr. Graham, Mr. Kennedy, Mr. Sessions, Mr. 
Rockefeller, Ms. Collins, Mr. Byrd, Mr. Chambliss, Mr. Obama, Mrs. 
Dole, Mr. Lieberman, Mr. Cornyn, Mr. Sanders, Mr. Thune, Mr. Reed, Mr. 
Martinez, Mr. Brown, Mr. Nelson of Florida, Mr. Tester, Mr. Nelson of 
Nebraska, Mr. Bayh, Mrs. Clinton, Mr. Pryor, Mr. Webb, Mrs. McCaskill, 
Mr. Durbin, Ms. Stabenow, Ms. Mikulski, Mr. Cardin, Mr. Biden, Mr. 
Bingaman, Mr. Harkin, Mr. Bond, Mr. Isakson, Mr. Salazar, Ms. 
Klobuchar, Mr. Whitehouse, Mr. Lott, Mr. Dodd, Mrs. Hutchison, Mr. 
Coleman, Mr. Inhofe, Ms. Landrieu, Mr. Specter, Mr. Menendez, Mr. 
Hagel, Mr. Schumer, and Mr. Dorgan)) submitted an amendment intended to 
be proposed by Mr. Reid to the bill H.R. 1538, to amend title 10, 
United States Code, to improve the management of medical care, 
personnel actions, and quality of life issues for members of the Armed 
Forces who are receiving medical care in an outpatient status, and for 
other purposes; as follows:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Dignified 
     Treatment of Wounded Warriors Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--WOUNDED WARRIOR MATTERS

Sec. 101. General definitions.

       Subtitle A--Policy on Care, Management, and Transition of 
           Servicemembers With Serious Injuries or Illnesses

Sec. 111. Comprehensive policy on care, management, and transition of 
              members of the Armed Forces with serious injuries or 
              illnesses.
Sec. 112. Consideration of needs of women members of the Armed Forces 
              and veterans.

                        Subtitle B--Health Care

        PART I--Enhanced Availability of Care for Servicemembers

Sec. 121. Medical care and other benefits for members and former 
              members of the Armed Forces with severe injuries or 
              illnesses.
Sec. 122. Reimbursement of certain former members of the uniformed 
              services with service-connected disabilities for travel 
              for follow-on specialty care and related services.

               PART II--CARE AND SERVICES FOR DEPENDENTS

Sec. 126. Medical care and services and support services for families 
              of members of the Armed Forces recovering from serious 
              injuries or illnesses.
Sec. 127. Extended benefits under TRICARE for primary caregivers of 
              members of the uniformed services who incur a serious 
              injury or illness on active duty.

  PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

Sec. 131. Comprehensive plans on prevention, diagnosis, mitigation, and 
              treatment of traumatic brain injury and post-traumatic 
              stress disorder in members of the Armed Forces.
Sec. 132. Improvement of medical tracking system for members of the 
              Armed Forces deployed overseas.
Sec. 133. Centers of excellence in the prevention, diagnosis, 
              mitigation, treatment, and rehabilitation of traumatic 
              brain injury and post-traumatic stress disorder.
Sec. 134. Review of mental health services and treatment for female 
              members of the Armed Forces and veterans.
Sec. 135. Funding for improved diagnosis, treatment, and rehabilitation 
              of members of the Armed Forces with traumatic brain 
              injury or post-traumatic stress disorder.
Sec. 136. Reports.

                         PART IV--OTHER MATTERS

Sec. 141. Joint electronic health record for the Department of Defense 
              and Department of Veterans Affairs.
Sec. 142. Enhanced personnel authorities for the Department of Defense 
              for health care professionals for care and treatment of 
              wounded and injured members of the Armed Forces.
Sec. 143. Personnel shortages in the mental health workforce of the 
              Department of Defense, including personnel in the mental 
              health workforce.

                     Subtitle C--Disability Matters

                     PART I--DISABILITY EVALUATIONS

Sec. 151. Utilization of veterans' presumption of sound condition in 
              establishing eligibility of members of the Armed Forces 
              for retirement for disability.
Sec. 152. Requirements and limitations on Department of Defense 
              determinations of disability with respect to members of 
              the Armed Forces.
Sec. 153. Review of separation of members of the Armed Forces separated 
              from service with a disability rating of 20 percent 
              disabled or less.
Sec. 154. Pilot programs on revised and improved disability evaluation 
              system for members of the Armed Forces.
Sec. 155. Reports on Army action plan in response to deficiencies in 
              the Army physical disability evaluation system.

                   PART II--OTHER DISABILITY MATTERS

Sec. 161. Enhancement of disability severance pay for members of the 
              Armed Forces.
Sec. 162. Traumatic Servicemembers' Group Life Insurance.
Sec. 163. Electronic transfer from the Department of Defense to the 
              Department of Veterans Affairs of documents supporting 
              eligibility for benefits.
Sec. 164. Assessments of temporary disability retired list.

         Subtitle D--Improvement of Facilities Housing Patients

Sec. 171. Standards for military medical treatment facilities, 
              specialty medical care facilities, and military quarters 
              housing patients.
Sec. 172. Reports on Army action plan in response to deficiencies 
              identified at Walter Reed Army Medical Center.
Sec. 173. Construction of facilities required for the closure of Walter 
              Reed Army Medical Center, District of Columbia.

        Subtitle E--Outreach and Related Information on Benefits

Sec. 181. Handbook for members of the Armed Forces on compensation and 
              benefits available for serious injuries and illnesses.

[[Page S9930]]

                       Subtitle F--Other Matters

Sec. 191. Study on physical and mental health and other readjustment 
              needs of members and former members of the Armed Forces 
              who deployed in Operation Iraqi Freedom and Operation 
              Enduring Freedom and their families.

                       TITLE II--VETERANS MATTERS

Sec. 201. Sense of Congress on Department of Veterans Affairs efforts 
              in the rehabilitation and reintegration of veterans with 
              traumatic brain injury.
Sec. 202. Individual rehabilitation and community reintegration plans 
              for veterans and others with traumatic brain injury.
Sec. 203. Use of non-Department of Veterans Affairs facilities for 
              implementation of rehabilitation and community 
              reintegration plans for traumatic brain injury.
Sec. 204. Research, education, and clinical care program on severe 
              traumatic brain injury.
Sec. 205. Pilot program on assisted living services for veterans with 
              traumatic brain injury.
Sec. 206. Research on traumatic brain injury.
Sec. 207. Age-appropriate nursing home care.
Sec. 208. Extension of period of eligibility for health care for combat 
              service in the Persian Gulf war or future hostilities.
Sec. 209. Mental health: service-connection status and evaluations for 
              certain veterans.
Sec. 210. Modification of requirements for furnishing outpatient dental 
              services to veterans with a service-connected dental 
              condition or disability.
Sec. 211. Demonstration program on preventing veterans at-risk of 
              homelessness from becoming homeless.
Sec. 212. Clarification of purpose of the outreach services program of 
              the Department of Veterans Affairs.

                    TITLE I--WOUNDED WARRIOR MATTERS

     SEC. 101. GENERAL DEFINITIONS.

       In this title:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committees on Armed Services and Veterans' Affairs 
     of the Senate; and
       (B) the Committees on Armed Services and Veterans' Affairs 
     of the House of Representatives.
       (2) The term ``covered member of the Armed Forces'' means a 
     member of the Armed Forces, including a member of the 
     National Guard or a Reserve, who is undergoing medical 
     treatment, recuperation, or therapy, is otherwise in medical 
     hold or medical holdover status, or is otherwise on the 
     temporary disability retired list for a serious injury or 
     illness.
       (3) The term ``family member'', with respect to a member of 
     the Armed Forces or a veteran, has the meaning given that 
     term in section 411h(b) of title 37, United States Code.
       (4) The term ``medical hold or medical holdover status'' 
     means--
       (A) the status of a member of the Armed Forces, including a 
     member of the National Guard or Reserve, assigned or attached 
     to a military hospital for medical care; and
       (B) the status of a member of a reserve component of the 
     Armed Forces who is separated, whether pre-deployment or 
     post-deployment, from the member's unit while in need of 
     health care based on a medical condition identified while the 
     member is on active duty in the Armed Forces.
       (5) The term ``serious injury or illness'', in the case of 
     a member of the Armed Forces, means an injury or illness 
     incurred by the member in line of duty on active duty in the 
     Armed Forces that may render the member medically unfit to 
     perform the duties of the member's office, grade, rank, or 
     rating.
       (6) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.

       Subtitle A--Policy on Care, Management, and Transition of 
           Servicemembers With Serious Injuries or Illnesses

     SEC. 111. COMPREHENSIVE POLICY ON CARE, MANAGEMENT, AND 
                   TRANSITION OF MEMBERS OF THE ARMED FORCES WITH 
                   SERIOUS INJURIES OR ILLNESSES.

       (a) Comprehensive Policy Required.--
       (1) In general.--Not later than January 1, 2008, the 
     Secretary of Defense and the Secretary of Veterans Affairs 
     shall, to the extent feasible, jointly develop and implement 
     a comprehensive policy on the care and management of members 
     of the Armed Forces who are undergoing medical treatment, 
     recuperation, or therapy, are otherwise in medical hold or 
     medical holdover status, or are otherwise on the temporary 
     disability retired list for a serious injury or illness 
     (hereafter in this section referred to as a ``covered 
     servicemembers'').
       (2) Scope of policy.--The policy shall cover each of the 
     following:
       (A) The care and management of covered servicemembers while 
     in medical hold or medical holdover status or on the 
     temporary disability retired list.
       (B) The medical evaluation and disability evaluation of 
     covered servicemembers.
       (C) The return of covered servicemembers to active duty 
     when appropriate.
       (D) The transition of covered servicemembers from receipt 
     of care and services through the Department of Defense to 
     receipt of care and services through the Department of 
     Veterans Affairs.
       (3) Consultation.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall develop the policy in 
     consultation with the heads of other appropriate departments 
     and agencies of the Federal Government and with appropriate 
     non-governmental organizations having an expertise in matters 
     relating to the policy.
       (4) Update.--The Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly update the policy on a 
     periodic basis, but not less often than annually, in order to 
     incorporate in the policy, as appropriate, the results of the 
     reviews under subsections (b) and (c) and the best practices 
     identified through pilot programs under section 154.
       (b) Review of Current Policies and Procedures.--
       (1) Review required.--In developing the policy required by 
     this section, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall, to the extent necessary, jointly and 
     separately conduct a review of all policies and procedures of 
     the Department of Defense and the Department of Veterans 
     Affairs that apply to, or shall be covered by, the policy.
       (2) Purpose.--The purpose of the review shall be to 
     identify the most effective and patient-oriented approaches 
     to care and management of covered servicemembers for purposes 
     of--
       (A) incorporating such approaches into the policy; and
       (B) extending such approaches, where applicable, to care 
     and management of other injured or ill members of the Armed 
     Forces and veterans.
       (3) Elements.--In conducting the review, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall--
       (A) identify among the policies and procedures described in 
     paragraph (1) best practices in approaches to the care and 
     management described in that paragraph;
       (B) identify among such policies and procedures existing 
     and potential shortfalls in such care and management 
     (including care and management of covered servicemembers on 
     the temporary disability retired list), and determine means 
     of addressing any shortfalls so identified;
       (C) determine potential modifications of such policies and 
     procedures in order to ensure consistency and uniformity 
     among the military departments and the regions of the 
     Department of Veterans Affairs in their application and 
     discharge; and
       (D) develop recommendations for legislative and 
     administrative action necessary to implement the results of 
     the review.
       (4) Deadline for completion.--The review shall be completed 
     not later than 90 days after the date of the enactment of 
     this Act.
       (c) Consideration of Findings, Recommendations, and 
     Practices.--In developing the policy required by this 
     section, the Secretary of Defense and the Secretary of 
     Veterans Affairs shall take into account the following:
       (1) The findings and recommendations of applicable studies, 
     reviews, reports, and evaluations that address matters 
     relating to the policy, including, but not limited, to the 
     following:
       (A) The Independent Review Group on Rehabilitative Care and 
     Administrative Processes at Walter Reed Army Medical Center 
     and National Naval Medical Center appointed by the Secretary 
     of Defense.
       (B) The Secretary of Veterans Affairs Task Force on 
     Returning Global War on Terror Heroes appointed by the 
     President.
       (C) The President's Commission on Care for America's 
     Returning Wounded Warriors.
       (D) The Veterans' Disability Benefits Commission 
     established by title XV of the National Defense Authorization 
     Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 
     38 U.S.C. 1101 note).
       (E) The President's Commission on Veterans' Pensions, of 
     1956, chaired by General Omar N. Bradley.
       (F) The Report of the Congressional Commission on 
     Servicemembers and Veterans Transition Assistance, of 1999, 
     chaired by Anthony J. Principi.
       (G) The President's Task Force to Improve Health Care 
     Delivery for Our Nation's Veterans, of March 2003.
       (2) The experience and best practices of the Department of 
     Defense and the military departments on matters relating to 
     the policy.
       (3) The experience and best practices of the Department of 
     Veterans Affairs on matters relating to the policy.
       (4) Such other matters as the Secretary of Defense and the 
     Secretary of Veterans Affairs consider appropriate.
       (d) Particular Elements of Policy.--The policy required by 
     this section shall provide, in particular, the following:
       (1) Responsibility for covered servicemembers in medical 
     hold or medical holdover status or on temporary disability 
     retired list.--Mechanisms to ensure responsibility for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list, including 
     the following:
       (A) Uniform standards for access of covered servicemembers 
     to non-urgent health care services from the Department of 
     Defense or other providers under the TRICARE program, with 
     such access to be--

[[Page S9931]]

       (i) for follow-up care, within 2 days of request of care;
       (ii) for specialty care, within 3 days of request of care;
       (iii) for diagnostic referrals and studies, within 5 days 
     of request; and
       (iv) for surgery based on a physician's determination of 
     medical necessity, within 14 days of request.
       (B) Requirements for the assignment of adequate numbers of 
     personnel for the purpose of responsibility for and 
     administration of covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list.
       (C) Requirements for the assignment of adequate numbers of 
     medical personnel and non-medical personnel to roles and 
     responsibilities for caring for and administering covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, and a description 
     of the roles and responsibilities of personnel so assigned.
       (D) Guidelines for the location of care for covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, which guidelines 
     shall address the assignment of such servicemembers to care 
     and residential facilities closest to their duty station or 
     home of record or the location of their designated caregiver 
     at the earliest possible time.
       (E) Criteria for work and duty assignments of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including a 
     prohibition on the assignment of duty to a servicemember 
     which is incompatible with the servicemember's medical 
     condition.
       (F) Guidelines for the provision of care and counseling for 
     eligible family members of covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list.
       (G) Requirements for case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list, including 
     qualifications for personnel providing such case management.
       (H) Requirements for uniform quality of care and 
     administration for all covered servicemembers in medical hold 
     or medical holdover status or on the temporary disability 
     retired list, whether members of the regular components of 
     the Armed Forces or members of the reserve components of the 
     Armed Forces.
       (I) Standards for the conditions and accessibility of 
     residential facilities for covered servicemembers in medical 
     hold or medical holdover status or on the temporary 
     disability retired list who are in outpatient status, and for 
     their immediate family members.
       (J) Requirements on the provision of transportation and 
     subsistence for covered servicemembers in medical hold or 
     medical holdover status or on the temporary disability 
     retired list, whether in inpatient status or outpatient 
     status, to facilitate obtaining needed medical care and 
     services.
       (K) Requirements on the provision of educational and 
     vocational training and rehabilitation opportunities for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list.
       (L) Procedures for tracking and informing covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list about medical 
     evaluation board and physical disability evaluation board 
     processing.
       (M) Requirements for integrated case management of covered 
     servicemembers in medical hold or medical holdover status or 
     on the temporary disability retired list during their 
     transition from care and treatment through the Department of 
     Defense to care and treatment through the Department of 
     Veterans Affairs.
       (N) Requirements and standards for advising and training, 
     as appropriate, family members with respect to care for 
     covered servicemembers in medical hold or medical holdover 
     status or on the temporary disability retired list with 
     serious medical conditions, particularly traumatic brain 
     injury (TBI), burns, and post-traumatic stress disorder 
     (PTSD).
       (O) Requirements for periodic reassessments of covered 
     servicemembers, and limits on the length of time such 
     servicemembers may be retained in medical hold or medical 
     holdover status or on the temporary disability retired list.
       (P) Requirements to inform covered servicemembers and their 
     family members of their rights and responsibilities while in 
     medical hold or medical holdover status or on the temporary 
     disability retired list.
       (Q) The requirement to establish a Department of Defense-
     wide Ombudsman Office within the Office of the Secretary of 
     Defense to provide oversight of the ombudsman offices in the 
     military departments and policy guidance to such offices with 
     respect to providing assistance to, and answering questions 
     from, covered servicemembers and their families.
       (2) Medical evaluation and physical disability evaluation 
     for covered servicemembers.--
       (A) Medical evaluations.--Processes, procedures, and 
     standards for medical evaluations of covered servicemembers, 
     including the following:
       (i) Processes for medical evaluations of covered 
     servicemembers that are--

       (I) applicable uniformly throughout the military 
     departments; and
       (II) applicable uniformly with respect to such 
     servicemembers who are members of the regular components of 
     the Armed Forces and such servicemembers who are members of 
     the National Guard and Reserve.

       (ii) Standard criteria and definitions for determining the 
     achievement for covered servicemembers of the maximum medical 
     benefit from treatment and rehabilitation.
       (iii) Standard timelines for each of the following:

       (I) Determinations of fitness for duty of covered 
     servicemembers.
       (II) Specialty consultations for covered servicemembers.
       (III) Preparation of medical documents for covered 
     servicemembers.
       (IV) Appeals by covered servicemembers of medical 
     evaluation determinations, including determinations of 
     fitness for duty.

       (iv) Uniform standards for qualifications and training of 
     medical evaluation board personnel, including physicians, 
     case workers, and physical disability evaluation board 
     liaison officers, in conducting medical evaluations of 
     covered servicemembers.
       (v) Standards for the maximum number of medical evaluation 
     cases of covered servicemembers that are pending before a 
     medical evaluation board at any one time, and requirements 
     for the establishment of additional medical evaluation boards 
     in the event such number is exceeded.
       (vi) Uniform standards for information for covered 
     servicemembers, and their families, on the medical evaluation 
     board process and the rights and responsibilities of such 
     servicemembers under that process, including a standard 
     handbook on such information.
       (B) Physical disability evaluations.--Processes, 
     procedures, and standards for physical disability evaluations 
     of covered servicemembers, including the following:
       (i) A non-adversarial process of the Department of Defense 
     and the Department of Veterans Affairs for disability 
     determinations of covered servicemembers.
       (ii) To the extent feasible, procedures to eliminate 
     unacceptable discrepancies among disability ratings assigned 
     by the military departments and the Department of Veterans 
     Affairs, particularly in the disability evaluation of covered 
     servicemembers, which procedures shall be subject to the 
     following requirements and limitations:

       (I) Such procedures shall apply uniformly with respect to 
     covered servicemembers who are members of the regular 
     components of the Armed Forces and covered servicemembers who 
     are members of the National Guard and Reserve.
       (II) Under such procedures, each Secretary of a military 
     department shall, to the extent feasible, utilize the 
     standard schedule for rating disabilities in use by the 
     Department of Veterans Affairs, including any applicable 
     interpretation of such schedule by the United States Court of 
     Appeals for Veterans Claims, in making any determination of 
     disability of a covered servicemember.

       (iii) Standard timelines for appeals of determinations of 
     disability of covered servicemembers, including timelines for 
     presentation, consideration, and disposition of appeals.
       (iv) Uniform standards for qualifications and training of 
     physical disability evaluation board personnel in conducting 
     physical disability evaluations of covered servicemembers.
       (v) Standards for the maximum number of physical disability 
     evaluation cases of covered servicemembers that are pending 
     before a physical disability evaluation board at any one 
     time, and requirements for the establishment of additional 
     physical disability evaluation boards in the event such 
     number is exceeded.
       (vi) Procedures for the provision of legal counsel to 
     covered servicemembers while undergoing evaluation by a 
     physical disability evaluation board.
       (vii) Uniform standards on the roles and responsibilities 
     of case managers, servicemember advocates, and judge 
     advocates assigned to covered servicemembers undergoing 
     evaluation by a physical disability board, and uniform 
     standards on the maximum number of cases involving such 
     servicemembers that are to be assigned to such managers and 
     advocates.
       (C) Return of covered servicemembers to active duty.--
     Standards for determinations by the military departments on 
     the return of covered servicemembers to active duty in the 
     Armed Forces.
       (D) Transition of covered servicemembers from dod to va.--
     Processes, procedures, and standards for the transition of 
     covered servicemembers from care and treatment by the 
     Department of Defense to care and treatment by the Department 
     of Veterans Affairs before, during, and after separation from 
     the Armed Forces, including the following:
       (i) A uniform, patient-focused policy to ensure that the 
     transition occurs without gaps in medical care and the 
     quality of medical care, benefits, and services.
       (ii) Procedures for the identification and tracking of 
     covered servicemembers during the transition, and for the 
     coordination of care and treatment of such servicemembers 
     during the transition, including a system of cooperative case 
     management of such servicemembers by the Department of 
     Defense and the Department of Veterans Affairs during the 
     transition.

[[Page S9932]]

       (iii) Procedures for the notification of Department of 
     Veterans Affairs liaison personnel of the commencement by 
     covered servicemembers of the medical evaluation process and 
     the physical disability evaluation process.
       (iv) Procedures and timelines for the enrollment of covered 
     servicemembers in applicable enrollment or application 
     systems of the Department of Veterans with respect to health 
     care, disability, education, vocational rehabilitation, or 
     other benefits.
       (v) Procedures to ensure the access of covered 
     servicemembers during the transition to vocational, 
     educational, and rehabilitation benefits available through 
     the Department of Veterans Affairs.
       (vi) Standards for the optimal location of Department of 
     Defense and Department of Veterans Affairs liaison and case 
     management personnel at military medical treatment 
     facilities, medical centers, and other medical facilities of 
     the Department of Defense.
       (vii) Standards and procedures for integrated medical care 
     and management for covered servicemembers during the 
     transition, including procedures for the assignment of 
     medical personnel of the Department of Veterans Affairs to 
     Department of Defense facilities to participate in the needs 
     assessments of such servicemembers before, during, and after 
     their separation from military service.
       (viii) Standards for the preparation of detailed plans for 
     the transition of covered servicemembers from care and 
     treatment by the Department of Defense to care and treatment 
     by the Department of Veterans Affairs, which plans shall be 
     based on standardized elements with respect to care and 
     treatment requirements and other applicable requirements.
       (E) Other matters.--The following additional matters with 
     respect to covered servicemembers:
       (i) Access by the Department of Veterans Affairs to the 
     military health records of covered servicemembers who are 
     receiving care and treatment, or are anticipating receipt of 
     care and treatment, in Department of Veterans Affairs health 
     care facilities.
       (ii) Requirements for utilizing, in appropriate cases, a 
     single physical examination that meets requirements of both 
     the Department of Defense and the Department of Veterans 
     Affairs for covered servicemembers who are being retired, 
     separated, or released from military service.
       (iii) Surveys and other mechanisms to measure patient and 
     family satisfaction with the provision by the Department of 
     Defense and the Department of Veterans Affairs of care and 
     services for covered servicemembers, and to facilitate 
     appropriate oversight by supervisory personnel of the 
     provision of such care and services.
       (3) Report on reduction in disability ratings by the 
     department of defense.--The Secretary of Defense shall submit 
     a report to the Committees on Armed Services of the Senate 
     and House of Representatives on the number of instances in 
     which a disability rating assigned to a member of the Armed 
     Forces by an informal physical evaluation board of the 
     Department of Defense was reduced upon appeal, and the 
     reasons for such reduction. Such report shall cover the 
     period beginning October 7, 2001, and ending September 30, 
     2006, and shall be submitted to the appropriate committees of 
     Congress by February 1, 2008.
       (e) Reports.--
       (1) Report on policy.--Upon the development of the policy 
     required by this section but not later than January 1, 2008, 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly submit to the appropriate committees of 
     Congress a report on the policy, including a comprehensive 
     and detailed description of the policy and of the manner in 
     which the policy addresses the findings and recommendations 
     of the reviews under subsections (b) and (c).
       (2) Reports on update.--Upon updating the policy under 
     subsection (a)(4), the Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly submit to the appropriate 
     committees of Congress a report on the update of the policy, 
     including a comprehensive and detailed description of such 
     update and of the reasons for such update.
       (f) Comptroller General Assessment of Implementation.--Not 
     later than six months after the date of the enactment of this 
     Act and every year thereafter, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report setting forth the assessment of the 
     Comptroller General of the progress of the Secretary of 
     Defense and the Secretary of Veterans Affairs in developing 
     and implementing the policy required by this section.

     SEC. 112. CONSIDERATION OF NEEDS OF WOMEN MEMBERS OF THE 
                   ARMED FORCES AND VETERANS.

       (a) In General.--In developing and implementing the policy 
     required by section 111, and in otherwise carrying out any 
     other provision of this title or any amendment made by this 
     title, the Secretary of Defense and the Secretary of Veterans 
     Affairs shall take into account and fully address any unique 
     specific needs of women members of the Armed Forces and women 
     veterans under such policy or other provision.
       (b) Reports.--In submitting any report required by this 
     title or an amendment made by this title, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall, to the 
     extent applicable, include a description of the manner in 
     which the matters covered by such report address the unique 
     specific needs of women members of the Armed Forces and women 
     veterans.

                        Subtitle B--Health Care

        PART I--ENHANCED AVAILABILITY OF CARE FOR SERVICEMEMBERS

     SEC. 121. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND 
                   FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE 
                   INJURIES OR ILLNESSES.

       (a) Medical and Dental Care for Members and Former 
     Members.--
       (1) In general.--Effective as of the date of the enactment 
     of this Act and subject to regulations prescribed by the 
     Secretary of Defense, any covered member of the Armed Forces, 
     and any former member of the Armed Forces, with a severe 
     injury or illness is entitled to medical and dental care in 
     any facility of the uniformed services under section 1074(a) 
     of title 10, United States Code, or through any civilian 
     health care provider authorized by the Secretary to provide 
     health and mental health services to members of the uniformed 
     services, including traumatic brain injury (TBI) and post-
     traumatic stress disorder (PTSD), as if such member or former 
     member were a member of the uniformed services described in 
     paragraph (2) of such section who is entitled to medical and 
     dental care under such section.
       (2) Period of authorized care.--(A) Except as provided in 
     subparagraph (B), a member or former member described in 
     paragraph (1) is entitled to care under that paragraph--
       (i) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated during 
     the period beginning on October 7, 2001, and ending on the 
     date of the enactment of this Act, during the three-year 
     period beginning on the date of the enactment of this Act, 
     except that no compensation is payable by reason of this 
     subsection for any period before the date of the enactment of 
     this Act; or
       (ii) in the case of a member or former member whose severe 
     injury or illness concerned is incurred or aggravated on or 
     after the date of the enactment of this Act, during the 
     three-year period beginning on the date on which such injury 
     or illness is so incurred or aggravated.
       (B) The period of care authorized for a member or former 
     member under this paragraph may be extended by the Secretary 
     concerned for an additional period of up to two years if the 
     Secretary concerned determines that such extension is 
     necessary to assure the maximum feasible recovery and 
     rehabilitation of the member or former member. Any such 
     determination shall be made on a case-by-case basis.
       (3) Integrated care management.--The Secretary of Defense 
     shall provide for a program of integrated care management in 
     the provision of care and services under this subsection, 
     which management shall be provided by appropriate medical and 
     case management personnel of the Department of Defense and 
     the Department of Veterans Affairs (as approved by the 
     Secretary of Veterans Affairs) and with appropriate support 
     from the Department of Defense regional health care support 
     contractors.
       (4) Waiver of limitations to maximize care.--The Secretary 
     of Defense may, in providing medical and dental care to a 
     member or former member under this subsection during the 
     period referred to in paragraph (2), waive any limitation 
     otherwise applicable under chapter 55 of title 10, United 
     States Code, to the provision of such care to the member or 
     former member if the Secretary considers the waiver 
     appropriate to assure the maximum feasible recovery and 
     rehabilitation of the member or former member.
       (5) Construction with eligibility for veterans benefits.--
     Nothing in this subsection shall be construed to reduce, 
     alter, or otherwise affect the eligibility or entitlement of 
     a member or former member of the Armed Forces to any health 
     care, disability, or other benefits to which the member of 
     former member would otherwise be eligible or entitled as a 
     veteran under the laws administered by the Secretary of 
     Veterans Affairs.
       (6) Sunset.--The Secretary of Defense may not provide 
     medical or dental care to a member or former member of the 
     Armed Forces under this subsection after December 31, 2012, 
     if the Secretary has not provided medical or dental care to 
     the member or former member under this subsection before that 
     date.
       (b) Rehabilitation and Vocational Benefits.--
       (1) In general.--Effective as of the date of the enactment 
     of this Act, a member of the Armed Forces with a severe 
     injury or illness is entitled to such benefits (including 
     rehabilitation and vocational benefits, but not including 
     compensation) from the Secretary of Veterans Affairs to 
     facilitate the recovery and rehabilitation of such member as 
     the Secretary otherwise provides to members of the Armed 
     Forces receiving medical care in medical facilities of the 
     Department of Veterans Affairs facilities in order to 
     facilitate the recovery and rehabilitation of such members.
       (2) Limitations.--The provisions of paragraphs (2) through 
     (6) of subsection (a) shall apply to the provision of 
     benefits under this subsection as if the benefits provided 
     under this subsection were provided under subsection (a).
       (3) Reimbursement.--The Secretary of Defense shall 
     reimburse the Secretary of Veterans Affairs for the cost of 
     any benefits provided under this subsection in accordance

[[Page S9933]]

     with applicable mechanisms for the reimbursement of the 
     Secretary of Veterans Affairs for the provision of medical 
     care to members of the Armed Forces.
       (c) Recovery of Certain Expenses of Medical Care and 
     Related Travel.--
       (1) In general.--Commencing not later than 60 days after 
     the date of the enactment of this Act, the Secretary of the 
     military department concerned may reimburse covered members 
     of the Armed Forces, and former members of the Armed Forces, 
     with a severe injury or illness for covered expenses incurred 
     by such members or former members, or their family members, 
     in connection with the receipt by such members or former 
     members of medical care that is required for such injury or 
     illness.
       (2) Covered expenses.--Expenses for which reimbursement may 
     be made under paragraph (1) include the following:
       (A) Expenses for health care services for which coverage 
     would be provided under section 1074(c) of title 10, United 
     States Code, for members of the uniformed services on active 
     duty.
       (B) Expenses of travel of a non-medical attendant who 
     accompanies a member or former member of the Armed Forces for 
     required medical care that is not available to such member or 
     former member locally, if such attendant is appointed for 
     that purpose by a competent medical authority (as determined 
     under regulations prescribed by the Secretary of Defense for 
     purposes of this subsection).
       (C) Such other expenses for medical care as the Secretary 
     may prescribe for purposes of this subsection.
       (3) Amount of reimbursement.--The amount of reimbursement 
     under paragraph (1) for expenses covered by paragraph (2) 
     shall be determined in accordance with regulations prescribed 
     by the Secretary of Defense for purposes of this subsection.
       (d) Severe Injury or Illness Defined.--In this section, the 
     term ``severe injury or illness'' means any serious injury or 
     illness that is assigned a disability rating of 30 percent or 
     higher under the schedule for rating disabilities in use by 
     the Department of Defense.

     SEC. 122. REIMBURSEMENT OF CERTAIN FORMER MEMBERS OF THE 
                   UNIFORMED SERVICES WITH SERVICE-CONNECTED 
                   DISABILITIES FOR TRAVEL FOR FOLLOW-ON SPECIALTY 
                   CARE AND RELATED SERVICES.

       (a) Travel.--Section 1074i of title 10, United States Code, 
     is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Follow-on Specialty Care and Related Services.--In 
     any case in which a former member of a uniformed service who 
     incurred a disability while on active duty in a combat zone 
     or during performance of duty in combat related operations 
     (as designated by the Secretary of Defense), and is entitled 
     to retired or retainer pay, or equivalent pay, requires 
     follow-on specialty care, services, or supplies related to 
     such disability at a specific military treatment facility 
     more than 100 miles from the location in which the former 
     member resides, the Secretary shall provide reimbursement for 
     reasonable travel expenses comparable to those provided under 
     subsection (a) for the former member, and when accompaniment 
     by an adult is determined by competent medical authority to 
     be necessary, for a spouse, parent, or guardian of the former 
     member, or another member of the former member's family who 
     is at least 21 years of age.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect January 1, 2008, and shall apply with 
     respect to travel that occurs on or after that date.

               PART II--CARE AND SERVICES FOR DEPENDENTS

     SEC. 126. MEDICAL CARE AND SERVICES AND SUPPORT SERVICES FOR 
                   FAMILIES OF MEMBERS OF THE ARMED FORCES 
                   RECOVERING FROM SERIOUS INJURIES OR ILLNESSES.

       (a) Medical Care.--
       (1) In general.--A family member of a covered member of the 
     Armed Forces who is not otherwise eligible for medical care 
     at a military medical treatment facility or at medical 
     facilities of the Department of Veterans Affairs shall be 
     eligible for such care at such facilities, on a space-
     available basis, if the family member is--
       (A) on invitational orders while caring for the covered 
     member of the Armed Forces;
       (B) a non-medical attendee caring for the covered member of 
     the Armed Forces; or
       (C) receiving per diem payments from the Department of 
     Defense while caring for the covered member of the Armed 
     Forces.
       (2) Specification of family members.--Notwithstanding 
     section 101(3), the Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly prescribe in regulations the 
     family members of covered members of the Armed Forces who 
     shall be considered to be a family member of a covered member 
     of the Armed Forces for purposes of paragraph (1).
       (3) Specification of care.--(A) The Secretary of Defense 
     shall prescribe in regulations the medical care and 
     counseling that shall be available to family members under 
     paragraph (1) at military medical treatment facilities.
       (B) The Secretary of Veterans Affairs shall prescribe in 
     regulations the medical care and counseling that shall be 
     available to family members under paragraph (1) at medical 
     facilities of the Department of Veterans Affairs.
       (4) Recovery of costs.--The United States may recover the 
     costs of the provision of medical care and counseling under 
     paragraph (1) as follows (as applicable):
       (A) From third-party payers, in the same manner as the 
     United States may collect costs of the charges of health care 
     provided to covered beneficiaries from third-party payers 
     under section 1095 of title 10, United States Code.
       (B) As if such care and counseling was provided under the 
     authority of section 1784 of title 38, United States Code.
       (b) Job Placement Services.--A family member who is on 
     invitational orders or is a non-medical attendee while caring 
     for a covered member of the Armed Forces for more than 45 
     days during a one-year period shall be eligible for job 
     placement services otherwise offered by the Department of 
     Defense.
       (c) Report on Need for Additional Services.--Not later than 
     90 days after the date of the enactment of this Act, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth the assessment of 
     the Secretary of the need for additional employment services, 
     and of the need for employment protection, of family members 
     described in subsection (b) who are placed on leave from 
     employment or otherwise displaced from employment while 
     caring for a covered member of the Armed Forces as described 
     in that subsection.

     SEC. 127. EXTENDED BENEFITS UNDER TRICARE FOR PRIMARY 
                   CAREGIVERS OF MEMBERS OF THE UNIFORMED SERVICES 
                   WHO INCUR A SERIOUS INJURY OR ILLNESS ON ACTIVE 
                   DUTY.

       (a) In General.--Section 1079(d) of title 10, United States 
     Code, is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph (2):
       ``(2)(A) Subject to such terms, conditions, and exceptions 
     as the Secretary of Defense considers appropriate, the 
     program of extended benefits for eligible dependents under 
     this subsection shall include extended benefits for the 
     primary caregivers of members of the uniformed services who 
     incur a serious injury or illness on active duty.
       ``(B) The Secretary of Defense shall prescribe in 
     regulations the individuals who shall be treated as the 
     primary caregivers of a member of the uniformed services for 
     purposes of this paragraph.
       ``(C) For purposes of this section, a serious injury or 
     illness, with respect to a member of the uniformed services, 
     is an injury or illness that may render the member medically 
     unfit to perform the duties of the member's office, grade, 
     rank, or rating and that renders a member of the uniformed 
     services dependant upon a caregiver.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on January 1, 2008.

  PART III--TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER

     SEC. 131. COMPREHENSIVE PLANS ON PREVENTION, DIAGNOSIS, 
                   MITIGATION, AND TREATMENT OF TRAUMATIC BRAIN 
                   INJURY AND POST-TRAUMATIC STRESS DISORDER IN 
                   MEMBERS OF THE ARMED FORCES.

       (a) Plans Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the Secretary of Veterans Affairs, 
     submit to the congressional defense committees one or more 
     comprehensive plans for programs and activities of the 
     Department of Defense to prevent, diagnose, mitigate, treat, 
     and otherwise respond to traumatic brain injury (TBI) and 
     post-traumatic stress disorder (PTSD) in members of the Armed 
     Forces.
       (b) Elements.--Each plan submitted under subsection (a) 
     shall include comprehensive proposals of the Department on 
     the following:
       (1) The designation by the Secretary of Defense of a lead 
     agent or executive agent for the Department to coordinate 
     development and implementation of the plan.
       (2) The improvement of personnel protective equipment for 
     members of the Armed Forces in order to prevent traumatic 
     brain injury.
       (3) The improvement of methods and mechanisms for the 
     detection and treatment of traumatic brain injury and post-
     traumatic stress disorder in members of the Armed Forces in 
     the field.
       (4) The requirements for research on traumatic brain injury 
     and post-traumatic stress disorder, including (in particular) 
     research on pharmacological approaches to treatment for 
     traumatic brain injury or post-traumatic stress disorder, as 
     applicable, and the allocation of priorities among such 
     research.
       (5) The development, adoption, and deployment of diagnostic 
     criteria for the detection and evaluation of the range of 
     traumatic brain injury and post-traumatic stress disorder in 
     members of the Armed Forces, which criteria shall be employed 
     uniformly across the military departments in all applicable 
     circumstances, including provision of clinical care and 
     assessment of future deployability of members of the Armed 
     Forces.
       (6) The development and deployment of effective means of 
     assessing traumatic brain injury and post-traumatic stress 
     disorder in members of the Armed Forces, including a

[[Page S9934]]

     system of pre-deployment and post-deployment screenings of 
     cognitive ability in members for the detection of cognitive 
     impairment, as required by the amendments made by section 
     132.
       (7) The development and deployment of effective means of 
     managing and monitoring members of the Armed Forces with 
     traumatic brain injury or post-traumatic stress disorder in 
     the receipt of care for traumatic brain injury or post-
     traumatic stress disorder, as applicable, including the 
     monitoring and assessment of treatment and outcomes.
       (8) The development and deployment of an education and 
     awareness training initiative designed to reduce the negative 
     stigma associated with traumatic brain injury, post-traumatic 
     stress disorder, and mental health treatment.
       (9) The provision of education and outreach to families of 
     members of the Armed Forces with traumatic brain injury or 
     post-traumatic stress disorder on a range of matters relating 
     to traumatic brain injury or post-traumatic stress disorder, 
     as applicable, including detection, mitigation, and 
     treatment.
       (10) The assessment of the current capabilities of the 
     Department for the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces.
       (11) The identification of gaps in current capabilities of 
     the Department for the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces.
       (12) The identification of the resources required for the 
     Department in fiscal years 2009 thru 2013 to address the gaps 
     in capabilities identified under paragraph (11).
       (13) The development of joint planning among the Department 
     of Defense, the military departments, and the Department of 
     Veterans Affairs for the prevention, diagnosis, mitigation, 
     treatment, and rehabilitation of traumatic brain injury and 
     post-traumatic stress disorder in members of the Armed 
     Forces, including planning for the seamless transition of 
     such members from care through the Department of Defense care 
     through the Department of Veterans Affairs.
       (14) A requirement that exposure to a blast or blasts be 
     recorded in the records of members of the Armed Forces.
       (15) The development of clinical practice guidelines for 
     the diagnosis and treatment of blast injuries in members of 
     the Armed Forces, including, but not limited to, traumatic 
     brain injury.
       (16) A program under which each member of the Armed Forces 
     who incurs a traumatic brain injury or post-traumatic stress 
     disorder during service in the Armed Forces--
       (A) is enrolled in the program; and
       (B) receives, under the program, treatment and 
     rehabilitation meeting a standard of care such that each 
     individual who is a member of the Armed Forces who qualifies 
     for care under the program shall--
       (i) be provided the highest quality of care possible based 
     on the medical judgment of qualified medical professionals in 
     facilities that most appropriately meet the specific needs of 
     the individual; and
       (ii) be rehabilitated to the fullest extent possible using 
     the most up-to-date medical technology, medical 
     rehabilitation practices, and medical expertise available.
       (17) A requirement that if a member of the Armed Forces 
     participating in a program established in accordance with 
     paragraph (16) believes that care provided to such 
     participant does not meet the standard of care specified in 
     subparagraph (B) of such paragraph, the Secretary of Defense 
     shall, upon request of the participant, provide to such 
     participant a referral to another Department of Defense or 
     Department of Veterans Affairs provider of medical or 
     rehabilitative care for a second opinion regarding the care 
     that would meet the standard of care specified in such 
     subparagraph.
       (18) The provision of information by the Secretary of 
     Defense to members of the Armed Forces with traumatic brain 
     injury or post-traumatic stress disorder and their families 
     about their rights with respect to the following:
       (A) The receipt of medical and mental health care from the 
     Department of Defense and the Department of Veterans Affairs.
       (B) The options available to such members for treatment of 
     traumatic brain injury and post-traumatic stress disorder.
       (C) The options available to such members for 
     rehabilitation.
       (D) The options available to such members for a referral to 
     a public or private provider of medical or rehabilitative 
     care.
       (E) The right to administrative review of any decision with 
     respect to the provision of care by the Department of Defense 
     for such members.
       (c) Coordination in Development.--Each plan submitted under 
     subsection (a) shall be developed in coordination with the 
     Secretary of the Army (who was designated by the Secretary of 
     Defense as executive agent for the prevention, mitigation, 
     and treatment of blast injuries under section 256 of the 
     National Defense Authorization Act for Fiscal Year 2006 
     (Public Law 109-163; 119 Stat. 3181; 10 U.S.C. 1071 note)).
       (d) Additional Activities.--In carrying out programs and 
     activities for the prevention, diagnosis, mitigation, and 
     treatment of traumatic brain injury and post-traumatic stress 
     disorder in members of the Armed Forces, the Secretary of 
     Defense shall--
       (1) examine the results of the recently completed Phase 2 
     study, funded by the National Institutes of Health, on the 
     use of progesterone for acute traumatic brain injury;
       (2) determine if Department of Defense funding for a Phase 
     3 clinical trial on the use of progesterone for acute 
     traumatic brain injury, or for further research regarding the 
     use of progesterone or its metabolites for treatment of 
     traumatic brain injury, is warranted; and
       (3) provide for the collaboration of the Department of 
     Defense, as appropriate, in clinical trials and research on 
     pharmacological approaches to treatment for traumatic brain 
     injury and post-traumatic stress disorder that is conducted 
     by other departments and agencies of the Federal Government.

     SEC. 132. IMPROVEMENT OF MEDICAL TRACKING SYSTEM FOR MEMBERS 
                   OF THE ARMED FORCES DEPLOYED OVERSEAS.

       (a) Protocol for Assessment of Cognitive Functioning.--
       (1) Protocol required.--Subsection (b) of section 1074f of 
     title 10, United States Code, is amended--
       (A) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(C) An assessment of post-traumatic stress disorder.''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(3)(A) The Secretary shall establish for purposes of 
     subparagraphs (B) and (C) of paragraph (2) a protocol for the 
     predeployment assessment and documentation of the cognitive 
     (including memory) functioning of a member who is deployed 
     outside the United States in order to facilitate the 
     assessment of the postdeployment cognitive (including memory) 
     functioning of the member.
       ``(B) The protocol under subparagraph (A) shall include 
     appropriate mechanisms to permit the differential diagnosis 
     of traumatic brain injury in members returning from 
     deployment in a combat zone.''.
       (2) Pilot projects.--(A) In developing the protocol 
     required by paragraph (3) of section 1074f(b) of title 10, 
     United States Code (as amended by paragraph (1) of this 
     subsection), for purposes of assessments for traumatic brain 
     injury, the Secretary of Defense shall conduct up to three 
     pilot projects to evaluate various mechanisms for use in the 
     protocol for such purposes. One of the mechanisms to be so 
     evaluated shall be a computer-based assessment tool.
       (B) Not later than 60 days after the completion of the 
     pilot projects conducted under this paragraph, the Secretary 
     shall submit to the appropriate committees of Congress a 
     report on the pilot projects. The report shall include--
       (i) a description of the pilot projects so conducted;
       (ii) an assessment of the results of each such pilot 
     project; and
       (iii) a description of any mechanisms evaluated under each 
     such pilot project that will incorporated into the protocol.
       (C) Not later than 180 days after completion of the pilot 
     projects conducted under this paragraph, the Secretary shall 
     establish a mechanism for implementing any mechanism 
     evaluated under such a pilot project that is selected for 
     incorporation in the protocol.
       (D) There is hereby authorized to be appropriated to the 
     Department of Defense, $3,000,000 for the pilot projects 
     authorized by this paragraph. Of the amount so authorized to 
     be appropriated, not more than $1,000,000 shall be available 
     for any particular pilot project.
       (b) Quality Assurance.--Subsection (d)(2) of section 1074f 
     of title 10, United States Code, is amended by adding at the 
     end the following new subparagraph:
       ``(F) The diagnosis and treatment of traumatic brain injury 
     and post-traumatic stress disorder.''.
       (c) Standards for Deployment.--Subsection (f) of such 
     section is amended--
       (1) in the subsection heading, by striking ``Mental 
     Health''; and
       (2) in paragraph (2)(B), by striking ``or'' and inserting 
     ``, traumatic brain injury, or''.

     SEC. 133. CENTERS OF EXCELLENCE IN THE PREVENTION, DIAGNOSIS, 
                   MITIGATION, TREATMENT, AND REHABILITATION OF 
                   TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC 
                   STRESS DISORDER.

       (a) Center of Excellence on Traumatic Brain Injury.--
     Chapter 55 of title 10, United States Code, is amended by 
     inserting after section 1105 the following new section:

     ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, 
       Mitigation, Treatment, and Rehabilitation of Traumatic 
       Brain Injury

       ``(a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center of excellence in 
     the prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of traumatic brain injury (TBI), including 
     mild, moderate, and severe traumatic brain injury, to carry 
     out the responsibilities specified in subsection (c). The 
     center shall be known as a `Center of Excellence in 
     Prevention, Diagnosis, Mitigation, Treatment, and 
     Rehabilitation of Traumatic Brain Injury'.
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the Department of Veterans Affairs, institutions of higher 
     education, and other appropriate public and private entities 
     (including international entities) to carry out the 
     responsibilities specified in subsection (c).

[[Page S9935]]

       ``(c) Responsibilities.--The Center shall have 
     responsibilities as follows:
       ``(1) To direct and oversee, based on expert research, the 
     development and implementation of a long-term, comprehensive 
     plan and strategy for the Department of Defense for the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of traumatic brain injury.
       ``(2) To provide for the development, testing, and 
     dissemination within the Department of best practices for the 
     treatment of traumatic brain injury.
       ``(3) To provide guidance for the mental health system of 
     the Department in determining the mental health and 
     neurological health personnel required to provide quality 
     mental health care for members of the armed forces with 
     traumatic brain injury.
       ``(4) To establish, implement, and oversee a comprehensive 
     program to train mental health and neurological health 
     professionals of the Department in the treatment of traumatic 
     brain injury.
       ``(5) To facilitate advancements in the study of the short-
     term and long-term psychological effects of traumatic brain 
     injury.
       ``(6) To disseminate within the military medical treatment 
     facilities of the Department best practices for training 
     mental health professionals, including neurological health 
     professionals, with respect to traumatic brain injury.
       ``(7) To conduct basic science and translational research 
     on traumatic brain injury for the purposes of understanding 
     the etiology of traumatic brain injury and developing 
     preventive interventions and new treatments.
       ``(8) To develop outreach strategies and treatments for 
     families of members of the armed forces with traumatic brain 
     injury in order to mitigate the negative impacts of traumatic 
     brain injury on such family members and to support the 
     recovery of such members from traumatic brain injury.
       ``(9) To conduct research on the unique mental health needs 
     of women members of the armed forces with traumatic brain 
     injury and develop treatments to meet any needs identified 
     through such research.
       ``(10) To conduct research on the unique mental health 
     needs of ethnic minority members of the armed forces with 
     traumatic brain injury and develop treatments to meet any 
     needs identified through such research.
       ``(11) To conduct research on the mental health needs of 
     families of members of the armed forces with traumatic brain 
     injury and develop treatments to meet any needs identified 
     through such research.
       ``(12) To conduct longitudinal studies (using imaging 
     technology and other proven research methods) on members of 
     the armed forces with traumatic brain injury to identify 
     early signs of Alzheimer's disease, Parkinson's disease, or 
     other manifestations of neurodegeneration in such members, 
     which studies should be conducted in coordination with the 
     studies authorized by section 721 of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 120 Stat. 2294) and other studies of the Department 
     of Defense and the Department of Veterans Affairs that 
     address the connection between exposure to combat and the 
     development of Alzheimer's disease, Parkinson's disease, and 
     other neurodegenerative disorders.
       ``(13) To develop and oversee a long-term plan to increase 
     the number of mental health and neurological health 
     professionals within the Department in order to facilitate 
     the meeting by the Department of the needs of members of the 
     armed forces with traumatic brain injury until their 
     transition to care and treatment from the Department of 
     Veterans Affairs.
       ``(14) To develop a program on comprehensive pain 
     management, including management of acute and chronic pain, 
     to utilize current and develop new treatments for pain, and 
     to identify and disseminate best practices on pain 
     management.
       ``(15) Such other responsibilities as the Secretary shall 
     specify.''.
       (b) Center of Excellence on Post-Traumatic Stress 
     Disorder.--Chapter 55 of such title is further amended by 
     inserting after section 1105a, as added by subsection (a), 
     the following new section:

     ``Sec. 1105b. Center of Excellence in Prevention, Diagnosis, 
       Mitigation, Treatment, and Rehabilitation of Post-Traumatic 
       Stress Disorder

       ``(a) In General.--The Secretary of Defense shall establish 
     within the Department of Defense a center of excellence in 
     the prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of post-traumatic stress disorder (PTSD), 
     including mild, moderate, and severe post-traumatic stress 
     disorder, to carry out the responsibilities specified in 
     subsection (c). The center shall be known as a `Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Post-Traumatic Stress Disorder'.
       ``(b) Partnerships.--The Secretary shall ensure that the 
     Center collaborates to the maximum extent practicable with 
     the National Center for Post-Traumatic Stress Disorder of the 
     Department of Veterans Affairs, institutions of higher 
     education, and other appropriate public and private entities 
     (including international entities) to carry out the 
     responsibilities specified in subsection (c).
       ``(c) Responsibilities.--The Center shall have 
     responsibilities as follows:
       ``(1) To direct and oversee, based on expert research, the 
     development and implementation of a long-term, comprehensive 
     plan and strategy for the Department of Defense for the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of post-traumatic stress disorder.
       ``(2) To provide for the development, testing, and 
     dissemination within the Department of best practices for the 
     treatment of post-traumatic stress disorder.
       ``(3) To provide guidance for the mental health system of 
     the Department in determining the mental health and 
     neurological health personnel required to provide quality 
     mental health care for members of the armed forces with post-
     traumatic stress disorder.
       ``(4) To establish, implement, and oversee a comprehensive 
     program to train mental health and neurological health 
     professionals of the Department in the treatment of post-
     traumatic stress disorder.
       ``(5) To facilitate advancements in the study of the short-
     term and long-term psychological effects of post-traumatic 
     stress disorder.
       ``(6) To disseminate within the military medical treatment 
     facilities of the Department best practices for training 
     mental health professionals, including neurological health 
     professionals, with respect to post-traumatic stress 
     disorder.
       ``(7) To conduct basic science and translational research 
     on post-traumatic stress disorder for the purposes of 
     understanding the etiology of post-traumatic stress disorder 
     and developing preventive interventions and new treatments.
       ``(8) To develop outreach strategies and treatments for 
     families of members of the armed forces with post-traumatic 
     stress disorder in order to mitigate the negative impacts of 
     traumatic brain injury on such family members and to support 
     the recovery of such members from post-traumatic stress 
     disorder.
       ``(9) To conduct research on the unique mental health needs 
     of women members of the armed forces, including victims of 
     sexual assault, with post-traumatic stress disorder and 
     develop treatments to meet any needs identified through such 
     research.
       ``(10) To conduct research on the unique mental health 
     needs of ethnic minority members of the armed forces with 
     post-traumatic stress disorder and develop treatments to meet 
     any needs identified through such research.
       ``(11) To conduct research on the mental health needs of 
     families of members of the armed forces with post-traumatic 
     stress disorder and develop treatments to meet any needs 
     identified through such research.
       ``(12) To develop and oversee a long-term plan to increase 
     the number of mental health and neurological health 
     professionals within the Department in order to facilitate 
     the meeting by the Department of the needs of members of the 
     armed forces with post-traumatic stress disorder until their 
     transition to care and treatment from the Department of 
     Veterans Affairs.
       ``(13) To develop a program on comprehensive pain 
     management, including management of acute and chronic pain, 
     to utilize current and develop new treatments for pain, and 
     to identify and disseminate best practices on pain 
     management.
       ``(14) Such other responsibilities as the Secretary shall 
     specify.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1105 the following new 
     items:

``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Traumatic Brain Injury.
``1105b. Center of Excellence in Prevention, Diagnosis, Mitigation, 
              Treatment, and Rehabilitation of Post-Traumatic Stress 
              Disorder.''.

       (d) Report on Establishment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall submit to Congress a report on the 
     establishment of the Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Traumatic Brain Injury required by section 1105a of title 10, 
     United States Code (as added by subsection (a)), and the 
     establishment of the Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of Post-
     Traumatic Stress Disorder required by section 1105b of title 
     10, United States Code (as added by subsection (b)). The 
     report shall, for each such Center--
       (1) describe in detail the activities and proposed 
     activities of such Center; and
       (2) assess the progress of such Center in discharging the 
     responsibilities of such Center.
       (e) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated for fiscal year 2008 for the 
     Department of Defense for Defense Health Program, 
     $10,000,000, of which--
       (1) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Traumatic Brain Injury required by 
     section 1105a of title 10, United States Code; and
       (2) $5,000,000 shall be available for the Center of 
     Excellence in Prevention, Diagnosis, Mitigation, Treatment, 
     and Rehabilitation of Post-Traumatic Stress Disorder required 
     by section 1105b of title 10, United States Code.

[[Page S9936]]

     SEC. 134. REVIEW OF MENTAL HEALTH SERVICES AND TREATMENT FOR 
                   FEMALE MEMBERS OF THE ARMED FORCES AND 
                   VETERANS.

       (a) Comprehensive Review.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly conduct a 
     comprehensive review of--
       (1) the need for mental health treatment and services for 
     female members of the Armed Forces and veterans; and
       (2) the efficacy and adequacy of existing mental health 
     treatment programs and services for female members of the 
     Armed Forces and veterans.
       (b) Elements.--The review required by subsection (a) shall 
     include, but not be limited to, an assessment of the 
     following:
       (1) The need for mental health outreach, prevention, and 
     treatment services specifically for female members of the 
     Armed Forces and veterans.
       (2) The access to and efficacy of existing mental health 
     outreach, prevention, and treatment services and programs 
     (including substance abuse programs) for female veterans who 
     served in a combat zone.
       (3) The access to and efficacy of services and treatment 
     for female members of the Armed Forces and veterans who 
     experience post-traumatic stress disorder (PTSD).
       (4) The availability of services and treatment for female 
     members of the Armed Forces and veterans who experienced 
     sexual assault or abuse.
       (5) The access to and need for treatment facilities 
     focusing on the mental health care needs of female members of 
     the Armed Forces and veterans.
       (6) The need for further clinical research on the unique 
     needs of female veterans who served in a combat zone.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to the 
     appropriate committees of Congress a report on the review 
     required by subsection (a).
       (d) Policy Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     comprehensive policy to address the treatment and care needs 
     of female members of the Armed Forces and veterans who 
     experience mental health problems and conditions, including 
     post-traumatic stress disorder. The policy shall take into 
     account and reflect the results of the review required by 
     subsection (a).

     SEC. 135. FUNDING FOR IMPROVED DIAGNOSIS, TREATMENT, AND 
                   REHABILITATION OF MEMBERS OF THE ARMED FORCES 
                   WITH TRAUMATIC BRAIN INJURY OR POST-TRAUMATIC 
                   STRESS DISORDER.

       (a) Authorization of Appropriations.--
       (1) In general.--Funds are hereby authorized to be 
     appropriated for fiscal year 2008 for the Department of 
     Defense for Defense Health Program in the amount of 
     $50,000,000, with such amount to be available for activities 
     as follows:
       (A) Activities relating to the improved diagnosis, 
     treatment, and rehabilitation of members of the Armed Forces 
     with traumatic brain injury (TBI).
       (B) Activities relating to the improved diagnosis, 
     treatment, and rehabilitation of members of the Armed Forces 
     with post-traumatic stress disorder (PTSD).
       (2) Availability of amount.--Of the amount authorized to be 
     appropriated by paragraph (1), $17,000,000 shall be available 
     for the Defense and Veterans Brain Injury Center of the 
     Department of Defense.
       (b) Supplement Not Supplant.--The amount authorized to be 
     appropriated by subsection (a) for Defense Health Program is 
     in addition to any other amounts authorized to be 
     appropriated by this Act for Defense Health Program.

     SEC. 136. REPORTS.

       (a) Reports on Implementation of Certain Requirements.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report describing the 
     progress in implementing the requirements as follows:
       (1) The requirements of section 721 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364; 120 Stat. 2294), relating to a 
     longitudinal study on traumatic brain injury incurred by 
     members of the Armed Forces in Operation Iraqi Freedom and 
     Operation Enduring Freedom.
       (2) The requirements arising from the amendments made by 
     section 738 of the John Warner National Defense Authorization 
     Act for Fiscal Year 2007 (120 Stat. 2303), relating to 
     enhanced mental health screening and services for members of 
     the Armed Forces.
       (3) The requirements of section 741 of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 (120 
     Stat. 2304), relating to pilot projects on early diagnosis 
     and treatment of post-traumatic stress disorder and other 
     mental health conditions.
       (b) Annual Reports on Expenditures for Activities on Tbi 
     and Ptsd.--
       (1) Reports required.--Not later than March 1, 2008, and 
     each year thereafter through 2013, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     setting forth the amounts expended by the Department of 
     Defense during the preceding calendar year on activities 
     described in paragraph (2), including the amount allocated 
     during such calendar year to the Defense and Veterans Brain 
     Injury Center of the Department.
       (2) Covered activities.--The activities described in this 
     paragraph are activities as follows:
       (A) Activities relating to the improved diagnosis, 
     treatment, and rehabilitation of members of the Armed Forces 
     with traumatic brain injury (TBI).
       (B) Activities relating to the improved diagnosis, 
     treatment, and rehabilitation of members of the Armed Forces 
     with post-traumatic stress disorder (PTSD).
       (3) Elements.--Each report under paragraph (1) shall 
     include--
       (A) a description of the amounts expended as described in 
     that paragraph, including a description of the activities for 
     which expended;
       (B) a description and assessment of the outcome of such 
     activities;
       (C) a statement of priorities of the Department in 
     activities relating to the prevention, diagnosis, research, 
     treatment, and rehabilitation of traumatic brain injury in 
     members of the Armed Forces during the year in which such 
     report is submitted and in future calendar years;
       (D) a statement of priorities of the Department in 
     activities relating to the prevention, diagnosis, research, 
     treatment, and rehabilitation of post-traumatic stress 
     disorder in members of the Armed Forces during the year in 
     which such report is submitted and in future calendar years; 
     and
       (E) an assessment of the progress made toward achieving the 
     priorities stated in subparagraphs (C) and (D) in the report 
     under paragraph (1) in the previous year, and a description 
     of any actions planned during the year in which such report 
     is submitted to achieve any unfulfilled priorities during 
     such year.

                         PART IV--OTHER MATTERS

     SEC. 141. JOINT ELECTRONIC HEALTH RECORD FOR THE DEPARTMENT 
                   OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly--
       (1) develop and implement a joint electronic health record 
     for use by the Department of Defense and the Department of 
     Veterans Affairs; and
       (2) accelerate the exchange of health care information 
     between the Department of Defense and the Department of 
     Veterans Affairs in order to support the delivery of health 
     care by both Departments.
       (b) Department of Defense-Department of Veterans Affairs 
     Interagency Program Office for a Joint Electronic Health 
     Record.--
       (1) In general.--There is hereby established a joint 
     element of the Department of Defense and the Department of 
     Veterans Affairs to be known as the ``Department of Defense-
     Department of Veterans Affairs Interagency Program Office for 
     a Joint Electronic Health Record'' (in this section referred 
     to as the ``Office'').
       (2) Purposes.--The purposes of the Office shall be as 
     follows:
       (A) To act as a single point of accountability for the 
     Department of Defense and the Department of Veterans Affairs 
     in the rapid development, test, and implementation of a joint 
     electronic health record for use by the Department of Defense 
     and the Department of Veterans Affairs.
       (B) To accelerate the exchange of health care information 
     between Department of Defense and the Department of Veterans 
     Affairs in order to support the delivery of health care by 
     both Departments.
       (c) Leadership.--
       (1) Director.--The Director of the Department of Defense-
     Department of Veterans Affairs Interagency Program Office for 
     a Joint Electronic Health Record shall be the head of the 
     Office.
       (2) Deputy director.--The Deputy Director of the Department 
     of Defense-Department of Veterans Affairs Interagency Program 
     Office for a Joint Electronic Health Record shall be the 
     deputy head of the office and shall assist the Director in 
     carrying out the duties of the Director.
       (3) Appointments.--(A) The Director shall be appointed by 
     the Secretary of Defense, with the concurrence of the 
     Secretary of Veterans Affairs, from among employees of the 
     Department of Defense and the Department of Veterans Affairs 
     in the Senior Executive Service who are qualified to direct 
     the development and acquisition of major information 
     technology capabilities.
       (B) The Deputy Director shall be appointed by the Secretary 
     of Veterans Affairs, with the concurrence of the Secretary of 
     Defense, from among employees of the Department of Defense 
     and the Department of Veterans Affairs in the Senior 
     Executive Service who are qualified to direct the development 
     and acquisition of major information technology capabilities.
       (4) Additional guidance.--In addition to the direction, 
     supervision, and control provided by the Secretary of Defense 
     and the Secretary of Veterans Affairs, the Office shall also 
     receive guidance from the Department of Veterans Affairs-
     Department of Defense Joint Executive Committee under section 
     320 of title 38, United States Code, in the discharge of the 
     functions of the Office under this section.
       (5) Testimony.--Upon request by any of the appropriate 
     committees of Congress, the Director and the Deputy Director 
     shall testify

[[Page S9937]]

     before such committee regarding the discharge of the 
     functions of the Office under this section.
       (d) Function.--The function of the Office shall be to 
     develop and prepare for deployment, by not later than 
     September 30, 2010, a joint electronic health record to be 
     utilized by both the Department of Defense and the Department 
     of Veterans Affairs in the provision of medical care and 
     treatment to members of the Armed Forces and veterans, which 
     health record shall comply with applicable interoperability 
     standards, implementation specifications, and certification 
     criteria (including for the reporting of quality measures) of 
     the Federal Government.
       (e) Schedules and Benchmarks.--Not later than 30 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     establish a schedule and benchmarks for the discharge by the 
     Office of its function under this section, including each of 
     the following:
       (1) A schedule for the establishment of the Office.
       (2) A schedule and deadline for the establishment of the 
     requirements for the joint electronic health record described 
     in subsection (d), including coordination with the Office of 
     the National Coordinator for Health Information Technology in 
     the development of a nationwide interoperable health 
     information technology infrastructure.
       (3) A schedule and associated deadlines for any acquisition 
     and testing required in the development and deployment of the 
     joint electronic health record.
       (4) A schedule and associated deadlines and requirements 
     for the deployment of the joint electronic health record.
       (5) Proposed funding for the Office for each of fiscal 
     years 2009 through 2013 for the discharge of its function.
       (f) Pilot Projects.--
       (1) Authority.--In order to assist the Office in the 
     discharge of its function under this section, the Secretary 
     of Defense and the Secretary of Veterans Affairs may, acting 
     jointly, carry out one or more pilot projects to assess the 
     feasability and advisability of various technological 
     approaches to the achievement of the joint electronic health 
     record described in subsection (d).
       (2) Treatment as single health care system.--For purposes 
     of each pilot project carried out under this subsection, the 
     health care system of the Department of Defense and the 
     health care system of the Department of Veterans Affairs 
     shall be treated as a single health care system for purposes 
     of the regulations promulgated under section 264(c) of the 
     Health Insurance Portability and Accountability Act of 1996 
     (42 U.S.C. 1320d-2 note).
       (g) Staff and Other Resources.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall assign to the Office such personnel 
     and other resources of the Department of Defense and the 
     Department of Veterans Affairs as are required for the 
     discharge of its function under this section.
       (2) Additional services.--Subject to the approval of the 
     Secretary of Defense and the Secretary of Veterans Affairs, 
     the Director may utilize the services of private individuals 
     and entities as consultants to the Office in the discharge of 
     its function under this section. Amounts available to the 
     Office shall be available for payment for such services.
       (h) Annual Reports.--
       (1) In general.--Not later than January 1, 2009, and each 
     year thereafter through 2014, the Director shall submit to 
     the Secretary of Defense and the Secretary of Veterans 
     Affairs, and to the appropriate committees of Congress, a 
     report on the activities of the Office during the preceding 
     calendar year. Each report shall include, for the year 
     covered by such report, the following:
       (A) A detailed description of the activities of the Office, 
     including a detailed description of the amounts expended and 
     the purposes for which expended.
       (B) An assessment of the progress made by the Department of 
     Defense and the Department of Veterans Affairs in the 
     development and implementation of the joint electronic health 
     record described in subsection (d).
       (2) Availability to public.--The Secretary of Defense and 
     the Secretary of Veterans Affairs shall make available to the 
     public each report submitted under paragraph (1), including 
     by posting such report on the Internet website of the 
     Department of Defense and the Department of Veterans Affairs, 
     respectively, that is available to the public.
       (i) Comptroller General Assessment of Implementation.--Not 
     later than six months after the date of the enactment of this 
     Act and every six months thereafter until the completion of 
     the implementation of the joint electronic health record 
     described in subsection (d), the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report setting forth the assessment of the 
     Comptroller General of the progress of the Department of 
     Defense and the Department of Veterans Affairs in developing 
     and implementing the joint electronic health record.
       (j) Funding.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall each contribute equally to the 
     costs of the Office in fiscal year 2008 and fiscal years 
     thereafter. The amount so contributed by each Secretary in 
     fiscal year 2008 shall be up to $10,000,000.
       (2) Source of funds.--(A) Amounts contributed by the 
     Secretary of Defense under paragraph (1) shall be derived 
     from amounts authorized to be appropriated for the Department 
     of Defense for the Defense Health Program and available for 
     program management and technology resources.
       (B) Amounts contributed by the Secretary of Veterans 
     Affairs under paragraph (1) shall be derived from amounts 
     authorized to be appropriated for the Department of Veterans 
     Affairs for Medical Care and available for program management 
     and technology resources.
       (k) Joint Electronic Health Record Defined.--In this 
     section, the term ``joint electronic health record'' means a 
     single system that includes patient information across the 
     continuum of medical care, including inpatient care, 
     outpatient care, pharmacy care, patient safety, and 
     rehabilitative care.

     SEC. 142. ENHANCED PERSONNEL AUTHORITIES FOR THE DEPARTMENT 
                   OF DEFENSE FOR HEALTH CARE PROFESSIONALS FOR 
                   CARE AND TREATMENT OF WOUNDED AND INJURED 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Section 1599c of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1599c. Health care professionals: enhanced appointment 
       and compensation authority for personnel for care and 
       treatment of wounded and injured members of the armed 
       forces

       ``(a) In General.--The Secretary of Defense may, in the 
     discretion of the Secretary, exercise any authority for the 
     appointment and pay of health care personnel under chapter 74 
     of title 38 for purposes of the recruitment, employment, and 
     retention of civilian health care professionals for the 
     Department of Defense if the Secretary determines that the 
     exercise of such authority is necessary in order to provide 
     or enhance the capacity of the Department to provide care and 
     treatment for members of the armed forces who are wounded or 
     injured on active duty in the armed forces and to support the 
     ongoing patient care and medical readiness, education, and 
     training requirements of the Department of Defense.
       ``(b) Recruitment of Personnel.--(1) The Secretaries of the 
     military departments shall each develop and implement a 
     strategy to disseminate among appropriate personnel of the 
     military departments authorities and best practices for the 
     recruitment of medical and health professionals, including 
     the authorities under subsection (a).
       ``(2) Each strategy under paragraph (1) shall--
       ``(A) assess current recruitment policies, procedures, and 
     practices of the military department concerned to assure that 
     such strategy facilitates the implementation of efficiencies 
     which reduce the time required to fill vacant positions for 
     medical and health professionals; and
       ``(B) clearly identify processes and actions that will be 
     used to inform and educate military and civilian personnel 
     responsible for the recruitment of medical and health 
     professionals.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by striking 
     the item relating to section 1599c and inserting the 
     following new item:

``1599c. Health care professionals: enhanced appointment and 
              compensation authority for personnel for care and 
              treatment of wounded and injured members of the armed 
              forces.''.

       (c) Reports on Strategies on Recruitment of Medical and 
     Health Professionals.--Not later than six months after the 
     date of the enactment of this Act, each Secretary of a 
     military department shall submit to the congressional defense 
     committees a report setting forth the strategy developed by 
     such Secretary under section 1599c(b) of title 10, United 
     States Code, as added by subsection (a).

     SEC. 143. PERSONNEL SHORTAGES IN THE MENTAL HEALTH WORKFORCE 
                   OF THE DEPARTMENT OF DEFENSE, INCLUDING 
                   PERSONNEL IN THE MENTAL HEALTH WORKFORCE.

       (a) Recommendations on Means of Addressing Shortages.--
       (1) Report.--Not later than 45 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report setting forth the 
     recommendations of the Secretary for such legislative or 
     administrative actions as the Secretary considers appropriate 
     to address shortages in health care professionals within the 
     Department of Defense, including personnel in the mental 
     health workforce.
       (2) Elements.--The report required by paragraph (1) shall 
     address the following:
       (A) Enhancements or improvements of financial incentives 
     for health care professionals, including personnel in the 
     mental health workforce, of the Department of Defense in 
     order to enhance the recruitment and retention of such 
     personnel, including recruitment, accession, or retention 
     bonuses and scholarship, tuition, and other financial 
     assistance.
       (B) Modifications of service obligations of health care 
     professionals, including personnel in the mental health 
     workforce.
       (C) Such other matters as the Secretary considers 
     appropriate.
       (b) Recruitment.--Commencing not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall

[[Page S9938]]

     implement programs to recruit qualified individuals in health 
     care fields (including mental health) to serve in the Armed 
     Forces as health care and mental health personnel of the 
     Armed Forces.

                     Subtitle C--Disability Matters

                     PART I--DISABILITY EVALUATIONS

     SEC. 151. UTILIZATION OF VETERANS' PRESUMPTION OF SOUND 
                   CONDITION IN ESTABLISHING ELIGIBILITY OF 
                   MEMBERS OF THE ARMED FORCES FOR RETIREMENT FOR 
                   DISABILITY.

       (a) Retirement of Regulars and Members on Active Duty for 
     More Than 30 Days.--Clause (i) of section 1201(b)(3)(B) of 
     title 10, United States Code, is amended to read as follows:
       ``(i) the member has six months or more of active military 
     service and the disability was not noted at the time of the 
     member's entrance on active duty (unless compelling evidence 
     or medical judgment is such to warrant a finding that the 
     disability existed before the member's entrance on active 
     duty);''.
       (b) Separation of Regulars and Members on Active Duty for 
     More Than 30 Days.--Section 1203(b)(4)(B) of such title is 
     amended by striking ``and the member has at least eight years 
     of service computed under section 1208 of this title'' and 
     inserting ``, the member has six months or more of active 
     military service, and the disability was not noted at the 
     time of the member's entrance on active duty (unless evidence 
     or medical judgment is such to warrant a finding that the 
     disability existed before the member's entrance on active 
     duty)''.

     SEC. 152. REQUIREMENTS AND LIMITATIONS ON DEPARTMENT OF 
                   DEFENSE DETERMINATIONS OF DISABILITY WITH 
                   RESPECT TO MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 61 of title 10, United States 
     Code, is amended by inserting after section 1216 the 
     following new section:

     ``Sec. 1216a. Determinations of disability: requirements and 
       limitations on determinations

       ``(a) Utilization of VA Schedule for Rating Disabilities in 
     Determinations of Disability.--(1) In making a determination 
     of disability of a member of the armed forces for purposes of 
     this chapter, the Secretary concerned--
       ``(A) shall, to the extent feasible, utilize the schedule 
     for rating disabilities in use by the Department of Veterans 
     Affairs, including any applicable interpretation of the 
     schedule by the United States Court of Appeals for Veterans 
     Claims; and
       ``(B) except as provided in paragraph (2), may not deviate 
     from the schedule or any such interpretation of the schedule.
       ``(2) In making a determination described in paragraph (1), 
     the Secretary concerned may utilize in lieu of the schedule 
     described in that paragraph such criteria as the Secretary of 
     Defense and the Secretary of Veterans Affairs may jointly 
     prescribe for purposes of this subsection if the utilization 
     of such criteria will result in a determination of a greater 
     percentage of disability than would be otherwise determined 
     through the utilization of the schedule.
       ``(b) Consideration of All Medical Conditions.--In making a 
     determination of the rating of disability of a member of the 
     armed forces for purposes of this chapter, the Secretary 
     concerned shall take into account all medical conditions, 
     whether individually or collectively, that render the member 
     unfit to perform the duties of the member's office, grade, 
     rank, or rating.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 61 of such title is amended by inserting 
     after the item relating to section 1216 the following new 
     item:

``1216a. Determinations of disability: requirements and limitations on 
              determinations.''.

     SEC. 153. REVIEW OF SEPARATION OF MEMBERS OF THE ARMED FORCES 
                   SEPARATED FROM SERVICE WITH A DISABILITY RATING 
                   OF 20 PERCENT DISABLED OR LESS.

       (a) Board Required.--
       (1) In general.--Chapter 79 of title 10, United States 
     Code, is amended by inserting after section 1554 adding the 
     following new section:

     ``Sec. 1554a. Review of separation with disability rating of 
       20 percent disabled or less

       ``(a) In General.--(1) The Secretary of Defense shall 
     establish within the Office of the Secretary of Defense a 
     board of review to review the disability determinations of 
     covered individuals by Physical Evaluation Boards. The board 
     shall be known as the `Physical Disability Board of Review'.
       ``(2) The Board shall consist of not less than three 
     members appointed by the Secretary.
       ``(b) Covered Individuals.--For purposes of this section, 
     covered individuals are members and former members of the 
     armed forces who, during the period beginning on September 
     11, 2001, and ending on December 31, 2009--
       ``(1) are separated from the armed forces due to unfitness 
     for duty due to a medical condition with a disability rating 
     of 20 percent disabled or less; and
       ``(2) are found to be not eligible for retirement.
       ``(c) Review.--(1) Upon its own motion, or upon the request 
     of a covered individual, or a surviving spouse, next of kin, 
     or legal representative of a covered individual, the Board 
     shall review the findings and decisions of the Physical 
     Evaluation Board with respect to such covered individual.
       ``(2) The review by the Board under paragraph (1) shall be 
     based on the records of the armed force concerned and such 
     other evidence as may be presented to the Board. A witness 
     may present evidence to the Board by affidavit or by any 
     other means considered acceptable by the Secretary of 
     Defense.
       ``(d) Authorized Recommendations.--The Board may, as a 
     result of its findings under a review under subsection (c), 
     recommend to the Secretary concerned the following (as 
     applicable) with respect to a covered individual:
       ``(1) No recharacterization of the separation of such 
     individual or modification of the disability rating 
     previously assigned such individual.
       ``(2) The recharacterization of the separation of such 
     individual to retirement for disability.
       ``(3) The modification of the disability rating previously 
     assigned such individual by the Physical Evaluation Board 
     concerned, which modified disability rating may not be a 
     reduction of the disability rating previously assigned such 
     individual by that Physical Evaluation Board.
       ``(4) The issuance of a new disability rating for such 
     individual.
       ``(e) Correction of Military Records.--(1) The Secretary 
     concerned may correct the military records of a covered 
     individual in accordance with a recommendation made by the 
     Board under subsection (d). Any such correction may be made 
     effective as of the effective date of the action taken on the 
     report of the Physical Evaluation Board to which such 
     recommendation relates.
       ``(2) In the case of a member previously separated pursuant 
     to the findings and decision of a Physical Evaluation Board 
     together with a lump-sum or other payment of back pay and 
     allowances at separation, the amount of pay or other monetary 
     benefits to which such member would be entitled based on the 
     member's military record as corrected shall be reduced to 
     take into account receipt of such lump-sum or other payment 
     in such manner as the Secretary of Defense considers 
     appropriate.
       ``(3) If the Board makes a recommendation not to correct 
     the military records of a covered individual, the action 
     taken on the report of the Physical Evaluation Board to which 
     such recommendation relates shall be treated as final as of 
     the date of such action.
       ``(f) Regulations.--(1) This section shall be carried out 
     in accordance with regulations prescribed by the Secretary of 
     Defense.
       ``(2) The regulations under paragraph (1) shall specify 
     reasonable deadlines for the performance of reviews required 
     by this section.
       ``(3) The regulations under paragraph (1) shall specify the 
     effect of a determination or pending determination of a 
     Physical Evaluation Board on considerations by boards for 
     correction of military records under section 1552 of this 
     title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 79 of such title is amended by inserting 
     after the item relating to section 1554 the following new 
     item:

``1554a. Review of separation with disability rating of 20 percent 
              disabled or less.''.

       (b) Implementation.--The Secretary of Defense shall 
     establish the board of review required by section 1554a of 
     title 10, United States Code (as added by subsection (a)), 
     and prescribe the regulations required by such section, not 
     later than 90 days after the date of the enactment of this 
     Act.

     SEC. 154. PILOT PROGRAMS ON REVISED AND IMPROVED DISABILITY 
                   EVALUATION SYSTEM FOR MEMBERS OF THE ARMED 
                   FORCES.

       (a) Pilot Programs.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, carry 
     out pilot programs with respect to the disability evaluation 
     system of the Department of Defense for the purpose set forth 
     in subsection (d).
       (2) Required pilot programs.--In carrying out this section, 
     the Secretary of Defense shall carry out the pilot programs 
     described in paragraphs (1) through (3) of subsection (c). 
     Each such pilot program shall be implemented not later than 
     90 days after the date of the enactment of this Act.
       (3) Authorized pilot programs.--In carrying out this 
     section, the Secretary of Defense may carry out such other 
     pilot programs as the Secretary of Defense, in consultation 
     with the Secretary of Veterans Affairs, considers 
     appropriate.
       (b) Disability Evaluation System of the Department of 
     Defense.--For purposes of this section, the disability 
     evaluation system of the Department of Defense is the system 
     of the Department for the evaluation of the disabilities of 
     members of the Armed Forces who are being separated or 
     retired from the Armed Forces for disability under chapter 61 
     of title 10, United States Code.
       (c) Scope of Pilot Programs.--
       (1) Disability determinations by dod utilizing va assigned 
     disability rating.--Under one of the pilot programs under 
     subsection (a), for purposes of making a determination of 
     disability of a member of the Armed Forces under section 
     1201(b) of title 10, United States Code, for the retirement, 
     separation, or placement of the member on the temporary 
     disability retired list under chapter 61 of such title, upon 
     a determination by the Secretary of the military department 
     concerned that the member is unfit to

[[Page S9939]]

     perform the duties of the member's office, grade, rank, or 
     rating because of a physical disability as described in 
     section 1201(a) of such title--
       (A) the Secretary of Veterans Affairs shall--
       (i) conduct an evaluation of the member for physical 
     disability; and
       (ii) assign the member a rating of disability in accordance 
     with the schedule for rating disabilities utilized by the 
     Secretary of Veterans Affairs based on all medical conditions 
     (whether individually or collectively) that render the member 
     unfit for duty; and
       (B) the Secretary of the military department concerned 
     shall make the determination of disability regarding the 
     member utilizing the rating of disability assigned under 
     subparagraph (A)(ii).
       (2) Disability determinations utilizing joint dod/va 
     assigned disability rating.--Under one of the pilot programs 
     under subsection (a), in making a determination of disability 
     of a member of the Armed Forces under section 1201(b) of 
     title 10, United States Code, for the retirement, separation, 
     or placement of the member on the temporary disability 
     retired list under chapter 61 of such title, the Secretary of 
     the military department concerned shall, upon determining 
     that the member is unfit to perform the duties of the 
     member's office, grade, rank, or rating because of a physical 
     disability as described in section 1201(a) of such title--
       (A) provide for the joint evaluation of the member for 
     disability by the Secretary of the military department 
     concerned and the Secretary of Veterans Affairs, including 
     the assignment of a rating of disability for the member in 
     accordance with the schedule for rating disabilities utilized 
     by the Secretary of Veterans Affairs based on all medical 
     conditions (whether individually or collectively) that render 
     the member unfit for duty; and
       (B) make the determination of disability regarding the 
     member utilizing the rating of disability assigned under 
     subparagraph (A).
       (3) Electronic clearing house.--Under one of the pilot 
     programs, the Secretary of Defense shall establish and 
     operate a single Internet website for the disability 
     evaluation system of the Department of Defense that enables 
     participating members of the Armed Forces to fully utilize 
     such system through the Internet, with such Internet website 
     to include the following:
       (A) The availability of any forms required for the 
     utilization of the disability evaluation system by members of 
     the Armed Forces under the system.
       (B) Secure mechanisms for the submission of such forms by 
     members of the Armed Forces under the system, and for the 
     tracking of the acceptance and review of any forms so 
     submitted.
       (C) Secure mechanisms for advising members of the Armed 
     Forces under the system of any additional information, forms, 
     or other items that are required for the acceptance and 
     review of any forms so submitted.
       (D) The continuous availability of assistance to members of 
     the Armed Forces under the system (including assistance 
     through the caseworkers assigned to such members of the Armed 
     Forces) in submitting and tracking such forms, including 
     assistance in obtaining information, forms, or other items 
     described by subparagraph (C).
       (E) Secure mechanisms to request and receive personnel 
     files or other personnel records of members of the Armed 
     Forces under the system that are required for submission 
     under the disability evaluation system, including the 
     capability to track requests for such files or records and to 
     determine the status of such requests and of responses to 
     such requests.
       (4) Other pilot programs.--Under any pilot program carried 
     out by the Secretary of Defense under subsection (a)(3), the 
     Secretary shall provide for the development, evaluation, and 
     identification of such practices and procedures under the 
     disability evaluation system of the Department of Defense as 
     the Secretary considers appropriate for purpose set forth in 
     subsection (d).
       (d) Purpose.--The purpose of each pilot program under 
     subsection (a) shall be--
       (1) to provide for the development, evaluation, and 
     identification of revised and improved practices and 
     procedures under the disability evaluation system of the 
     Department of Defense in order to--
       (A) reduce the processing time under the disability 
     evaluation system of members of the Armed Forces who are 
     likely to be retired or separated for disability, and who 
     have not requested continuation on active duty, including, in 
     particular, members who are severely wounded;
       (B) identify and implement or seek the modification of 
     statutory or administrative policies and requirements 
     applicable to the disability evaluation system that--
       (i) are unnecessary or contrary to applicable best 
     practices of civilian employers and civilian healthcare 
     systems; or
       (ii) otherwise result in hardship, arbitrary, or 
     inconsistent outcomes for members of the Armed Forces, or 
     unwarranted inefficiencies and delays;
       (C) eliminate material variations in policies, 
     interpretations, and overall performance standards among the 
     military departments under the disability evaluation system; 
     and
       (D) determine whether it enhances the capability of the 
     Department of Veterans Affairs to receive and determine 
     claims from members of the Armed Forces for compensation, 
     pension, hospitalization, or other veterans benefits; and
       (2) in conjunction with the findings and recommendations of 
     applicable Presidential and Department of Defense study 
     groups, to provide for the eventual development of revised 
     and improved practices and procedures for the disability 
     evaluation system in order to achieve the objectives set 
     forth in paragraph (1).
       (e) Utilization of Results in Updates of Comprehensive 
     Policy on Care, Management, and Transition of Covered 
     Servicemembers.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly incorporate responses to 
     any findings and recommendations arising under the pilot 
     programs required by subsection (a) in updating the 
     comprehensive policy on the care and management of covered 
     servicemembers under section 111.
       (f) Construction With Other Authorities.--
       (1) In general.--Subject to paragraph (2), in carrying out 
     a pilot program under subsection (a)--
       (A) the rules and regulations of the Department of Defense 
     and the Department of Veterans Affairs relating to methods of 
     determining fitness or unfitness for duty and disability 
     ratings for members of the Armed Forces shall apply to the 
     pilot program only to the extent provided in the report on 
     the pilot program under subsection (h)(1); and
       (B) the Secretary of Defense and the Secretary of Veterans 
     Affairs may waive any provision of title 10, 37, or 38, 
     United States Code, relating to methods of determining 
     fitness or unfitness for duty and disability ratings for 
     members of the Armed Forces if the Secretaries determine in 
     writing that the application of such provision would be 
     inconsistent with the purpose of the pilot program.
       (2) Limitation.--Nothing in paragraph (1) shall be 
     construed to authorize the waiver of any provision of section 
     1216a of title 10, United States Code, as added by section 
     152 of this Act.
       (g) Duration.--Each pilot program under subsection (a) 
     shall be completed not later than one year after the date of 
     the commencement of such pilot program under that subsection.
       (h) Reports.--
       (1) Initial report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress a report on 
     the pilot programs under subsection (a). The report shall 
     include--
       (A) a description of the scope and objectives of each pilot 
     program;
       (B) a description of the methodology to be used under such 
     pilot program to ensure rapid identification under such pilot 
     program of revised or improved practices under the disability 
     evaluation system of the Department of Defense in order to 
     achieve the objectives set forth in subsection (d)(1); and
       (C) a statement of any provision described in subsection 
     (f)(1)(B) that shall not apply to the pilot program by reason 
     of a waiver under that subsection.
       (2) Interim report.--Not later than 150 days after the date 
     of the submittal of the report required by paragraph (1), the 
     Secretary shall submit to the appropriate committees of 
     Congress a report describing the current status of such pilot 
     program.
       (3) Final report.--Not later than 90 days after the 
     completion of all the pilot programs described in paragraphs 
     (1) through (3) of subsection (c), the Secretary shall submit 
     to the appropriate committees of Congress a report setting 
     forth a final evaluation and assessment of such pilot 
     programs. The report shall include such recommendations for 
     legislative or administrative action as the Secretary 
     considers appropriate in light of such pilot programs.

     SEC. 155. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO 
                   DEFICIENCIES IN THE ARMY PHYSICAL DISABILITY 
                   EVALUATION SYSTEM.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the implementation of corrective measures by the 
     Department of Defense with respect to the Physical Disability 
     Evaluation System (PDES) in response to the following:
       (1) The report of the Inspector General of the Army on that 
     system of March 6, 2007.
       (2) The report of the Independent Review Group on 
     Rehabilitation Care and Administrative Processes at Walter 
     Reed Army Medical Center and National Naval Medical Center.
       (3) The report of the Department of Veterans Affairs Task 
     Force on Returning Global War on Terror Heroes.
       (b) Elements of Report.--Each report under subsection (a) 
     shall include current information on the following:
       (1) The total number of cases, and the number of cases 
     involving combat disabled servicemembers, pending resolution 
     before the Medical and Physical Disability Evaluation Boards 
     of the Army, including information on the number of members 
     of the Army who have been in a medical hold or holdover 
     status for more than each of 100, 200, and 300 days.
       (2) The status of the implementation of modifications to 
     disability evaluation processes of the Department of Defense 
     in response to the following:
       (A) The report of the Inspector General on such processes 
     dated March 6, 2007.

[[Page S9940]]

       (B) The report of the Independent Review Group on 
     Rehabilitation Care and Administrative Processes at Walter 
     Reed Army Medical Center and National Naval Medical Center.
       (C) The report of the Department of Veterans Affairs Task 
     Force on Returning Global War on Terror Heroes.
       (c) Posting on Internet.--Not later than 24 hours after 
     submitting a report under subsection (a), the Secretary shall 
     post such report on the Internet website of the Department of 
     Defense that is available to the public.

                   PART II--OTHER DISABILITY MATTERS

     SEC. 161. ENHANCEMENT OF DISABILITY SEVERANCE PAY FOR MEMBERS 
                   OF THE ARMED FORCES.

       (a) In General.--Section 1212 of title 10, United States 
     Code, is amended--
       (1) in subsection (a)(1), by striking ``his years of 
     service, but not more than 12, computed under section 1208 of 
     this title'' in the matter preceding subparagraph (A) and 
     inserting ``the member's years of service computed under 
     section 1208 of this title (subject to the minimum and 
     maximum years of service provided for in subsection (c))'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) The minimum years of service of a member for 
     purposes of subsection (a)(1) shall be as follows:
       ``(A) Six years in the case of a member separated from the 
     armed forces for a disability incurred in line of duty in a 
     combat zone (as designated by the Secretary of Defense for 
     purposes of this subsection) or incurred during the 
     performance of duty in combat-related operations as 
     designated by the Secretary of Defense.
       ``(B) Three years in the case of any other member.
       ``(2) The maximum years of service of a member for purposes 
     of subsection (a)(1) shall be 19 years.''.
       (b) No Deduction From Compensation of Severance Pay for 
     Disabilities Incurred in Combat Zones.--Subsection (d) of 
     such section, as redesignated by subsection (a)(2) of this 
     section, is further amended--
       (1) by inserting ``(1)'' after ``(d)'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following new paragraphs:
       ``(2) No deduction may be made under paragraph (1) in the 
     case of disability severance pay received by a member for a 
     disability incurred in line of duty in a combat zone or 
     incurred during performance of duty in combat-related 
     operations as designated by the Secretary of Defense.
       ``(3) No deduction may be made under paragraph (1) from any 
     death compensation to which a member's dependents become 
     entitled after the member's death.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to members of the Armed Forces 
     separated from the Armed Forces under chapter 61 of title 10, 
     United States Code, on or after that date.

     SEC. 162. TRAUMATIC SERVICEMEMBERS' GROUP LIFE INSURANCE.

       (a) Designation of Fiduciary for Members With Lost Mental 
     Capacity or Extended Loss of Consciousness.--The Secretary of 
     Defense shall, in consultation with the Secretary of Veterans 
     Affairs, develop a form for the designation of a recipient 
     for the funds distributed under section 1980A of title 38, 
     United States Code, as the fiduciary of a member of the Armed 
     Forces in cases where the member is medically incapacitated 
     (as determined by the Secretary of Defense in consultation 
     with the Secretary of Veterans Affairs) or experiencing an 
     extended loss of consciousness.
       (b) Elements.--The form under subsection (a) shall require 
     that a member may elect that--
       (1) an individual designated by the member be the recipient 
     as the fiduciary of the member; or
       (2) a court of proper jurisdiction determine the recipient 
     as the fiduciary of the member for purposes of this 
     subsection.
       (c) Completion and Update.--The form under subsection (a) 
     shall be completed by an individual at the time of entry into 
     the Armed Forces and updated periodically thereafter.

     SEC. 163. ELECTRONIC TRANSFER FROM THE DEPARTMENT OF DEFENSE 
                   TO THE DEPARTMENT OF VETERANS AFFAIRS OF 
                   DOCUMENTS SUPPORTING ELIGIBILITY FOR BENEFITS.

       The Secretary of Defense and the Secretary of Veterans 
     Affairs shall jointly develop and implement a mechanism to 
     provide for the electronic transfer from the Department of 
     Defense to the Department of Veterans Affairs of any 
     Department of Defense documents (including Department of 
     Defense form DD-214) necessary to establish or support the 
     eligibility of a member of the Armed Forces for benefits 
     under the laws administered by the Secretary of Veterans 
     Affairs at the time of the retirement, separation, or release 
     of the member from the Armed Forces.

     SEC. 164. ASSESSMENTS OF TEMPORARY DISABILITY RETIRED LIST.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense and the Comptroller 
     General of the United States shall each submit to the 
     congressional defense committees a report assessing the 
     continuing utility of the temporary disability retired list 
     in satisfying the purposes for which the temporary disability 
     retired list was established. Each report shall include such 
     recommendations for the modification or improvement of the 
     temporary disability retired list as the Secretary or the 
     Comptroller General, as applicable, considers appropriate in 
     light of the assessment in such report.

         Subtitle D--Improvement of Facilities Housing Patients

     SEC. 171. STANDARDS FOR MILITARY MEDICAL TREATMENT 
                   FACILITIES, SPECIALTY MEDICAL CARE FACILITIES, 
                   AND MILITARY QUARTERS HOUSING PATIENTS.

       (a) Establishment of Standards.--The Secretary of Defense 
     shall establish for the military facilities referred to in 
     subsection (b) standards with respect to the matters set 
     forth in subsection (c). The standards shall, to the maximum 
     extent practicable--
       (1) be uniform and consistent across such facilities; and
       (2) be uniform and consistent across the Department of 
     Defense and the military departments.
       (b) Covered Military Facilities.--The military facilities 
     referred to in this subsection are the military facilities of 
     the Department of Defense and the military departments as 
     follows:
       (1) Military medical treatment facilities.
       (2) Specialty medical care facilities.
       (3) Military quarters or leased housing for patients.
       (c) Scope of Standards.--The standards required by 
     subsection (a) shall include the following:
       (1) Generally accepted standards for the accreditation of 
     medical facilities, or for facilities used to quarter 
     individuals that may require medical supervision, as 
     applicable, in the United States.
       (2) To the extent not inconsistent with the standards 
     described in paragraph (1), minimally acceptable conditions 
     for the following:
       (A) Appearance and maintenance of facilities generally, 
     including the structure and roofs of facilities.
       (B) Size, appearance, and maintenance of rooms housing or 
     utilized by patients, including furniture and amenities in 
     such rooms.
       (C) Operation and maintenance of primary and back-up 
     facility utility systems and other systems required for 
     patient care, including electrical systems, plumbing systems, 
     heating, ventilation, and air conditioning systems, 
     communications systems, fire protection systems, energy 
     management systems, and other systems required for patient 
     care.
       (D) Compliance with Federal Government standards for 
     hospital facilities and operations.
       (E) Compliance of facilities, rooms, and grounds, to the 
     maximum extent practicable, with the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
       (F) Such other matters relating to the appearance, size, 
     operation, and maintenance of facilities and rooms as the 
     Secretary considers appropriate.
       (d) Compliance With Standards.--
       (1) Deadline.--In establishing standards under subsection 
     (a), the Secretary shall specify a deadline for compliance 
     with such standards by each facility referred to in 
     subsection (b). The deadline shall be at the earliest date 
     practicable after the date of the enactment of this Act, and 
     shall, to the maximum extent practicable, be uniform across 
     the facilities referred to in subsection (b).
       (2) Investment.--In carrying out this section, the 
     Secretary shall also establish guidelines for investment to 
     be utilized by the Department of Defense and the military 
     departments in determining the allocation of financial 
     resources to facilities referred to in subsection (b) in 
     order to meet the deadline specified under paragraph (1).
       (e) Report.--
       (1) In general.--Not later than December 30, 2007, the 
     Secretary shall submit to the congressional defense 
     committees a report on the actions taken to carry out this 
     section.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) The standards established under subsection (a).
       (B) An assessment of the appearance, condition, and 
     maintenance of each facility referred to in subsection (a), 
     including--
       (i) an assessment of the compliance of such facility with 
     the standards established under subsection (a); and
       (ii) a description of any deficiency or noncompliance in 
     each facility with the standards.
       (C) A description of the investment to be allocated to 
     address each deficiency or noncompliance identified under 
     subparagraph (B)(ii).

     SEC. 172. REPORTS ON ARMY ACTION PLAN IN RESPONSE TO 
                   DEFICIENCIES IDENTIFIED AT WALTER REED ARMY 
                   MEDICAL CENTER.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act, and every 120 days 
     thereafter until March 1, 2009, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the implementation of the action plan of the Army to 
     correct deficiencies identified in the condition of 
     facilities, and in the administration of outpatients in 
     medical hold or medical holdover status, at Walter Reed Army 
     Medical Center

[[Page S9941]]

     (WRAMC) and at other applicable Army installations at which 
     covered members of the Armed Forces are assigned.
       (b) Elements of Report.--Each report under subsection (a) 
     shall include current information on the following:
       (1) The number of inpatients at Walter Reed Army Medical 
     Center, and the number of outpatients on medical hold or in a 
     medical holdover status at Walter Reed Army Medical Center, 
     as a result of serious injuries or illnesses.
       (2) A description of the lodging facilities and other forms 
     of housing at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, including--
       (A) an assessment of the conditions of such facilities and 
     housing; and
       (B) a description of any plans to correct inadequacies in 
     such conditions.
       (3) The status, estimated completion date, and estimated 
     cost of any proposed or ongoing actions to correct any 
     inadequacies in conditions as described under paragraph (2).
       (4) The number of case managers, platoon sergeants, patient 
     advocates, and physical evaluation board liaison officers 
     stationed at Walter Reed Army Medical Center, and at each 
     other Army facility, to which are assigned personnel in 
     medical hold or medical holdover status as a result of 
     serious injuries or illnesses, and the ratio of case workers 
     and platoon sergeants to outpatients for whom they are 
     responsible at each such facility.
       (5) The number of telephone calls received during the 
     preceding 60 days on the Wounded Soldier and Family hotline 
     (as established on March 19, 2007), a summary of the 
     complaints or communications received through such calls, and 
     a description of the actions taken in response to such calls.
       (6) A summary of the activities, findings, and 
     recommendations of the Army tiger team of medical and 
     installation professionals who visited the major medical 
     treatment facilities and community-based health care 
     organizations of the Army pursuant to March 2007 orders, and 
     a description of the status of corrective actions being taken 
     with to address deficiencies noted by that team.
       (7) The status of the ombudsman programs at Walter Reed 
     Army Medical Center and at other major Army installations to 
     which are assigned personnel in medical hold or medical 
     holdover status as a result of serious injuries or illnesses.
       (c) Posting on Internet.--Not later than 24 hours after 
     submitting a report under subsection (a), the Secretary shall 
     post such report on the Internet website of the Department of 
     Defense that is available to the public.

     SEC. 173. CONSTRUCTION OF FACILITIES REQUIRED FOR THE CLOSURE 
                   OF WALTER REED ARMY MEDICAL CENTER, DISTRICT OF 
                   COLUMBIA.

       (a) Assessment of Acceleration of Construction of 
     Facilities.--The Secretary of Defense shall carry out an 
     assessment of the feasibility (including the cost-
     effectiveness) of accelerating the construction and 
     completion of any new facilities required to facilitate the 
     closure of Walter Reed Army Medical Center, District of 
     Columbia, as required as a result of the 2005 round of 
     defense base closure and realignment under the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; U.S.C. 2687 note).
       (b) Development and Implementation of Plan for Construction 
     of Facilities.--
       (1) In general.--The Secretary shall develop and carry out 
     a plan for the construction and completion of any new 
     facilities required to facilitate the closure of Walter Reed 
     Army Medical Center as required as described in subsection 
     (a). If the Secretary determines as a result of the 
     assessment under subsection (a) that accelerating the 
     construction and completion of such facilities is feasible, 
     the plan shall provide for the accelerated construction and 
     completion of such facilities in a manner consistent with 
     that determination.
       (2) Submittal of plan.--The Secretary shall submit to the 
     congressional defense committees the plan required by 
     paragraph (1) not later than September 30, 2007.
       (c) Certifications.--Not later than September 30, 2007, the 
     Secretary shall submit to the congressional defense 
     committees a certification of each of the following:
       (1) That a transition plan has been developed, and 
     resources have been committed, to ensure that patient care 
     services, medical operations, and facilities are sustained at 
     the highest possible level at Walter Reed Army Medical Center 
     until facilities to replace Walter Reed Army Medical Center 
     are staffed and ready to assume at least the same level of 
     care previously provided at Walter Reed Army Medical Center.
       (2) That the closure of Walter Reed Army Medical Center 
     will not result in a net loss of capacity in the major 
     military medical centers in the National Capitol Region in 
     terms of total bed capacity or staffed bed capacity.
       (3) That the capacity and types of medical hold and out-
     patient lodging facilities currently operating at Walter Reed 
     Army Medical Center will be available at the facilities to 
     replace Walter Reed Army Medical Center by the date of the 
     closure of Walter Reed Army Medical Center.
       (4) That adequate funds have been provided to complete 
     fully all facilities identified in the Base Realignment and 
     Closure Business Plan for Walter Reed Army Medical Center 
     submitted to the congressional defense committees as part of 
     the budget justification materials submitted to Congress 
     together with the budget of the President for fiscal year 
     2008 as contemplated in that business plan.
       (d) Environmental Laws.--Nothing in this section shall 
     require the Secretary or any designated representative to 
     waive or ignore responsibilities and actions required by the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) or the regulations implementing such Act.

        Subtitle E--Outreach and Related Information on Benefits

     SEC. 181. HANDBOOK FOR MEMBERS OF THE ARMED FORCES ON 
                   COMPENSATION AND BENEFITS AVAILABLE FOR SERIOUS 
                   INJURIES AND ILLNESSES.

       (a) Information on Available Compensation and Benefits.--
     The Secretary of Defense shall, in consultation with the 
     Secretary of Veterans Affairs, the Secretary of Health and 
     Human Services, and the Commissioner of Social Security, 
     develop and maintain in handbook and electronic form a 
     comprehensive description of the compensation and other 
     benefits to which a member of the Armed Forces, and the 
     family of such member, would be entitled upon the member's 
     separation or retirement from the Armed Forces as a result of 
     a serious injury or illness. The handbook shall set forth the 
     range of such compensation and benefits based on grade, 
     length of service, degree of disability at separation or 
     retirement, and such other factors affecting such 
     compensation and benefits as the Secretary of Defense 
     considers appropriate.
       (b) Update.--The Secretary of Defense shall update the 
     comprehensive description required by subsection (a), 
     including the handbook and electronic form of the 
     description, on a periodic basis, but not less often than 
     annually.
       (c) Provision to Members.--The Secretary of the military 
     department concerned shall provide the descriptive handbook 
     under subsection (a) to each member of the Armed Forces 
     described in that subsection as soon as practicable following 
     the injury or illness qualifying the member for coverage 
     under that subsection.
       (d) Provision to Representatives.--If a member is 
     incapacitated or otherwise unable to receive the descriptive 
     handbook to be provided under subsection (a), the handbook 
     shall be provided to the next of kin or a legal 
     representative of the member (as determined in accordance 
     with regulations prescribed by the Secretary of the military 
     department concerned for purposes of this section).

                       Subtitle F--Other Matters

     SEC. 191. STUDY ON PHYSICAL AND MENTAL HEALTH AND OTHER 
                   READJUSTMENT NEEDS OF MEMBERS AND FORMER 
                   MEMBERS OF THE ARMED FORCES WHO DEPLOYED IN 
                   OPERATION IRAQI FREEDOM AND OPERATION ENDURING 
                   FREEDOM AND THEIR FAMILIES.

       (a) Study Required.--The Secretary of Defense shall, in 
     consultation with the Secretary of Veterans Affairs, enter 
     into an agreement with the National Academy of Sciences for a 
     study on the physical and mental health and other 
     readjustment needs of members and former members of the Armed 
     Forces who deployed in Operation Iraqi Freedom or Operation 
     Enduring Freedom and their families as a result of such 
     deployment.
       (b) Phases.--The study required under subsection (a) shall 
     consist of two phases:
       (1) A preliminary phase, to be completed not later than 180 
     days after the date of the enactment of this Act--
       (A) to identify preliminary findings on the physical and 
     mental health and other readjustment needs described in 
     subsection (a) and on gaps in care for the members, former 
     members, and families described in that subsection; and
       (B) to determine the parameters of the second phase of the 
     study under paragraph (2).
       (2) A second phase, to be completed not later than three 
     years after the date of the enactment of this Act, to carry 
     out a comprehensive assessment, in accordance with the 
     parameters identified under the preliminary report required 
     by paragraph (1), of the physical and mental health and other 
     readjustment needs of members and former members of the Armed 
     Forces who deployed in Operation Iraqi Freedom or Operation 
     Enduring Freedom and their families as a result of such 
     deployment, including, at a minimum--
       (A) an assessment of the psychological, social, and 
     economic impacts of such deployment on such members and 
     former members and their families;
       (B) an assessment of the particular impacts of multiple 
     deployments in Operation Iraqi Freedom or Operation Enduring 
     Freedom on such members and former members and their 
     families;
       (C) an assessment of the full scope of the neurological, 
     psychiatric, and psychological effects of traumatic brain 
     injury (TBI) on members and former members of the Armed 
     Forces, including the effects of such effects on the family 
     members of such members and former members, and an assessment 
     of the efficacy of current treatment approaches for traumatic 
     brain injury in the United States and the efficacy of 
     screenings and treatment approaches for traumatic brain 
     injury within the Department of Defense and the Department of 
     Veterans Affairs;
       (D) an assessment of the effects of undiagnosed injuries 
     such as post-traumatic

[[Page S9942]]

     stress disorder (PTSD) and traumatic brain injury, an 
     estimate of the long-term costs associated with such 
     injuries, and an assessment of the efficacy of screenings and 
     treatment approaches for post-traumatic stress disorder and 
     other mental health conditions within the Department of 
     Defense and Department of Veterans Affairs;
       (E) an assessment of the particular needs and concerns of 
     female members of the Armed Forces and female veterans;
       (F) an assessment of the particular needs and concerns of 
     children of members of the Armed Forces, taking into account 
     differing age groups, impacts on development and education, 
     and the mental and emotional well being of children;
       (G) an assessment of the particular needs and concerns of 
     minority members of the Armed Forces and minority veterans;
       (H) an assessment of the particular educational and 
     vocational needs of such members and former members and their 
     families, and an assessment of the efficacy of existing 
     educational and vocational programs to address such needs;
       (I) an assessment of the impacts on communities with high 
     populations of military families, including military housing 
     communities and townships with deployed members of the 
     National Guard and Reserve, of deployments associated with 
     Operation Iraqi Freedom and Operation Enduring Freedom, and 
     an assessment of the efficacy of programs that address 
     community outreach and education concerning military 
     deployments of community residents;
       (J) an assessment of the impacts of increasing numbers of 
     older and married members of the Armed Forces on readjustment 
     requirements;
       (K) the development, based on such assessments, of 
     recommendations for programs, treatments, or policy remedies 
     targeted at preventing, minimizing or addressing the impacts, 
     gaps and needs identified; and
       (L) the development, based on such assessments, of 
     recommendations for additional research on such needs.
       (c) Populations To Be Studied.--The study required under 
     subsection (a) shall consider the readjustment needs of each 
     population of individuals as follows:
       (1) Members of the regular components of the Armed Forces 
     who are returning, or have returned, to the United States 
     from deployment in Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (2) Members of the National Guard and Reserve who are 
     returning, or have returned, to the United States from 
     deployment in Operation Iraqi Freedom or Operation Enduring 
     Freedom.
       (3) Veterans of Operation Iraqi Freedom or Operation 
     Enduring Freedom.
       (4) Family members of the members and veterans described in 
     paragraphs (1) through (3).
       (d) Access to Information.--The National Academy of 
     Sciences shall have access to such personnel, information, 
     records, and systems of the Department of Defense and the 
     Department of Veterans Affairs as the National Academy of 
     Sciences requires in order to carry out the study required 
     under subsection (a).
       (e) Privacy of Information.--The National Academy of 
     Sciences shall maintain any personally identifiable 
     information accessed by the Academy in carrying out the study 
     required under subsection (a) in accordance with all 
     applicable laws, protections, and best practices regarding 
     the privacy of such information, and may not permit access to 
     such information by any persons or entities not engaged in 
     work under the study.
       (f) Reports by National Academy of Sciences.--Upon the 
     completion of each phase of the study required under 
     subsection (a), the National Academy of Sciences shall submit 
     to the Secretary of Defense and the Secretary of Veterans 
     Affairs a report on such phase of the study.
       (g) DoD and VA Response to NAS Reports.--
       (1) Preliminary response.--Not later than 45 days after the 
     receipt of a report under subsection (f) on each phase of the 
     study required under subsection (a), the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     preliminary joint Department of Defense-Department of 
     Veterans Affairs plan to address the findings and 
     recommendations of the National Academy of Sciences contained 
     in such report. The preliminary plan shall provide 
     preliminary proposals on the matters set forth in paragraph 
     (3).
       (2) Final response.--Not later than 90 days after the 
     receipt of a report under subsection (f) on each phase of the 
     study required under subsection (a), the Secretary of Defense 
     and the Secretary of Veterans Affairs shall jointly develop a 
     final joint Department of Defense-Department of Veterans 
     Affairs plan to address the findings and recommendations of 
     the National Academy of Sciences contained in such report. 
     The final plan shall provide final proposals on the matters 
     set forth in paragraph (3).
       (3) Covered matters.--The matters set forth in this 
     paragraph with respect to a phase of the study required under 
     subsection (a) are as follows:
       (A) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address gaps in care or services as 
     identified by the National Academy of Sciences under such 
     phase of the study.
       (B) Modifications of policy or practice within the 
     Department of Defense and the Department of Veterans Affairs 
     that are necessary to address recommendations made by the 
     National Academy of Sciences under such phase of the study.
       (C) An estimate of the costs of implementing the 
     modifications set forth under subparagraphs (A) and (B), set 
     forth by fiscal year for at least the first five fiscal years 
     beginning after the date of the plan concerned.
       (4) Reports on responses.--The Secretary of Defense and the 
     Secretary of Veterans Affairs shall jointly submit to 
     Congress a report setting forth each joint plan developed 
     under paragraphs (1) and (2).
       (5) Public availability of responses.--The Secretary of 
     Defense and the Secretary of Veterans Affairs shall each make 
     available to the public each report submitted to Congress 
     under paragraph (4), including by posting an electronic copy 
     of such report on the Internet website of the Department of 
     Defense or the Department of Veterans Affairs, as applicable, 
     that is available to the public.
       (6) GAO audit.--Not later than 45 days after the submittal 
     to Congress of the report under paragraph (4) on the final 
     joint Department of Defense-Department of Veterans Affairs 
     plan under paragraph (2), the Comptroller General of the 
     United States shall submit to Congress a report assessing the 
     contents of such report under paragraph (4). The report of 
     the Comptroller General under this paragraph shall include--
       (A) an assessment of the adequacy and sufficiency of the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan in addressing the findings and recommendations 
     of the National Academy of Sciences as a result of the study 
     required under subsection (a);
       (B) an assessment of the feasibility and advisability of 
     the modifications of policy and practice proposed in the 
     final joint Department of Defense-Department of Veterans 
     Affairs plan;
       (C) an assessment of the sufficiency and accuracy of the 
     cost estimates in the final joint Department of Defense-
     Department of Veterans Affairs plan; and
       (D) the comments, if any, of the National Academy of 
     Sciences on the final joint Department of Defense-Department 
     of Veterans Affairs plan.
       (h) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to the Department of Defense 
     such sums as may be necessary to carry out this section.

                       TITLE II--VETERANS MATTERS

     SEC. 201. SENSE OF CONGRESS ON DEPARTMENT OF VETERANS AFFAIRS 
                   EFFORTS IN THE REHABILITATION AND REINTEGRATION 
                   OF VETERANS WITH TRAUMATIC BRAIN INJURY.

       It is the sense of Congress that--
       (1) the Department of Veterans Affairs is a leader in the 
     field of traumatic brain injury care and coordination of such 
     care;
       (2) the Department of Veterans Affairs should have the 
     capacity and expertise to provide veterans who have a 
     traumatic brain injury with patient-centered health care, 
     rehabilitation, and community integration services that are 
     comparable to or exceed similar care and services available 
     to persons with such injuries in the academic and private 
     sector;
       (3) rehabilitation for veterans who have a traumatic brain 
     injury should be individualized, comprehensive, and 
     interdisciplinary with the goals of optimizing the 
     independence of such veterans and reintegrating them into 
     their communities;
       (4) family support is integral to the rehabilitation and 
     community reintegration of veterans who have sustained a 
     traumatic brain injury, and the Department should provide the 
     families of such veterans with education and support;
       (5) the Department of Defense and Department of Veterans 
     Affairs have made efforts to provide a smooth transition of 
     medical care and rehabilitative services to individuals as 
     they transition from the health care system of the Department 
     of Defense to that of the Department of Veterans Affairs, but 
     more can be done to assist veterans and their families in the 
     continuum of the rehabilitation, recovery, and reintegration 
     of wounded or injured veterans into their communities;
       (6) in planning for rehabilitation and community 
     reintegration of veterans who have a traumatic brain injury, 
     it is necessary for the Department of Veterans Affairs to 
     provide a system for life-long case management for such 
     veterans; and
       (7) in such system for life-long case management, it is 
     necessary to conduct outreach and to tailor specialized 
     traumatic brain injury case management and outreach for the 
     unique needs of veterans with traumatic brain injury who 
     reside in urban and non-urban settings.

     SEC. 202. INDIVIDUAL REHABILITATION AND COMMUNITY 
                   REINTEGRATION PLANS FOR VETERANS AND OTHERS 
                   WITH TRAUMATIC BRAIN INJURY.

       (a) In General.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1710B the following new section:

     ``Sec. 1710C. Traumatic brain injury: plans for 
       rehabilitation and reintegration into the community

       ``(a) Plan Required.--The Secretary shall, for each veteran 
     or member of the Armed Forces who receives inpatient or 
     outpatient

[[Page S9943]]

     rehabilitation care from the Department for a traumatic brain 
     injury--
       ``(1) develop an individualized plan for the rehabilitation 
     and reintegration of such individual into the community; and
       ``(2) provide such plan in writing to such individual 
     before such individual is discharged from inpatient care, 
     following transition from active duty to the Department for 
     outpatient care, or as soon as practicable following 
     diagnosis.
       ``(b) Contents of Plan.--Each plan developed under 
     subsection (a) shall include, for the individual covered by 
     such plan, the following:
       ``(1) Rehabilitation objectives for improving the physical, 
     cognitive, and vocational functioning of such individual with 
     the goal of maximizing the independence and reintegration of 
     such individual into the community.
       ``(2) Access, as warranted, to all appropriate 
     rehabilitative components of the traumatic brain injury 
     continuum of care.
       ``(3) A description of specific rehabilitative treatments 
     and other services to achieve the objectives described in 
     paragraph (1), which description shall set forth the type, 
     frequency, duration, and location of such treatments and 
     services.
       ``(4) The name of the case manager designated in accordance 
     with subsection (d) to be responsible for the implementation 
     of such plan.
       ``(5) Dates on which the effectiveness of the plan will be 
     reviewed in accordance with subsection (f).
       ``(c) Comprehensive Assessment.--
       ``(1) In general.--Each plan developed under subsection (a) 
     shall be based upon a comprehensive assessment, developed in 
     accordance with paragraph (2), of--
       ``(A) the physical, cognitive, vocational, and 
     neuropsychological and social impairments of such individual; 
     and
       ``(B) the family education and family support needs of such 
     individual after discharge from inpatient care.
       ``(2) Formation.--The comprehensive assessment required 
     under paragraph (1) with respect to an individual is a 
     comprehensive assessment of the matters set forth in that 
     paragraph by a team, composed by the Secretary for purposes 
     of the assessment from among, but not limited to, individuals 
     with expertise in traumatic brain injury, including the 
     following:
       ``(A) A neurologist.
       ``(B) A rehabilitation physician.
       ``(C) A social worker.
       ``(D) A neuropsychologist.
       ``(E) A physical therapist.
       ``(F) A vocational rehabilitation specialist.
       ``(G) An occupational therapist.
       ``(H) A speech language pathologist.
       ``(I) A rehabilitation nurse.
       ``(J) An educational therapist.
       ``(K) An audiologist.
       ``(L) A blind rehabilitation specialist.
       ``(M) A recreational therapist.
       ``(N) A low vision optometrist.
       ``(O) An orthotist or prostetist.
       ``(P) An assistive technologist or rehabilitation engineer.
       ``(Q) An otolaryngology physician.
       ``(R) A dietician.
       ``(S) An opthamologist.
       ``(T) A psychiatrist.
       ``(d) Case Manager.--(1) The Secretary shall designate a 
     case manager for each individual described in subsection (a) 
     to be responsible for the implementation of the plan, and 
     coordination of such care, required by such subsection for 
     such individual.
       ``(2) The Secretary shall ensure that such case manager has 
     specific expertise in the care required by the individual to 
     whom such case manager is designated, regardless of whether 
     such case manager obtains such expertise through experience, 
     education, or training.
       ``(e) Participation and Collaboration in Development of 
     Plans.--(1) The Secretary shall involve each individual 
     described in subsection (a), and the family or legal guardian 
     of such individual, in the development of the plan for such 
     individual under that subsection to the maximum extent 
     practicable.
       ``(2) The Secretary shall collaborate in the development of 
     a plan for an individual under subsection (a) with a State 
     protection and advocacy system if--
       ``(A) the individual covered by such plan requests such 
     collaboration; or
       ``(B) in the case such individual is incapacitated, the 
     family or guardian of such individual requests such 
     collaboration.
       ``(3) In the case of a plan required by subsection (a) for 
     a member of the Armed Forces who is on active duty, the 
     Secretary shall collaborate with the Secretary of Defense in 
     the development of such plan.
       ``(4) In developing vocational rehabilitation objectives 
     required under subsection (b)(1) and in conducting the 
     assessment required under subsection (c), the Secretary shall 
     act through the Under Secretary for Health in coordination 
     with the Vocational Rehabilitation and Employment Service of 
     the Department of Veterans Affairs.
       ``(f) Evaluation.--
       ``(1) Periodic review by secretary.--The Secretary shall 
     periodically review the effectiveness of each plan developed 
     under subsection (a). The Secretary shall refine each such 
     plan as the Secretary considers appropriate in light of such 
     review.
       ``(2) Request for review by veterans.--In addition to the 
     periodic review required by paragraph (1), the Secretary 
     shall conduct a review of the plan of a veteran under 
     paragraph (1) at the request of such veteran, or in the case 
     that such veteran is incapacitated, at the request of the 
     guardian or the designee of such veteran.
       ``(g) State Designated Protection and Advocacy System 
     Defined.--In this section, the term `State protection and 
     advocacy system' means a system established in a State under 
     subtitle C of the Developmental Disabilities Assistance and 
     Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) to 
     protect and advocate for the rights of persons with 
     development disabilities.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710B the following new 
     item:

``1710C. Traumatic brain injury: plans for rehabilitation and 
              reintegration into the community.''.

     SEC. 203. USE OF NON-DEPARTMENT OF VETERANS AFFAIRS 
                   FACILITIES FOR IMPLEMENTATION OF REHABILITATION 
                   AND COMMUNITY REINTEGRATION PLANS FOR TRAUMATIC 
                   BRAIN INJURY.

       (a) In General.--Subchapter II of chapter 17 of title 38, 
     United States Code, is amended by inserting after section 
     1710C, as added by section 202 of this Act, the following new 
     section:

     ``Sec. 1710D. Traumatic brain injury: use of non-Department 
       facilities for rehabilitation

       ``(a) In General.--Subject to section 1710(a)(4) of this 
     title and subsection (b) of this section, the Secretary shall 
     provide rehabilitative treatment or services to implement a 
     plan developed under section 1710C of this title at a non-
     Department facility with which the Secretary has entered into 
     an agreement for such purpose, to an individual--
       ``(1) who is described in section 1710C(a) of this title; 
     and
       ``(2)(A) to whom the Secretary is unable to provide such 
     treatment or services at the frequency or for the duration 
     prescribed in such plan; or
       ``(B) for whom the Secretary determines that it is optimal 
     with respect to the recovery and rehabilitation of such 
     individual .
       ``(b) Standards.--The Secretary may not provide treatment 
     or services as described in subsection (a) at a non-
     Department facility under such subsection unless such 
     facility maintains standards for the provision of such 
     treatment or services established by an independent, peer-
     reviewed organization that accredits specialized 
     rehabilitation programs for adults with traumatic brain 
     injury.
       ``(c) Authorities of State Protection and Advocacy 
     Systems.--With respect to the provision of rehabilitative 
     treatment or services described in subsection (a) in a non-
     Department facility, a State designated protection and 
     advocacy system established under subtitle C of the 
     Developmental Disabilities Assistance and Bill of Rights Act 
     of 2000 (42 U.S.C. 15041 et seq.) shall have the authorities 
     described under such subtitle.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1710C, as added by section 
     202 of this Act, the following new item:

``1710D. Traumatic brain injury: use of non-Department facilities for 
              rehabilitation.''.

       (c) Conforming Amendment.--Section 1710(a)(4) of such title 
     is amended by inserting ``the requirement in section 1710D of 
     this title that the Secretary provide certain rehabilitative 
     treatment or services,'' after ``extended care services,''.

     SEC. 204. RESEARCH, EDUCATION, AND CLINICAL CARE PROGRAM ON 
                   SEVERE TRAUMATIC BRAIN INJURY.

       (a) Program Required.--Subchapter II of chapter 73 of title 
     38, United States Code, is amended by inserting after section 
     7330 the following new section:

     ``Sec. 7330A. Severe traumatic brain injury research, 
       education, and clinical care program

       ``(a) Program Required.--The Secretary shall establish a 
     program on research, education, and clinical care to provide 
     intensive neuro-rehabilitation to veterans with a severe 
     traumatic brain injury, including veterans in a minimally 
     conscious state who would otherwise receive only long-term 
     residential care.
       ``(b) Collaboration Required.--The Secretary shall 
     establish the program required by subsection (a) in 
     collaboration with the Defense and Veterans Brain Injury 
     Center and other relevant programs of the Federal Government 
     (including other Centers of Excellence).
       ``(c) Education Required.--As part of the program required 
     by subsection (a), the Secretary shall, in collaboration with 
     the Defense and Veterans Brain Injury Center and any other 
     relevant programs of the Federal Government (including other 
     Centers of Excellence), conduct educational programs on 
     recognizing and diagnosing mild and moderate cases of 
     traumatic brain injury.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary for each of fiscal years 
     2008 through 2012, $10,000,000 to carry out the program 
     required by subsection (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 is amended by inserting after the 
     item relating to section 7330 the following new item:

``7330A. Severe traumatic brain injury research, education, and 
              clinical care program.''.


[[Page S9944]]


       (c) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a report on the research to be 
     conducted under the program required by section 7330A of 
     title 38, United States Code, as added by subsection (a).

     SEC. 205. PILOT PROGRAM ON ASSISTED LIVING SERVICES FOR 
                   VETERANS WITH TRAUMATIC BRAIN INJURY.

       (a) Pilot Program.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall, in collaboration with the Defense and Veterans 
     Brain Injury Center, carry out a pilot program to assess the 
     effectiveness of providing assisted living services to 
     eligible veterans to enhance the rehabilitation, quality of 
     life, and community integration of such veterans.
       (b) Duration of Program.--The pilot program shall be 
     carried out during the five-year period beginning on the date 
     of the commencement of the pilot program.
       (c) Program Locations.--
       (1) In general.--The pilot program shall be carried out at 
     locations selected by the Secretary for purposes of the pilot 
     program. Of the locations so selected--
       (A) at least one shall be in each health care region of the 
     Veterans Health Administration that contains a polytrauma 
     center of the Department of Veterans Affairs; and
       (B) any other locations shall be in areas that contain high 
     concentrations of veterans with traumatic brain injury, as 
     determined by the Secretary.
       (2) Special consideration for veterans in rural areas.--
     Special consideration shall be given to provide veterans in 
     rural areas with an opportunity to participate in the pilot 
     program.
       (d) Provision of Assisted Living Services.--
       (1) Agreements.--In carrying out the pilot program, the 
     Secretary may enter into agreements for the provision of 
     assisted living services on behalf of eligible veterans with 
     a provider participating under a State plan or waiver under 
     title XIX of such Act (42 U.S.C. 1396 et seq.).
       (2) Standards.--The Secretary may not place, transfer, or 
     admit a veteran to any facility for assisted living services 
     under this program unless the Secretary determines that the 
     facility meets such standards as the Secretary may prescribe 
     for purposes of the pilot program. Such standards shall, to 
     the extent practicable, be consistent with the standards of 
     Federal, State, and local agencies charged with the 
     responsibility of licensing or otherwise regulating or 
     inspecting such facilities.
       (e) Continuation of Case Management and Rehabilitation 
     Services.--In carrying the pilot program under subsection 
     (a), the Secretary shall continue to provide each veteran who 
     is receiving assisted living services under the pilot program 
     with rehabilitative services and shall designate Department 
     health-care employees to furnish case management services for 
     veterans participating in the pilot program.
       (f) Report.--
       (1) In general.--Not later than 60 days after the 
     completion of the pilot program, the Secretary shall submit 
     to the congressional veterans affairs committees a report on 
     the pilot program.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the pilot program.
       (B) An assessment of the utility of the activities under 
     the pilot program in enhancing the rehabilitation, quality of 
     life, and community reintegration of veterans with traumatic 
     brain injury.
       (C) Such recommendations as the Secretary considers 
     appropriate regarding the extension or expansion of the pilot 
     program.
       (g) Definitions.--In this section:
       (1) The term ``assisted living services'' means services of 
     a facility in providing room, board, and personal care for 
     and supervision of residents for their health, safety, and 
     welfare.
       (2) The term ``case management services'' includes the 
     coordination and facilitation of all services furnished to a 
     veteran by the Department of Veterans Affairs, either 
     directly or through contract, including assessment of needs, 
     planning, referral (including referral for services to be 
     furnished by the Department, either directly or through a 
     contract, or by an entity other than the Department), 
     monitoring, reassessment, and followup.
       (3) The term ``congressional veterans affairs committees'' 
     means--
       (A) the Committee on Veterans' Affairs of the Senate; and
       (B) the Committee on Veterans' Affairs of the House of 
     Representatives.
       (4) The term ``eligible veteran'' means a veteran who--
       (A) is enrolled in the Department of Veterans Affairs 
     health care system;
       (B) has received treatment for traumatic brain injury from 
     the Department of Veterans Affairs;
       (C) is unable to manage routine activities of daily living 
     without supervision and assistance; and
       (D) could reasonably be expected to receive ongoing 
     services after the end of the pilot program under this 
     section under another government program or through other 
     means.
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Veterans Affairs to 
     carry out this section, $8,000,000 for each of fiscal years 
     2008 through 2013.

     SEC. 206. RESEARCH ON TRAUMATIC BRAIN INJURY.

       (a) Inclusion of Research on Traumatic Brain Injury Under 
     Ongoing Research Programs.--The Secretary of Veterans Affairs 
     shall, in carrying out research programs and activities under 
     the provisions of law referred to in subsection (b), ensure 
     that such programs and activities include research on the 
     sequelae of mild to severe forms of traumatic brain injury, 
     including--
       (1) research on visually-related neurological conditions;
       (2) research on seizure disorders;
       (3) research on means of improving the diagnosis, 
     rehabilitative treatment, and prevention of such sequelae;
       (4) research to determine the most effective cognitive and 
     physical therapies for the sequelae of traumatic brain 
     injury; and
       (5) research on dual diagnosis of post-traumatic stress 
     disorder and traumatic brain injury.
       (b) Research Authorities.--The provisions of law referred 
     to in this subsection are the following:
       (1) Section 3119 of title 38, United States Code, relating 
     to rehabilitation research and special projects.
       (2) Section 7303 of such title, relating to research 
     programs of the Veterans Health Administration.
       (3) Section 7327 of such title, relating to research, 
     education, and clinical activities on complex multi-trauma 
     associated with combat injuries.
       (c) Collaboration.--In carrying out the research required 
     by subsection (a), the Secretary shall collaborate with 
     facilities that--
       (1) conduct research on rehabilitation for individuals with 
     traumatic brain injury; and
       (2) receive grants for such research from the National 
     Institute on Disability and Rehabilitation Research of the 
     Department of Education.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report describing in comprehensive detail 
     the research to be carried out pursuant to subsection (a).

     SEC. 207. AGE-APPROPRIATE NURSING HOME CARE.

       (a) Finding.--Congress finds that young veterans who are 
     injured or disabled through military service and require 
     long-term care should have access to age-appropriate nursing 
     home care.
       (b) Requirement To Provide Age-Appropriate Nursing Home 
     Care.--Section 1710A of title 38, United States Code, is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c) The Secretary shall ensure that nursing home care 
     provided under subsection (a) is provided in an age-
     appropriate manner.''.

     SEC. 208. EXTENSION OF PERIOD OF ELIGIBILITY FOR HEALTH CARE 
                   FOR COMBAT SERVICE IN THE PERSIAN GULF WAR OR 
                   FUTURE HOSTILITIES.

       Section 1710(e)(3)(C) of title 38, United States Code, is 
     amended by striking ``2 years'' and inserting ``5 years''.

     SEC. 209. MENTAL HEALTH: SERVICE-CONNECTION STATUS AND 
                   EVALUATIONS FOR CERTAIN VETERANS.

       (a) Presumption of Service-Connection of Mental Illness for 
     Certain Veterans.--Section 1702 of title 38, United States 
     Code, is amended--
       (1) by striking ``psychosis'' and inserting ``mental 
     illness''; and
       (2) in the heading, by striking ``psychosis'' and inserting 
     ``mental illness''.
       (b) Provision of Mental Health Evaluations for Certain 
     Veterans.--Upon the request of a veteran described in section 
     1710(e)(3)(C) of title 38, United States Code, the Secretary 
     shall provide to such veteran a preliminary mental health 
     evaluation as soon as practicable, but not later than 30 days 
     after such request.

     SEC. 210. MODIFICATION OF REQUIREMENTS FOR FURNISHING 
                   OUTPATIENT DENTAL SERVICES TO VETERANS WITH A 
                   SERVICE-CONNECTED DENTAL CONDITION OR 
                   DISABILITY.

       Section 1712(a)(1)(B)(iv) of title 38, United States Code, 
     is amended by striking ``90-day'' and inserting ``180-day''.

     SEC. 211. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-
                   RISK OF HOMELESSNESS FROM BECOMING HOMELESS.

       (a) Demonstration Program.--The Secretary of Veterans 
     Affairs shall carry out a demonstration program for the 
     purpose of--
       (1) identifying members of the Armed Forces on active duty 
     who are at risk of becoming homeless after they are 
     discharged or released from active duty; and
       (2) providing referral, counseling, and supportive 
     services, as appropriate, to help prevent such members, upon 
     becoming veterans, from becoming homeless.
       (b) Program Locations.--The Secretary shall carry out the 
     demonstration program in at least three locations.
       (c) Identification Criteria.--In developing and 
     implementing the criteria to identify members of the Armed 
     Forces, who upon becoming veterans, are at-risk of becoming 
     homeless, the Secretary of Veterans Affairs shall consult 
     with the Secretary of Defense and such other officials and 
     experts as the Secretary considers appropriate.
       (d) Contracts.--The Secretary of Veterans Affairs may enter 
     into contracts to provide the referral, counseling, and 
     supportive services required under the demonstration program 
     with entities or organizations that

[[Page S9945]]

     meet such requirements as the Secretary may establish.
       (e) Sunset.--The authority of the Secretary under 
     subsection (a) shall expire on September 30, 2011.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 for the purpose of carrying out 
     the provisions of this section.

     SEC. 212. CLARIFICATION OF PURPOSE OF THE OUTREACH SERVICES 
                   PROGRAM OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Clarification of Inclusion of Members of the National 
     Guard and Reserve in Program.--Subsection (a)(1) of section 
     6301 of title 38, United States Code, is amended by inserting 
     ``, or from the National Guard or Reserve,'' after ``active 
     military, naval, or air service''.
       (b) Definition of Outreach.--Subsection (b) of such section 
     is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2) the following new 
     paragraph (1):
       ``(1) the term `outreach' means the act or process of 
     reaching out in a systematic manner to proactively provide 
     information, services, and benefits counseling to veterans, 
     and to the spouses, children, and parents of veterans who may 
     be eligible to receive benefits under the laws administered 
     by the Secretary, to ensure that such individuals are fully 
     informed about, and assisted in applying for, any benefits 
     and programs under such laws;''.

                               TITLE III

     SEC.  . FISCAL YEAR 2008 INCREASE IN MILITARY BASIC PAY.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2008 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2008, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 3.5 percent.
                                 ______
                                 
  SA 2403. Mr. CASEY (for himself and Mr. Specter) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 39, lines 18 and 19, insert after ``executed'' the 
     following: ``: Provided further, That, notwithstanding any 
     other provision of law, funds awarded through grants under 
     subparagraph (F) and available for transit security may be 
     available for expenditure for a period of 4 years''.
                                 ______
                                 
  SA 2404. Mr. MARTINEZ (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       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 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed 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 this paragraph, 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 this paragraph, 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.''.
                                 ______
                                 
  SA 2405. Mr. ALEXANDER (for himself, Ms. Collins, Mr. Voinovich, and 
Mr. Warner) submitted an amendment intended to be proposed to amendment 
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

       On page 40, after line 24, insert the following:


                        REAL ID GRANTS TO STATES

       Sec. __.  (a) For grants to States pursuant to section 
     204(a) of the REAL ID Act of 2005 (division B of Public Law 
     109-13; 119 Stat. 302), $300,000,000 to remain available 
     until expended.
       (b) All discretionary amounts made available under this 
     Act, other than the amount appropriated under subsection (a), 
     shall be reduced a total of $300,000,000, on a pro rata 
     basis.
       (c) Not later than 15 days after the date of the enactment 
     of this Act, the Director of the Office of Management and 
     Budget shall report to the Committee on Appropriations of the 
     Senate and the Committee on Appropriations of the House of 
     Representatives on the accounts subject to pro rata 
     reductions pursuant to subsection (b) and the amount to be 
     reduced in each account.
                                 ______
                                 
  SA 2406. Mr. BAUCUS (for himself, Mr. Sununu, Mr. Leahy, Mr. Tester, 
and Mr. Akaka) submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
                                 ______
                                 
  SA 2407. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 35, line 20, strike ``$3,030,500,000'' and insert 
     ``$3,130,500,000''.
       On page 39, line 21, strike the colon, insert a period and 
     add the following:
       (4) $100,000,000 for grants under the Interoperable 
     Emergency Communications Grants Program established under 
     title XVIII of the Homeland Security Act of 2002; Provided, 
     That the amounts appropriated to the Department of Homeland 
     Security for discretionary spending in this Act shall be 
     reduced on a pro rata basis by the percentage necessary to 
     reduce the overall amount of such spending by $100,000,000.
                                 ______
                                 
  SA 2408. Mr. LIEBERMAN (for himself, Ms. Collins, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536. (a) The amount appropriated by title III for 
     necessary expenses for the United States Fire Administration 
     is increased by $1,000,000 of which not to exceed $1,000,000 
     shall be available to develop a web-based version of the 
     National Fire Incident Reporting System that will ensure that 
     fire-related data can be submitted and accessed by fire 
     departments in real time.
       (b) The amount appropriated by title I under the heading 
     ``analysis and operations'' is increased by $250,000, of 
     which not

[[Page S9946]]

     to exceed $250,000 shall be used to pay salaries and expenses 
     associated with maintaining rotating State and local fire 
     service representation in the National Operations Center.
       (c) The total amount appropriated by title II under the 
     heading ``transportation security administration'' to provide 
     for civil aviation security services pursuant to the Aviation 
     and Transportation Security Act is reduced by $1,250,000 of 
     which $1,250,000 shall be from the amount appropriated for 
     screening operations: Provided, That the total amount of such 
     reductions shall be from the amounts available for privatized 
     screening airports.
                                 ______
                                 
  SA 2409. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--ASYLUM AND DETENTION SAFEGUARDS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Secure and Safe Detention 
     and Asylum Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Credible fear of persecution.--The term ``credible fear 
     of persecution'' has the meaning given that term in section 
     235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)(1)(B)(v)).
       (2) Detainee.--The term ``detainee'' means an alien in the 
     custody of the Department of Homeland Security who is held in 
     a detention facility.
       (3) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an alien detained pending 
     the outcome of a removal proceeding, or an alien detained 
     pending the execution of a final order of removal, is 
     detained for more than 72 hours, or any other facility in 
     which such detention services are provided to the Federal 
     Government by contract, and does not include detention at any 
     port of entry in the United States.
       (4) Reasonable fear of persecution or torture.--The term 
     ``reasonable fear of persecution or torture'' has the meaning 
     given that term in section 208.31 of title 8, Code of Federal 
     Regulations.
       (5) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.

     SEC. __03. RECORDING EXPEDITED REMOVAL INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures and take steps to effectively ensure 
     that questions by employees of the Department exercising 
     expedited removal authority under section 235(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked 
     in a standard manner, and that both these questions and the 
     answers provided in response to them are recorded in a 
     uniform fashion.
       (b) Factors Relating to Sworn Statements.--Where 
     practicable, as determined by the Secretary, in the 
     Secretary's discretion, any sworn or signed written statement 
     taken of an alien as part of the record of a proceeding under 
     section 235(b)(1)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording 
     of the interview which served as the basis for that sworn 
     statement.
       (c) Exemption Authority.--
       (1) In general.--Subsection (b) shall not apply to 
     interviews that occur at facilities, locations, or areas 
     exempted by the Secretary pursuant to this subsection.
       (2) Exemption.--The Secretary or the Secretary's designee 
     may exempt any facility, location, or area from the 
     requirements of this section based on a determination by the 
     Secretary or the Secretary's designee that compliance with 
     subsection (b) at that facility would impair operations or 
     impose undue burdens or costs.
       (3) Report.--The Secretary or the Secretary's designee 
     shall report annually to Congress on the facilities that have 
     been exempted pursuant to this subsection.
       (d) Interpreters.--The Secretary shall ensure that a 
     competent interpreter, not affiliated with the government of 
     the country from which the alien may claim asylum, is used 
     when the interviewing officer does not speak a language 
     understood by the alien and there is no other Federal, State, 
     or local government employee available who is able to 
     interpret effectively, accurately, and impartially.
       (e) Recordings in Immigration Proceedings.--Recordings of 
     interviews of aliens subject to expedited removal shall be 
     included in the record of proceeding and may be considered as 
     evidence in any further proceedings involving the alien.
       (f) No Private Right of Action.--Nothing in this section 
     shall be construed to create any right, benefit, trust, or 
     responsibility, whether substantive or procedural, 
     enforceable in law or equity by a party against the United 
     States, its departments, agencies, instrumentalities, 
     entities, officers, employees, or agents, or any person, nor 
     does this section create any right of review in any 
     administrative, judicial, or other proceeding.

     SEC. __04. OPTIONS REGARDING DETENTION DECISIONS.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (ii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (II) by striking ``or'' at the end;

       (ii) in subparagraph (B), by striking ``but'' at the end; 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in this 
     section; but'';
       (2) in subsection (b), by striking ``Attorney General'' and 
     inserting ``Secretary'';
       (3) in subsection (c)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,''; and
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``Attorney General'' and 
     inserting ``Secretary'';
       (B) in paragraph (1), in subparagraphs (A) and (B), by 
     striking ``Service'' each place it appears and inserting 
     ``Department of Homeland Security''; and
       (C) in paragraph (3), by striking ``Service'' and inserting 
     ``Secretary of Homeland Security''.

     SEC. __05. REPORT TO CONGRESS ON PAROLE PROCEDURES AND 
                   STANDARDIZATION OF PAROLE PROCEDURES.

       (a) In General.--The Attorney General and the Secretary of 
     Homeland Security shall jointly conduct a review and report 
     to the appropriate Committees of the Senate and the House of 
     Representatives within 180 days of the date of enactment of 
     this Act regarding the effectiveness of parole and custody 
     determination procedures applicable to aliens who have 
     established a credible fear of persecution and are awaiting a 
     final determination regarding their asylum claim by the 
     immigration courts. The report shall include the following:
       (1) An analysis of the rate at which release from detention 
     (including release on parole) is granted to aliens who have 
     established a credible fear of persecution and are awaiting a 
     final determination regarding their asylum claim by the 
     immigration courts throughout the United States, and any 
     disparity that exists between locations or geographical 
     areas, including explanation of the reasons for this 
     disparity and what actions are being taken to have consistent 
     and uniform application of the standards for granting parole.
       (2) An analysis of the effect of the procedures and 
     policies applied with respect to parole and custody 
     determinations both by the Attorney General and the Secretary 
     on the alien's pursuit of their asylum claim before an 
     immigration court.
       (3) An analysis of the effect of the procedures and 
     policies applied with respect to parole and custody 
     determinations both by the Attorney General and the Secretary 
     on the alien's physical and psychological well-being.
       (4) An analysis of the effectiveness of the procedures and 
     policies applied with respect to parole and custody 
     determinations both by the Attorney General and the Secretary 
     in securing the alien's presence at the immigration court 
     proceedings.
       (b) Recommendations.--The report shall include 
     recommendations with respect to whether the existing parole 
     and custody determination procedures applicable to aliens who 
     have established a credible fear of persecution and are 
     awaiting a final determination regarding their asylum claim 
     by the immigration courts should be modified in order to 
     ensure a more consistent application of these procedures in a 
     way that both respects the interests of aliens pursuing valid 
     claims of asylum and ensures the presence of the aliens at 
     the immigration court proceedings.

     SEC. __06. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of Homeland Security, shall ensure that all 
     detained aliens in immigration and asylum proceedings receive 
     legal orientation through a program administered and 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this section shall be based on the 
     Legal Orientation Program carried out by the Executive Office 
     for Immigration Review on the date of the enactment of this 
     Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     aliens awaiting a credible fear of persecution interview or 
     an interview related to a reasonable fear of persecution or 
     torture determination under section 241(b)(3).

     SEC. __07. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to comply with the following policies and 
     procedures:

[[Page S9947]]

       (1) Fair and humane treatment.--Procedures to prevent 
     detainees from being subject to degrading or inhumane 
     treatment such as physical abuse, sexual abuse or harassment, 
     or arbitrary punishment.
       (2) Limitations on solitary confinement.--Procedures 
     limiting the use of solitary confinement, shackling, and 
     strip searches of detainees to situations where the use of 
     such techniques is necessitated by security interests, the 
     safety of officers and other detainees, or other 
     extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low-cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--
       (A) In general.--Essential medical care provided promptly 
     at no cost to the detainee, including dental care, eye care, 
     mental health care, and where appropriate, individual and 
     group counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the 
     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (B) Exception.--A detention facility that is not operated 
     by the Department of Homeland Security or by a private 
     contractor on behalf of the Department of Homeland Security 
     shall not be required to maintain current accreditation by 
     the NCCHC or to seek accreditation by the JCAHO.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Frequent access 
     to indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the distinctions between persons with 
     criminal convictions or a history of violent behavior and all 
     other detainees; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for a noncriminal, nonviolent population.
       (d) Special Standards for Specific Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of--
       (A) victims of persecution, torture, trafficking, and 
     domestic violence;
       (B) families with children;
       (C) detainees who do not speak English; and
       (D) detainees with special religious, cultural, or 
     spiritual considerations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations described in paragraph (1).
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where such personnel work. The 
     training should address the unique needs of--
       (A) aliens who have established credible fear of 
     persecution;
       (B) victims of torture or other trauma and victims of 
     persecution, trafficking, and domestic violence; and
       (C) families with children, detainees who do not speak 
     English, and detainees with special religious, cultural, or 
     spiritual considerations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.
       (f) No Private Right of Action.--Nothing in this section 
     shall be construed to create any right, benefit, trust, or 
     responsibility, whether substantive or procedural, 
     enforceable in law or equity by a party against the United 
     States, its departments, agencies, instrumentalities, 
     entities, officers, employees, or agents, or any person, nor 
     does this section create any right of review in any 
     administrative, judicial, or other proceeding.

     SEC. __08. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this section 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator. At the discretion of the Secretary, 
     the Administrator of the Office shall be appointed by, and 
     shall report to, either the Secretary or the Assistant 
     Secretary of Homeland Security for United States Immigration 
     and Customs Enforcement. The Office shall be independent of 
     the Office of Detention and Removal Operations, but shall be 
     subject to the supervision and direction of the Secretary or 
     Assistant Secretary.
       (3) Schedule.--The Office shall be established and the 
     Administrator of the Office appointed not later than 6 months 
     after the date of the enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Administrator of 
     the Office shall--
       (A) undertake regular and, where appropriate, unannounced 
     inspections of all detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a confidential written complaint 
     directly with the Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     all findings of a detention facility's noncompliance with 
     detention standards.
       (2) Investigations.--The Administrator of the Office 
     shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) conduct any review or audit relating to detention as 
     directed by the Secretary or the Assistant Secretary;
       (C) report to the Secretary and the Assistant Secretary the 
     results of all investigations, reviews, or audits; and
       (D) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department;
       (iii) the Office of Civil Rights and Civil Liberties of the 
     Department; or
       (iv) any other relevant office or agency.
       (3) Report to congress.--
       (A) In general.--The Administrator of the Office shall 
     submit to the Secretary, the Assistant Secretary, the 
     Committee on the Judiciary and the Committee on Homeland 
     Security and Governmental Affairs of the Senate, and the 
     Committee on the Judiciary and the Committee on Homeland 
     Security of the House of Representatives an annual report on 
     the Administrator's findings on detention conditions and the 
     results of the completed investigations carried out by the 
     Administrator.
       (B) Contents of report.--Each report required by 
     subparagraph (A) shall include--
       (i) a description of--

       (I) each detention facility found to be in noncompliance 
     with the standards for detention required by this title; and
       (II) the actions taken by the Department to remedy any 
     findings of noncompliance or other identified problems; and

       (ii) information regarding whether such actions were 
     successful and resulted in compliance with detention 
     standards.
       (c) Cooperation With Other Offices and Agencies.--Whenever 
     appropriate, the Administrator of the Office shall cooperate 
     and coordinate its activities with--
       (1) the Office of the Inspector General of the Department;
       (2) the Office of Civil Rights and Civil Liberties of the 
     Department;
       (3) the Privacy Officer of the Department;
       (4) the Department of Justice; or
       (5) any other relevant office or agency.

     SEC. __09. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program under which an alien 
     who has been detained may be released under enhanced 
     supervision to prevent the alien from absconding and to 
     ensure that the alien makes appearances related to such 
     detention.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing pilot 
     programs such as the Intensive Supervision Appearance Program 
     developed by the Department.
       (2) Utilization of alternatives.--In facilitating the 
     development of the secure alternatives program, the Secretary 
     shall have discretion to utilize a continuum of alternatives 
     to a supervision of the alien, including placement of the 
     alien with an individual or organizational sponsor, or in a 
     supervised group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(c)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--In developing the secure 
     alternatives program, the Secretary shall take into account 
     the extent to which the program includes only those 
     alternatives to detention that reasonably and reliably 
     ensure--

[[Page S9948]]

       (i) the alien's continued presence at all future 
     immigration proceedings;
       (ii) the alien's compliance with any future order or 
     removal; and
       (iii) the public safety or national security.
       (C) Continued evaluation.--The Secretary shall evaluate 
     regularly the effectiveness of the program, including the 
     effectiveness of the particular alternatives to detention 
     used under the program, and make such modifications as the 
     Secretary deems necessary to improve the program's 
     effectiveness or to deter abuse.
       (4) Contracts and other considerations.--The Secretary may 
     enter into contracts with qualified nongovernmental entities 
     to implement the secure alternatives program and, in 
     designing such program, shall consult with relevant experts 
     and consider programs that have proven successful in the 
     past.

     SEC. __10. LESS RESTRICTIVE DETENTION FACILITIES.

       (a) Construction.--To the extent practicable, the Secretary 
     shall facilitate the construction or use of secure but less 
     restrictive detention facilities for the purpose of long-term 
     detention where detainees are held longer than 72 hours.
       (b) Criteria.--In pursuing the development of detention 
     facilities pursuant to this section, the Secretary shall--
       (1) consider the design, operation, and conditions of 
     existing secure but less restrictive detention facilities; 
     and
       (2) to the extent practicable, construct or use detention 
     facilities where--
       (A) movement within and between indoor and outdoor areas of 
     the facility is subject to minimal restrictions;
       (B) detainees have ready access to social, psychological, 
     and medical services;
       (C) detainees with special needs, including those who have 
     experienced trauma or torture, have ready access to services 
     and treatment addressing their needs;
       (D) detainees have frequent access to programs and 
     recreation;
       (E) detainees are permitted contact visits with legal 
     representatives and family members; and
       (F) special facilities are provided to families with 
     children.
       (c) Facilities for Families With Children.--In any case in 
     which release or secure alternatives programs are not a 
     practicable option, the Secretary shall, to the extent 
     practicable, ensure that special detention facilities for the 
     purposes of long-term detention where detainees are held 
     longer than 72 hours are specifically designed to house 
     parents with their minor children, including ensuring that--
       (1) procedures and conditions of detention are appropriate 
     for families with minor children; and
       (2) living and sleeping quarters for children under 14 
     years of age are not physically separated from at least 1 of 
     the child's parents.
       (d) Placement in Nonpunitive Facilities.--Among the factors 
     to be considered with respect to placing a detainee in a less 
     restrictive facility is whether the detainee is--
       (1) part of a family with minor children;
       (2) a victim of persecution, torture, trafficking, or 
     domestic violence; or
       (3) a nonviolent, noncriminal detainee.
       (e) Procedures and Standards.--Where necessary, the 
     Secretary shall promulgate new standards, or modify existing 
     detention standards, to promote the development of less 
     restrictive detention facilities.
       (f) No Private Right of Action.--Nothing in this section 
     shall be construed to create any right, benefit, trust, or 
     responsibility, whether substantive or procedural, 
     enforceable in law or equity by a party against the United 
     States, its departments, agencies, instrumentalities, 
     entities, officers, employees, or agents, or any person, nor 
     does this section create any right of review in any 
     administrative, judicial, or other proceeding.

     SEC. __11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
       (b) Effective Date.--This title and the amendments made by 
     this title shall take effect on the date that is 180 days 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2410. Mr. KERRY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IG REPORT ON RISK-BASED GRANT PROGRAM.

       Not later than 180 days after the date of enactment, of 
     this Act, the Inspector General of the Department of Homeland 
     Security shall submit a report to the appropriate 
     congressional committees (as defined in section 2(2) of the 
     Homeland Security Act of 2002 (6 U.S.C. 101(2))) which 
     assesses the criteria the Department uses in its grant 
     programs to determine the risk of an applicant to a terrorist 
     attack and whether it is following Congressional directive 
     related to the distribution of funds based on risk. The 
     report shall include--
       (1) an analysis of the Department's policy of ranking 
     states, cities, and other grantees by tiered groups;
       (2) an analysis of whether the grantees within those tiers 
     are at a similar level of risk;
       (3) examples of how the Department applied its risk 
     methodologies to individual locations;
       (4) recommendations to improve the Department's grant 
     programs; and
       (5) any other information the Inspector General finds 
     relevant.
                                 ______
                                 
  SA 2411. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 37, line 7, insert ``, whether or not located in 
     high-threat, high-density urban areas,'' after ``code)''.
                                 ______
                                 
  SA 2412. Mr. GRAHAM (for himself, Mr. Gregg, Mr. Sessions, Mr. Kyl, 
Mr. Cornyn, Mr. McConnell, Mr. Domenici, Mr. McCain, Mr. Sununu, Mr. 
Martinez, Mr. Coleman, and Mr. Specter) proposed an amendment to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the end, add the following:

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Border Security First 
     Act of 2007''.

     SEC. 1002. BORDER SECURITY REQUIREMENTS.

       (a) Requirements.--Not later than 2 years after the date of 
     the enactment of this Act, the President shall ensure that 
     the following are carried out:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security shall establish 
     and demonstrate operational control of 100 percent of the 
     international land border between the United States and 
     Mexico, including the ability to monitor such border through 
     available methods and technology.
       (2) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol shall 
     hire, train, and report for duty 23,000 full-time agents.
       (3) Strong border barriers.--The United States Customs and 
     Border Protection Border Patrol shall--
       (A) install along the international land border between the 
     United States and Mexico at least--
       (i) 300 miles of vehicle barriers;
       (ii) 700 linear miles of fencing as required by the Secure 
     Fence Act of 2006 (Public Law 109-367), as amended by this 
     Act; and
       (iii) 105 ground-based radar and camera towers; and
       (B) deploy for use along the international land border 
     between the United States and Mexico 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     shall detain all removable aliens apprehended crossing the 
     international land border between the United States and 
     Mexico in violation of Federal or State law, except as 
     specifically mandated by Federal or State law or humanitarian 
     circumstances, and United States Immigration and Customs 
     Enforcement shall have the resources to maintain this 
     practice, including the resources necessary to detain up to 
     45,000 aliens per day on an annual basis.
       (b) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until the 
     requirements under subsection (a) are met, the President 
     shall submit a report to Congress detailing the progress made 
     in funding, meeting, or otherwise satisfying each of the 
     requirements described under paragraphs (1) through (4) of 
     subsection (a), including detailing any contractual 
     agreements reached to carry out such measures.
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.

     SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

       There is hereby appropriated $3,000,000,000 to satisfy the 
     requirements set out in section 1002(a) and, if any amount 
     remains after satisfying such requirements, to achieve and 
     maintain operational control over the international land and 
     maritime borders of the United States and for employment 
     eligibility verification improvements. These amounts are 
     designated as an emergency requirement pursuant to section 
     204 of S. Con. Res. 21 (110th Congress).

[[Page S9949]]

                 TITLE XI--BORDER CONTROL ENHANCEMENTS

        Subtitle A--Assets for Controlling United States Borders

     SEC. 1101. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) U.S. customs and border protection officers.--In each 
     of the fiscal years 2008 through 2012, the Secretary shall, 
     subject to the availability of appropriations, increase by 
     not less than 500 the number of positions for full-time 
     active duty CBP officers and provide appropriate training, 
     equipment, and support to such additional CBP officers.
       (2) Investigative personnel.--
       (A) Immigration and customs enforcement investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 2008 through 2012, the 
     Secretary shall, subject to the availability of 
     appropriations, increase by not less than 200 the number of 
     positions for personnel within the Department assigned to 
     investigate alien smuggling.
       (3) Deputy united states marshals.--In each of the fiscal 
     years 2008 through 2012, the Attorney General shall, subject 
     to the availability of appropriations, increase by not less 
     than 50 the number of positions for full-time active duty 
     Deputy United States Marshals that assist in matters related 
     to immigration.
       (4) Recruitment of former military personnel.--
       (A) In general.--The Commissioner of United States Customs 
     and Border Protection, in conjunction with the Secretary of 
     Defense or a designee of the Secretary of Defense, shall 
     establish a program to actively recruit members of the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard who have 
     elected to separate from active duty.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     on the implementation of the recruitment program established 
     pursuant to subparagraph (A) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.
       (b) Authorization of Appropriations.--
       (1) U.S. customs and border protection officers.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary for each of the fiscal years 2008 through 
     2012 to carry out paragraph (1) of subsection (a).
       (2) Deputy united states marshals.--There are authorized to 
     be appropriated to the Attorney General such sums as may be 
     necessary for each of the fiscal years 2008 through 2012 to 
     carry out subsection (a)(3).
       (3) Border patrol agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) 
     is amended to read as follows:

     ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall increase the number of positions for full-time active 
     duty border patrol agents within the Department of Homeland 
     Security (above the number of such positions for which funds 
     were appropriated for the preceding fiscal year), by not less 
     than--
       ``(1) 2,000 in fiscal year 2007;
       ``(2) 2,400 in fiscal year 2008;
       ``(3) 2,400 in fiscal year 2009;
       ``(4) 2,400 in fiscal year 2010;
       ``(5) 2,400 in fiscal year 2011; and
       ``(6) 2,400 in fiscal year 2012.
       ``(b) Northern Border.--In each of the fiscal years 2008 
     through 2012, in addition to the border patrol agents 
     assigned along the northern border of the United States 
     during the previous fiscal year, the Secretary shall assign a 
     number of border patrol agents equal to not less than 20 
     percent of the net increase in border patrol agents during 
     each such fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2008 through 2012 to carry out this 
     section.''.
       (c) Shadow Wolves Apprehension and Tracking.--
       (1) Purpose.--The purpose of this subsection is to 
     authorize the Secretary, acting through the Assistant 
     Secretary of Immigration and Customs Enforcement (referred to 
     in this subsection as the ``Secretary''), to establish new 
     units of Customs Patrol Officers (commonly known as ``Shadow 
     Wolves'') during the 5-year period beginning on the date of 
     enactment of this Act.
       (2) Establishment of new units.--
       (A) In general.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary is authorized to 
     establish within United States Immigration and Customs 
     Enforcement up to 5 additional units of Customs Patrol 
     Officers in accordance with this subsection, as appropriate.
       (B) Membership.--Each new unit established pursuant to 
     subparagraph (A) shall consist of up to 15 Customs Patrol 
     Officers.
       (3) Duties.--The additional Immigration and Customs 
     Enforcement units established pursuant to paragraph (2)(A) 
     shall operate on Indian reservations (as defined in section 3 
     of the Indian Financing Act of 1974 (25 U.S.C. 1452)) located 
     on or near (as determined by the Secretary) an international 
     border with Canada or Mexico, and such other Federal land as 
     the Secretary determines to be appropriate, by--
       (A) investigating and preventing the entry of terrorists, 
     other unlawful aliens, instruments of terrorism, narcotics, 
     and other contraband into the United States; and
       (B) carrying out such other duties as the Secretary 
     determines to be necessary.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2008 through 2013.

     SEC. 1102. TECHNOLOGICAL ASSETS.

       (a) Acquisition.--Subject to the availability of 
     appropriations for such purpose, the Secretary shall procure 
     additional unmanned aerial vehicles, cameras, poles, sensors, 
     and other technologies necessary to achieve operational 
     control of the borders of the United States.
       (b) Increased Availability of Equipment.--The Secretary and 
     the Secretary of Defense shall develop and implement a plan 
     to use authorities provided to the Secretary of Defense under 
     chapter 18 of title 10, United States Code, to increase the 
     availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, tethered aerostat radars, 
     and other surveillance equipment, to assist the Secretary in 
     carrying out surveillance activities conducted at or near the 
     international land borders of the United States to prevent 
     illegal immigration.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of the fiscal years 2008 through 2012 to 
     carry out subsection (a).

     SEC. 1103. INFRASTRUCTURE.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (B) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Fencing near san diego, california.--In carrying out 
     subsection (a), the Secretary shall provide for the 
     construction along the 14 miles of the international land 
     border of the United States, starting at the Pacific Ocean 
     and extending eastward, of second and third fences, in 
     addition to the existing reinforced fence, and for roads 
     between the fences.''.
       (C) in paragraph (2), as redesignated--
       (i) in the header, by striking ``Security features'' and 
     inserting ``Additional fencing along southwest border''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of the Interior, the Secretary of Agriculture, 
     States, local governments, Indian tribes, and property owners 
     in the United States to minimize the impact on the 
     environment, culture, commerce, and quality of life for the 
     communities and residents located near the sites at which 
     such fencing is to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

       ``(I) create any right of action for a State, local 
     government, or other person or entity affected by this 
     subsection; or
       ``(II) affect the eminent domain laws of the United States 
     or of any State.

       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary of Homeland Security to install fencing, physical 
     barriers, roads, lighting, cameras, and sensors in a 
     particular location along an international border of the 
     United States, if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain operational control over the 
     international border at such location.''; and
       (D) in paragraph (5), as redesignated, by striking ``to 
     carry out this subsection not to exceed $12,000,000'' and 
     inserting ``such sums as may be necessary to carry out this 
     subsection''.

[[Page S9950]]

     SEC. 1104. PORTS OF ENTRY.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, Division C of Public Law 104-208, 
     is amended by the addition, at the end of that section, of 
     the following new subsection:
       ``(e) Construction and Improvements.--The Secretary is 
     authorized to--
       ``(1) construct additional ports of entry along the 
     international land borders of the United States, at locations 
     to be determined by the Secretary; and
       ``(2) make necessary improvements to the ports of entry.''.

     SEC. 1105. INCREASED BORDER PATROL TRAINING CAPACITY.

       (a) In General.--If the Secretary of Homeland Security, in 
     his discretion, determines that existing capacity is 
     insufficient to meet Border Patrol training needs, Secretary 
     of Homeland Security shall acquire sufficient training staff 
     and training facilities to increase the capacity of the 
     Department of Homeland Security to train 2,400 new, full-
     time, active duty Border Patrol agents per year for fiscal 
     years 2008 through 2012.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such amounts as may be necessary for each 
     of the fiscal years 2008 through 2012 to carry out this 
     section.

     SEC. 1106. INCREASED IMMIGRATION AND CUSTOMS ENFORCEMENT 
                   PERSONNEL.

       (a) Removal Personnel.--During each of the fiscal years 
     2008 through 2012, the Secretary of Homeland Security shall 
     increase by not less than 1,000 each year the number of 
     positions for full-time active duty forensic auditors, 
     intelligence officers, and investigators in United States 
     Immigration and Customs Enforcement to carry out the removal 
     of aliens who are not admissible to or are subject to removal 
     from the United States, or have overstayed their nonimmigrant 
     visas.
       (b) Investigation Personnel.--During each of the fiscal 
     years 2008 through 2012, the Secretary of Homeland Security 
     shall increase by not less than 1,000 each year the number of 
     positions for full-time investigators in United States 
     Immigration and Customs Enforcement to investigate 
     immigration fraud and enforce workplace violations.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such amounts as may be necessary for each 
     of the fiscal years 2008 through 2012 to carry out this 
     section.

             Subtitle B--Other Border Security Initiatives

     SEC. 1107. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Entering and 
     Departing the United States.--Section 215 (8 U.S.C. 1185) is 
     amended--
       (1) by redesignating subsection (c) as subsection (g);
       (2) by moving subsection (g), as redesignated by paragraph 
     (1), to the end; and
       (3) by inserting after subsection (b) the following:
       ``(c) The Secretary is authorized to require aliens 
     entering and departing the United States to provide biometric 
     data and other information relating to their immigration 
     status.''.
       (b) Inspection of Applicants for Admission.--Section 235(d) 
     (8 U.S.C. 1225 (d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsections (a) and (b), immigration 
     officers are authorized to collect biometric data from--
       ``(A) any applicant for admission or any alien who is 
     paroled under section 212(d)(5), seeking to or permitted to 
     land temporarily as an alien crewman, or seeking to or 
     permitted transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282) is amended by adding at the end 
     the following:
       ``(d) An immigration officer is authorized to collect 
     biometric data from an alien crewman seeking permission to 
     land temporarily in the United States.''.
       (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182) is amended--
       (1) in subsection (a)(7), by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who fails 
     or has failed to comply with a lawful request for biometric 
     data under section 215(c), 235(d), or 252(d) is 
     inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:
       ``(2) The Secretary may waive the application of subsection 
     (a)(7)(C) for an individual alien or class of aliens.''.
       (e) Implementation.--Section 7208 of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Implementation.--In fully implementing the automated 
     biometric entry and exit data system under this section, the 
     Secretary is not required to comply with the requirements of 
     chapter 5 of title 5, United States Code (commonly referred 
     to as the Administrative Procedure Act) or any other law 
     relating to rulemaking, information collection, or 
     publication in the Federal Register.''; and
       (2) in subsection (l)--
       (A) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (B) by adding at the end the following:
       ``(2) Implementation at all land border ports of entry.--
     There are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2008 and 2009 to implement 
     the automated biometric entry and exit data system at all 
     land border ports of entry.''.

     SEC. 1108. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS 
                   CONTROLS.

       Section 758 of title 18, United States Code, is amended to 
     read as follows:

     ``SEC. 758. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS 
                   CONTROLS.

       ``(a) Evading a Checkpoint.--Any person who, while 
     operating a motor vehicle or vessel, knowingly flees or 
     evades a checkpoint operated by the Department of Homeland 
     Security or any other Federal law enforcement agency, and 
     then knowingly or recklessly disregards or disobeys the 
     lawful command of any law enforcement agent, shall be fined 
     under this title, imprisoned not more than 5 years, or both.
       ``(b) Failure to Stop.--Any person who, while operating a 
     motor vehicle, aircraft, or vessel, knowingly, or recklessly 
     disregards or disobeys the lawful command of an officer of 
     the Department of Homeland Security engaged in the 
     enforcement of the immigration, customs, or maritime laws, or 
     the lawful command of any law enforcement agent assisting 
     such officer, shall be fined under this title, imprisoned not 
     more than 2 years, or both.
       ``(c) Alternative Penalties.--Notwithstanding the penalties 
     provided in subsection (a) or (b), any person who violates 
     such subsection shall--
       ``(1) be fined under this title, imprisoned not more than 
     10 years, or both, if the violation involved the operation of 
     a motor vehicle, aircraft, or vessel--
       ``(A) in excess of the applicable or posted speed limit;
       ``(B) in excess of the rated capacity of the motor vehicle, 
     aircraft, or vessel; or
       ``(C) in an otherwise dangerous or reckless manner;
       ``(2) be fined under this title, imprisoned not more than 
     20 years, or both, if the violation created a substantial and 
     foreseeable risk of serious bodily injury or death to any 
     person;
       ``(3) be fined under this title, imprisoned not more than 
     30 years, or both, if the violation caused serious bodily 
     injury to any person; or
       ``(4) be fined under this title, imprisoned for any term of 
     years or life, or both, if the violation resulted in the 
     death of any person.
       ``(d) Attempt and Conspiracy.--Any person who attempts or 
     conspires to commit any offense under this section shall be 
     punished in the same manner as a person who completes the 
     offense.
       ``(e) Forfeiture.--Any property, real or personal, 
     constituting or traceable to the gross proceeds of the 
     offense and any property, real or personal, used or intended 
     to be used to commit or facilitate the commission of the 
     offense shall be subject to forfeiture.
       ``(f) Forfeiture Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 of this title, relating to civil forfeitures, 
     including section 981(d) of such title, except that such 
     duties as are imposed upon the Secretary of the Treasury 
     under the customs laws described in that section shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security or the Attorney General. Nothing in this section 
     shall limit the authority of the Secretary to seize and 
     forfeit motor vehicles, aircraft, or vessels under the 
     Customs laws or any other laws of the United States.
       ``(g) Definitions.--For purposes of this section--
       ``(1) The term `checkpoint' includes, but is not limited 
     to, any customs or immigration inspection at a port of entry.
       ``(2) The term `lawful command' includes, but is not 
     limited to, a command to stop, decrease speed, alter course, 
     or land, whether communicated orally, visually, by means of 
     lights or sirens, or by radio, telephone, or other wire 
     communication.
       ``(3) The term `law enforcement agent' means any Federal, 
     State, local or tribal official authorized to enforce 
     criminal law, and, when conveying a command covered under 
     subsection (b) of this section, an air traffic controller.
       ``(4) The term `motor vehicle' means any motorized or self-
     propelled means of terrestrial transportation.
       ``(5) The term `serious bodily injury' has the meaning 
     given in section 2119(2) of this title.''.

     SEC. 1109. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT: 
                   EXPANDING THE DEFINITION OF CONVEYANCES WITH 
                   HIDDEN COMPARTMENTS SUBJECT TO FORFEITURE.

       (a) In General.--Section 1703 of title 19, United States 
     Code is amended:
       (1) by amending the title of such section to read as 
     follows:

     ``SEC. 1703. SEIZURE AND FORFEITURE OF VESSELS, VEHICLES, 
                   OTHER CONVEYANCES, AND INSTRUMENTS OF 
                   INTERNATIONAL TRAFFIC.'';

       (2) by amending the title of subsection (a) to read as 
     follows:
       ``(a) Vessels, Vehicles, Other Conveyances, and Instruments 
     of International Traffic Subject to Seizure and Forfeiture.--
     '';

[[Page S9951]]

       (3) by amending the title of subsection (b) to read as 
     follows:
       ``(b) Vessels, Vehicles, Other Conveyances, and Instruments 
     of International Traffic Defined.--'';
       (4) by inserting ``, vehicle, other conveyance, or 
     instrument of international traffic'' after the word 
     ``vessel'' everywhere it appears in the text of subsections 
     (a) and (b); and
       (5) by amending subsection (c) to read as follows:
       ``(c) Acts Constituting Prima Facie Evidence of Vessel, 
     Vehicle, or Other Conveyance or Instrument of International 
     Traffic Engaged in Smuggling.--For the purposes of this 
     section, prima facie evidence that a conveyance is being, or 
     has been, or is attempted to be employed in smuggling or to 
     defraud the revenue of the United States shall be--
       ``(1) in the case of a vessel, the fact that a vessel has 
     become subject to pursuit as provided in section 1581 of this 
     title, or is a hovering vessel, or that a vessel fails, at 
     any place within the customs waters of the United States or 
     within a customs-enforcement area, to display light as 
     required by law; and
       ``(2) in the case of a vehicle, other conveyance, or 
     instrument of international traffic, the fact that a vehicle, 
     other conveyance, or instrument of international traffic has 
     any compartment or equipment that is built or fitted out for 
     smuggling.''.
       (b) Clerical Amendment.--The table of sections for Chapter 
     5 in title 19, United States Code, is amended by striking the 
     items relating to section 1703 and inserting in lieu thereof 
     the following:

``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other 
              conveyances and instruments of international traffic.''.

                       Subtitle C--Other Measures

     SEC. 1110. DEATHS AT UNITED STATES-MEXICO BORDER.

       (a) Collection of Statistics.--The Commissioner of the 
     Bureau of Customs and Border Protection shall collect 
     statistics relating to deaths occurring at the border between 
     the United States and Mexico, including--
       (1) the causes of the deaths; and
       (2) the total number of deaths.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Commissioner of the Bureau of Customs and Border Protection 
     shall submit to the Secretary a report that--
       (1) analyzes trends with respect to the statistics 
     collected under subsection (a) during the preceding year; and
       (2) recommends actions to reduce the deaths described in 
     subsection (a).

     SEC. 1111. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased United States Customs and Border Protection 
     personnel to secure protected land along the international 
     land borders of the United States;
       (B) Federal land resource training for United States 
     Customs and Border Protection agents dedicated to protected 
     land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States.
       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the United States Fish and Wildlife 
     Service, the Forest Service, or the relevant agency of the 
     Department of the Interior or the Department of Agriculture 
     to minimize the adverse impact on natural and cultural 
     resources from border protection activities.
       (c) Analysis of Damage to Protected Lands.--The Secretary 
     and Secretaries concerned shall develop an analysis of damage 
     to protected lands relating to illegal border activity, 
     including the cost of equipment, training, recurring 
     maintenance, construction of facilities, restoration of 
     natural and cultural resources, recapitalization of 
     facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service for an appropriate cost recovery mechanism 
     relating to items identified in subsection (c); and
       (2) not later than 1 year from the date of enactment, 
     submit to the appropriate congressional committees (as 
     defined in section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101)), including the Subcommittee on National Parks of 
     the Senate and the Subcommittee on National Parks, 
     Recreation, and Public Lands of the House of Representatives, 
     the recommendations developed under paragraph (1).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects the homeland, including--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (4) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.

     SEC. 1112. SECURE COMMUNICATION.

       The Secretary shall, as expeditiously as practicable, 
     develop and implement a plan to improve the use of satellite 
     communications and other technologies to ensure clear and 
     secure 2-way communication capabilities--
       (1) among all Border Patrol agents conducting operations 
     between ports of entry;
       (2) between Border Patrol agents and their respective 
     Border Patrol stations; and
       (3) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.

     SEC. 1113. UNMANNED AIRCRAFT SYSTEMS.

       (a) Unmanned Aircraft and Associated Infrastructure.--The 
     Secretary shall acquire and maintain unmanned aircraft 
     systems for use on the border, including related equipment 
     such as--
       (1) additional sensors;
       (2) critical spares;
       (3) satellite command and control; and
       (4) other necessary equipment for operational support.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out subsection (a)--
       (A) $178,400,000 for fiscal year 2008; and
       (B) $276,000,000 for fiscal year 2009.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) shall remain available until expended.

     SEC. 1114. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--The program developed under 
     this subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (A) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (B) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (C) liability, safety, and privacy concerns relating to the 
     utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--

[[Page S9952]]

       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives, a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 1115. SURVEILLANCE PLAN.

       (a) Requirement for Plan.--The Secretary shall develop a 
     comprehensive plan for the systematic surveillance of the 
     international land and maritime borders of the United States.
       (b) Content.--The plan required by subsection (a) shall 
     include the following:
       (1) An assessment of existing technologies employed on the 
     international land and maritime borders of the United States.
       (2) A description of the compatibility of new surveillance 
     technologies with surveillance technologies in use by the 
     Secretary on the date of the enactment of this Act.
       (3) A description of how the Commissioner of the United 
     States Customs and Border Protection of the Department is 
     working, or is expected to work, with the Under Secretary for 
     Science and Technology of the Department to identify and test 
     surveillance technology.
       (4) A description of the specific surveillance technology 
     to be deployed.
       (5) Identification of any obstacles that may impede such 
     deployment.
       (6) A detailed estimate of all costs associated with such 
     deployment and with continued maintenance of such 
     technologies.
       (7) A description of how the Secretary is working with the 
     Administrator of the Federal Aviation Administration on 
     safety and airspace control issues associated with the use of 
     unmanned aerial vehicles.
       (c) Submission to Congress.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress the plan required by this section.

     SEC. 1116. NATIONAL STRATEGY FOR BORDER SECURITY.

       (a) Requirement for Strategy.--The Secretary, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall develop a National Strategy for Border 
     Security that describes actions to be carried out to achieve 
     operational control over all ports of entry into the United 
     States and the international land and maritime borders of the 
     United States.
       (b) Content.--The National Strategy for Border Security 
     shall include the following:
       (1) The implementation schedule for the comprehensive plan 
     for systematic surveillance described in section 1115.
       (2) An assessment of the threat posed by terrorists and 
     terrorist groups that may try to infiltrate the United States 
     at locations along the international land and maritime 
     borders of the United States.
       (3) A risk assessment for all United States ports of entry 
     and all portions of the international land and maritime 
     borders of the United States that includes a description of 
     activities being undertaken--
       (A) to prevent the entry of terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband into the United States; and
       (B) to protect critical infrastructure at or near such 
     ports of entry or borders.
       (4) An assessment of the legal requirements that prevent 
     achieving and maintaining operational control over the entire 
     international land and maritime borders of the United States.
       (5) An assessment of the most appropriate, practical, and 
     cost-effective means of defending the international land and 
     maritime borders of the United States against threats to 
     security and illegal transit, including intelligence 
     capacities, technology, equipment, personnel, and training 
     needed to address security vulnerabilities.
       (6) An assessment of staffing needs for all border security 
     functions, taking into account threat and vulnerability 
     information pertaining to the borders and the impact of new 
     security programs, policies, and technologies.
       (7) A description of the border security roles and missions 
     of Federal, State, regional, local, and tribal authorities, 
     and recommendations regarding actions the Secretary can carry 
     out to improve coordination with such authorities to enable 
     border security and enforcement activities to be carried out 
     in a more efficient and effective manner.
       (8) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, personal property rights, 
     privacy rights, and civil liberties, including an assessment 
     of efforts to take into account asylum seekers, trafficking 
     victims, unaccompanied minor aliens, and other vulnerable 
     populations.
       (9) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (10) A description of ways to ensure that the free flow of 
     travel and commerce is not diminished by efforts, activities, 
     and programs aimed at securing the international land and 
     maritime borders of the United States.
       (11) An assessment of additional detention facilities and 
     beds that are needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (12) A description of the performance metrics to be used to 
     ensure accountability by the bureaus of the Department in 
     implementing such Strategy.
       (13) A schedule for the implementation of the security 
     measures described in such Strategy, including a 
     prioritization of security measures, realistic deadlines for 
     addressing the security and enforcement needs, an estimate of 
     the resources needed to carry out such measures, and a 
     description of how such resources should be allocated.
       (c) Consultation.--In developing the National Strategy for 
     Border Security, the Secretary shall consult with 
     representatives of--
       (1) State, local, and tribal authorities with 
     responsibility for locations along the international land and 
     maritime borders of the United States; and
       (2) appropriate private sector entities, nongovernmental 
     organizations, and affected communities that have expertise 
     in areas related to border security.
       (d) Coordination.--The National Strategy for Border 
     Security shall be consistent with the National Strategy for 
     Maritime Security developed pursuant to Homeland Security 
     Presidential Directive 13, dated December 21, 2004.
       (e) Submission to Congress.--
       (1) Strategy.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     the National Strategy for Border Security.
       (2) Updates.--The Secretary shall submit to Congress any 
     update of such Strategy that the Secretary determines is 
     necessary, not

[[Page S9953]]

     later than 30 days after such update is developed.
       (f) Immediate Action.--Nothing in this section or section 
     1107 may be construed to relieve the Secretary of the 
     responsibility to take all actions necessary and appropriate 
     to achieve and maintain operational control over the entire 
     international land and maritime borders of the United States.

     SEC. 1117. BORDER PATROL TRAINING CAPACITY REVIEW.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a review of the basic training provided 
     to Border Patrol agents by the Secretary to ensure that such 
     training is provided as efficiently and cost-effectively as 
     possible.
       (b) Components of Review.--The review under subsection (a) 
     shall include the following components:
       (1) An evaluation of the length and content of the basic 
     training curriculum provided to new Border Patrol agents by 
     the Federal Law Enforcement Training Center, including a 
     description of how such curriculum has changed since 
     September 11, 2001, and an evaluation of language and 
     cultural diversity training programs provided within such 
     curriculum.
       (2) A review and a detailed breakdown of the costs incurred 
     by the Bureau of Customs and Border Protection and the 
     Federal Law Enforcement Training Center to train 1 new Border 
     Patrol agent.
       (3) A comparison, based on the review and breakdown under 
     paragraph (2), of the costs, effectiveness, scope, and 
     quality, including geographic characteristics, with other 
     similar training programs provided by State and local 
     agencies, nonprofit organizations, universities, and the 
     private sector.
       (4) An evaluation of whether utilizing comparable non-
     Federal training programs, proficiency testing, and long-
     distance learning programs may affect--
       (A) the cost-effectiveness of increasing the number of 
     Border Patrol agents trained per year;
       (B) the per agent costs of basic training; and
       (C) the scope and quality of basic training needed to 
     fulfill the mission and duties of a Border Patrol agent.

     SEC. 1118. BIOMETRIC DATA ENHANCEMENTS.

       Not later than October 1, 2008, the Secretary shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the Automated Biometric Fingerprint 
     Identification System (IDENT) of the Department and the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) of the Federal Bureau of Investigation to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all fingerprints from each alien required to provide 
     fingerprints during the alien's initial enrollment in the 
     integrated entry and exit data system described in section 
     110 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a).

     SEC. 1119. US-VISIT SYSTEM.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary, in consultation with the heads of 
     other appropriate Federal agencies, shall submit to Congress 
     a schedule for--
       (1) equipping all land border ports of entry of the United 
     States with the U.S.-Visitor and Immigrant Status Indicator 
     Technology (US-VISIT) system implemented under section 110 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1365a);
       (2) developing and deploying at such ports of entry the 
     exit component of the US-VISIT system; and
       (3) making interoperable all immigration screening systems 
     operated by the Secretary.

     SEC. 1120. DOCUMENT FRAUD DETECTION.

       (a) Training.--Subject to the availability of 
     appropriations, the Secretary shall provide all United States 
     Customs and Border Protection officers with training in 
     identifying and detecting fraudulent travel documents. Such 
     training shall be developed in consultation with the head of 
     the Forensic Document Laboratory of the United States 
     Immigration and Customs Enforcement.
       (b) Forensic Document Laboratory.--The Secretary shall 
     provide all United States Customs and Border Protection 
     officers with access to the Forensic Document Laboratory.
       (c) Assessment.--
       (1) Requirement for assessment.--The Inspector General of 
     the Department shall conduct an independent assessment of the 
     accuracy and reliability of the Forensic Document Laboratory.
       (2) Report to congress.--Not later than 6 months after the 
     date of the enactment of this Act, the Inspector General 
     shall submit to Congress the findings of the assessment 
     required by paragraph (1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of fiscal years 2008 through 2012 to carry 
     out this section.

     SEC. 1121. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2008 through 2012.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $100,000,000 for each of fiscal years 2008 through 2012 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.

     SEC. 1122. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Administrator of General Services, in 
     consultation with United States Customs and Border 
     Protection, shall update the Port of Entry Infrastructure 
     Assessment Study prepared by United States Customs and Border 
     Protection in accordance with the matter relating to the 
     ports of entry infrastructure assessment that is set out in 
     the joint explanatory statement in the conference report 
     accompanying H.R. 2490 of the 106th Congress, 1st session 
     (House of Representatives Rep. No. 106-319, on page 67) and 
     submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 3422; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--

[[Page S9954]]

       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 1123. NATIONAL LAND BORDER SECURITY PLAN.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary, after consultation with representatives of 
     Federal, State, and local law enforcement agencies and 
     private entities that are involved in international trade 
     across the northern border or the southern border, shall 
     submit a National Land Border Security Plan to Congress.
       (b) Vulnerability Assessment.--
       (1) In general.--The plan required in subsection (a) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (2) Port security coordinators.--The Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required in subsection (a).

     SEC. 1124. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary shall carry out a 
     technology demonstration program to--
       (1) test and evaluate new port of entry technologies;
       (2) refine port of entry technologies and operational 
     concepts; and
       (3) train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology testing.--Under the technology demonstration 
     program, the Secretary shall test technologies that enhance 
     port of entry operations, including operations related to--
       (A) inspections;
       (B) communications;
       (C) port tracking;
       (D) identification of persons and cargo;
       (E) sensory devices;
       (F) personal detection;
       (G) decision support; and
       (H) the detection and identification of weapons of mass 
     destruction.
       (2) Development of facilities.--At a demonstration site 
     selected pursuant to subsection (c)(2), the Secretary shall 
     develop facilities to provide appropriate training to law 
     enforcement personnel who have responsibility for border 
     security, including--
       (A) cross-training among agencies;
       (B) advanced law enforcement training; and
       (C) equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion to not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 1-year period ending on the 
     date of the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize a demonstration site described in subsection (c) 
     to test technologies that enhance port of entry operations, 
     including technologies described in subparagraphs (A) through 
     (H) of subsection (b)(1).
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report submitted under paragraph (1) 
     shall include an assessment by the Secretary of the 
     feasibility of incorporating any demonstrated technology for 
     use throughout the United States Customs and Border 
     Protection.

     SEC. 1125. COMBATING HUMAN SMUGGLING.

       (a) Requirement for Plan.--The Secretary shall develop and 
     implement a plan to improve coordination between the United 
     States Immigration and Customs Enforcement and the United 
     States Customs and Border Protection of the Department and 
     any other Federal, State, local, or tribal authorities, as 
     determined appropriate by the Secretary, to improve 
     coordination efforts to combat human smuggling.
       (b) Content.--In developing the plan required by subsection 
     (a), the Secretary shall consider--
       (1) the interoperability of databases utilized to prevent 
     human smuggling;
       (2) adequate and effective personnel training;
       (3) methods and programs to effectively target networks 
     that engage in such smuggling;
       (4) effective utilization of--
       (A) visas for victims of trafficking and other crimes; and
       (B) investigatory techniques, equipment, and procedures 
     that prevent, detect, and prosecute international money 
     laundering and other operations that are utilized in 
     smuggling;
       (5) joint measures, with the Secretary of State, to enhance 
     intelligence sharing and cooperation with foreign governments 
     whose citizens are preyed on by human smugglers; and
       (6) other measures that the Secretary considers appropriate 
     to combating human smuggling.
       (c) Report.--Not later than 1 year after implementing the 
     plan described in subsection (a), the Secretary shall submit 
     to Congress a report on such plan, including any 
     recommendations for legislative action to improve efforts to 
     combating human smuggling.
       (d) Savings Provision.--Nothing in this section may be 
     construed to provide additional authority to any State or 
     local entity to enforce Federal immigration laws.

     SEC. 1126. INCREASE OF FEDERAL DETENTION SPACE AND THE 
                   UTILIZATION OF FACILITIES IDENTIFIED FOR 
                   CLOSURES AS A RESULT OF THE DEFENSE BASE 
                   CLOSURE REALIGNMENT ACT OF 1990.

       (a) Construction or Acquisition of Detention Facilities.--
     The Secretary shall construct or acquire, in addition to 
     existing facilities for the detention of aliens, at least 20 
     detention facilities in the United States that have the 
     capacity to detain a combined total of not less than 20,000 
     individuals at any time for aliens detained pending removal 
     or a decision on removal of such aliens from the United 
     States subject to available appropriations.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(a) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a), subject 
     to available appropriations.
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
       (d) Technical and Conforming Amendment.--Section 241(g)(1) 
     (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' 
     and inserting ``shall expend''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 1127. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW 
                   COMMISSION.

       (a) Establishment of Commission.--
       (1) In general.--There is established an independent 
     commission to be known as the United States-Mexico Border 
     Enforcement Review Commission (referred to in this section as 
     the ``Commission'').
       (2) Purposes.--The purposes of the Commission are--

[[Page S9955]]

       (A) to study the overall enforcement strategies, programs, 
     and policies of Federal agencies along the United States-
     Mexico border; and
       (B) to make recommendations to the President and Congress 
     with respect to such strategies, programs, and policies.
       (3) Membership.--The Commission shall be composed of 17 
     voting members, who shall be appointed as follows:
       (A) The Governors of the States of California, New Mexico, 
     Arizona, and Texas shall each appoint 4 voting members of 
     whom--
       (i) 1 shall be a local elected official from the State's 
     border region;
       (ii) 1 shall be a local law enforcement official from the 
     State's border region; and
       (iii) 2 shall be from the State's communities of academia, 
     religious leaders, civic leaders, or community leaders.
       (B) 2 nonvoting members, of whom--
       (i) 1 shall be appointed by the Secretary;
       (ii) 1 shall be appointed by the Attorney General; and
       (iii) 1 shall be appointed by the Secretary of State.
       (4) Qualifications.--
       (A) In general.--Members of the Commission shall be--
       (i) individuals with expertise in migration, border 
     enforcement and protection, civil and human rights, community 
     relations, cross-border trade, and commerce or other 
     pertinent qualifications or experience; and
       (ii) representative of a broad cross section of 
     perspectives from the region along the international border 
     between the United States and Mexico;
       (B) Political affiliation.--Not more than 2 members of the 
     Commission appointed by each Governor under paragraph (3)(A) 
     may be members of the same political party.
       (C) Nongovernmental appointees.--An individual appointed as 
     a voting member to the Commission may not be an officer or 
     employee of the Federal Government.
       (5) Deadline for appointment.--All members of the 
     Commission shall be appointed not later than 6 months after 
     the enactment of this Act. If any member of the Commission 
     described in paragraph (3)(A) is not appointed by such date, 
     the Commission shall carry out its duties under this section 
     without the participation of such member.
       (6) Term of service.--The term of office for members shall 
     be for life of the Commission.
       (7) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.
       (8) Meetings.--
       (A) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (B) Subsequent meetings.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members.
       (9) Quorum.--Nine members of the Commission shall 
     constitute a quorum.
       (10) Chair and vice chair.--The voting members of the 
     Commission shall elect a Chairman and Vice Chairman from 
     among its members. The term of office shall be for the life 
     of the Commission.
       (b) Duties.--The Commission shall review, examine, and make 
     recommendations regarding border enforcement policies, 
     strategies, and programs, including recommendations 
     regarding--
       (1) the protection of human and civil rights of community 
     residents and migrants along the international border between 
     the United States and Mexico;
       (2) the adequacy and effectiveness of human and civil 
     rights training of enforcement personnel on such border;
       (3) the adequacy of the complaint process within the 
     agencies and programs of the Department that are employed 
     when an individual files a grievance;
       (4) the effect of the operations, technology, and 
     enforcement infrastructure along such border on the--
       (A) environment;
       (B) cross-border traffic and commerce; and
       (C) the quality of life of border communities;
       (5) local law enforcement involvement in the enforcement of 
     Federal immigration law; and
       (6) any other matters regarding border enforcement 
     policies, strategies, and programs the Commission determines 
     appropriate.
       (c) Information and Assistance From Federal Agencies.--
       (1) Information from federal agencies.--The Commission may 
     seek directly from any department or agency of the United 
     States such information, including suggestions, estimates, 
     and statistics, as allowed by law and as the Commission 
     considers necessary to carry out the provisions of this 
     section. Upon request of the Commission, the head of such 
     department or agency shall furnish such information to the 
     Commission.
       (2) Assistance from federal agencies.--The Administrator of 
     General Services shall, on a reimbursable basis, provide the 
     Commission with administrative support and other services for 
     the performance of the Commission's functions. The 
     departments and agencies of the United States may provide the 
     Commission with such services, funds, facilities, staff, and 
     other support services as they determine advisable and as 
     authorized by law.
       (d) Compensation.--
       (1) In general.--Members of the Commission shall serve 
     without pay.
       (2) Reimbursement of expenses.--All members of the 
     Commission shall be reimbursed for reasonable travel expenses 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.
       (e) Report.--Not later than 2 years after the date of the 
     first meeting called pursuant to (a)(8)(A), the Commission 
     shall submit a report to the President and Congress that 
     contains--
       (1) findings with respect to the duties of the Commission;
       (2) recommendations regarding border enforcement policies, 
     strategies, and programs;
       (3) suggestions for the implementation of the Commission's 
     recommendations; and
       (4) a recommendation as to whether the Commission should 
     continue to exist after the date of termination described in 
     subsection (g), and if so, a description of the purposes and 
     duties recommended to be carried out by the Commission after 
     such date.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
       (g) Sunset.--Unless the Commission is reauthorized by 
     Congress, the Commission shall terminate on the date that is 
     90 days after the date the Commission submits the report 
     described in subsection (e).

     SEC. 1128. OPERATION JUMP START.

       (a) Additional Amount for Operation and Maintenance, 
     Defense-Wide Activities.--The amount authorized to be 
     appropriated for operation and maintenance for Defense-wide 
     activities is hereby increased by $400,000,000, for the 
     Department of Defense.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated for operation and maintenance for Defense-wide 
     activities, as increased by subsection (a), $400,000,000 
     shall be available for Operation Jump Start in order to 
     maintain a significant durational force of the National Guard 
     on the southern land border of the United States to assist 
     the United States Border Patrol in gaining operational 
     control of that border.
       (2) Supplement not supplant.--The amount available under 
     paragraph (1) for the purpose specified in that paragraph is 
     in addition to any other amounts available in this Act for 
     that purpose.

                  TITLE XII--ENFORCEMENT ENHANCEMENTS

     SEC. 1201. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW 
                   ENFORCEMENT OFFICERS.

       Subsection (b) of section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended by adding at the end the following new 
     paragraph:
       ``(4) Acquiring such information, if the person seeking 
     such information has probable cause to believe that the 
     individual is not lawfully present in the United States.''.

     SEC. 1202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

       (a) Amendments.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' the first place it 
     appears, except for the first reference in subsection 
     (a)(4)(B)(i), and inserting ``Secretary of Homeland 
     Security'';
       (2) by striking ``Attorney General'' any other place it 
     appears and inserting ``Secretary'';
       (3) in paragraph (1)--
       (A) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of the removal of the alien, 
     the expiration date of the stay of removal.'';
       (B) by amending subparagraph (C) to read as follows:
       ``(C) Extension of period.--The removal period shall be 
     extended beyond a period of 90 days and the alien may remain 
     in detention during such extended period if the alien fails 
     or refuses to--
       ``(i) make all reasonable efforts to comply with the 
     removal order; or
       ``(ii) fully cooperate with the Secretary's efforts to 
     establish the alien's identity and carry out the removal 
     order, including failing to make timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure, or conspiring or acting to prevent the alien's 
     removal.''; and
       (C) by adding at the end the following:
       ``(D) Tolling of period.--If, at the time described in 
     subparagraph (B), the alien is not in the custody of the 
     Secretary under the authority of this Act, the removal period 
     shall not begin until the alien is taken into such custody. 
     If the Secretary lawfully transfers custody of the alien 
     during the removal period to another Federal agency or to a 
     State or local government agency in connection with the 
     official duties of such agency, the removal period shall be 
     tolled, and shall recommence on the date on which the alien 
     is returned to the custody of the Secretary.'';
       (4) in paragraph (2), by adding at the end the following: 
     ``If a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administrative final order of removal, the 
     Secretary, in the exercise of discretion, may detain the 
     alien during the pendency of such stay of removal.'';
       (5) in paragraph (3), by amending subparagraph (D) to read 
     as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform

[[Page S9956]]

     affirmative acts, that the Secretary prescribes for the 
     alien--
       ``(i) to prevent the alien from absconding;
       ``(ii) for the protection of the community; or
       ``(iii) for other purposes related to the enforcement of 
     the immigration laws.'';
       (6) in paragraph (6), by striking ``removal period and, if 
     released,'' and inserting ``removal period, in the discretion 
     of the Secretary, without any limitations other than those 
     specified in this section, until the alien is removed. If an 
     alien is released, the alien'';
       (7) by redesignating paragraph (7) as paragraph (10); and
       (8) by inserting after paragraph (6) the following:
       ``(7) Parole.--If an alien detained pursuant to paragraph 
     (6) is an applicant for admission, the Secretary of Homeland 
     Security, in the Secretary's discretion, may parole the alien 
     under section 212(d)(5) and may provide, notwithstanding 
     section 212(d)(5), that the alien shall not be returned to 
     custody unless either the alien violates the conditions of 
     the alien's parole or the alien's removal becomes reasonably 
     foreseeable, provided that in no circumstance shall such 
     alien be considered admitted.
       ``(8) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Detention review process for aliens who have effected 
     an entry and fully cooperate with removal.--The Secretary of 
     Homeland Security shall establish an administrative review 
     process to determine whether an alien described in 
     subparagraph (B) should be detained or released after the 
     removal period in accordance with this paragraph.
       ``(B) Alien described.--An alien is described in this 
     subparagraph if the alien--
       ``(i) has effected an entry into the United States;
       ``(ii) has made all reasonable efforts to comply with the 
     alien's removal order;
       ``(iii) has cooperated fully with the Secretary's efforts 
     to establish the alien's identity and to carry out the 
     removal order, including making timely application in good 
     faith for travel or other documents necessary for the alien's 
     departure; and
       ``(iv) has not conspired or acted to prevent removal.
       ``(C) Evidence.--In making a determination under 
     subparagraph (A), the Secretary--
       ``(i) shall consider any evidence submitted by the alien; 
     and
       ``(ii) may consider any other evidence, including--

       ``(I) any information or assistance provided by the 
     Department of State or other Federal agency; and
       ``(II) any other information available to the Secretary 
     pertaining to the ability to remove the alien.

       ``(D) Authority to detain for 90 days beyond removal 
     period.--The Secretary, in the exercise of the Secretary's 
     discretion and without any limitations other than those 
     specified in this section, may detain an alien for 90 days 
     beyond the removal period (including any extension of the 
     removal period under paragraph (1)(C)).
       ``(E) Authority to detain for additional period.--The 
     Secretary, in the exercise of the Secretary's discretion and 
     without any limitations other than those specified in this 
     section, may detain an alien beyond the 90-day period 
     authorized under subparagraph (D) until the alien is removed, 
     if the Secretary--
       ``(i) determines that there is a significant likelihood 
     that the alien will be removed in the reasonably foreseeable 
     future; or
       ``(ii) certifies in writing--

       ``(I) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(II) after receipt of a written recommendation from the 
     Secretary of State, that the release of the alien would 
     likely have serious adverse foreign policy consequences for 
     the United States;
       ``(III) based on information available to the Secretary 
     (including classified, sensitive, or national security 
     information, and regardless of the grounds upon which the 
     alien was ordered removed), that there is reason to believe 
     that the release of the alien would threaten the national 
     security of the United States;
       ``(IV) that--

       ``(aa) the release of the alien would threaten the safety 
     of the community or any person, and conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person; and
       ``(bb) the alien--
       ``(AA) has been convicted of 1 or more aggravated felonies 
     (as defined in section 101(a)(43)(A)), or of 1 or more 
     attempts or conspiracies to commit any such aggravated 
     felonies for an aggregate term of imprisonment of at least 5 
     years; or
       ``(BB) has committed a crime of violence (as defined in 
     section 16 of title 18, United States Code, but not including 
     a purely political offense) and, because of a mental 
     condition or personality disorder and behavior associated 
     with that condition or disorder, is likely to engage in acts 
     of violence in the future; or

       ``(V) that--

       ``(aa) the release of the alien would threaten the safety 
     of the community or any person, notwithstanding conditions of 
     release designed to ensure the safety of the community or any 
     person; and
       ``(bb) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)) for which the 
     alien was sentenced to an aggregate term of imprisonment of 
     not less than 1 year.
       ``(F) Attorney general review.--If the Secretary authorizes 
     an extension of detention under subparagraph (E), the alien 
     may seek review of that determination before the Attorney 
     General. If the Attorney General concludes that the alien 
     should be released, then the Secretary shall release the 
     alien pursuant to subparagraph (I). The Attorney General, in 
     consultation with the Secretary, shall promulgate regulations 
     governing review under this paragraph.
       ``(G) Administrative review process.--The Secretary, 
     without any limitations other than those specified in this 
     section, may detain an alien pending a determination under 
     subparagraph (E)(ii), if the Secretary has initiated the 
     administrative review process identified in subparagraph (A) 
     not later than 30 days after the expiration of the removal 
     period (including any extension of the removal period under 
     paragraph (1)(C)).
       ``(H) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary may renew a certification 
     under subparagraph (E)(ii) every 6 months, without 
     limitation, after providing the alien with an opportunity to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew such certification, the 
     Secretary shall release the alien, pursuant to subparagraph 
     (I). If the Secretary authorizes an extension of detention 
     under paragraph (E), the alien may seek review of that 
     determination before the Attorney General. If the Attorney 
     General concludes that the alien should be released, then the 
     Secretary shall release the alien pursuant to subparagraph 
     (I).
       ``(ii) Delegation.--Notwithstanding any other provision of 
     law, the Secretary may not delegate the authority to make or 
     renew a certification described in subclause (II), (III), or 
     (V) of subparagraph (E)(ii) below the level of the Assistant 
     Secretary for Immigration and Customs Enforcement.
       ``(iii) Hearing.--The Secretary may request that the 
     Attorney General, or a designee of the Attorney General, 
     provide for a hearing to make the determination described in 
     subparagraph (E)(ii)(IV)(bb)(BB).
       ``(I) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary may, 
     in the Secretary's discretion, impose conditions on release 
     in accordance with the regulations prescribed pursuant to 
     paragraph (3).
       ``(J) Redetention.--The Secretary, without any limitations 
     other than those specified in this section, may detain any 
     alien subject to a final removal order who has previously 
     been released from custody if--
       ``(i) the alien fails to comply with the conditions of 
     release;
       ``(ii) the alien fails to continue to satisfy the 
     conditions described in subparagraph (B); or
       ``(iii) upon reconsideration, the Secretary determines that 
     the alien can be detained under subparagraph (E).
       ``(K) Applicability.--This paragraph and paragraphs (6) and 
     (7) shall apply to any alien returned to custody under 
     subparagraph (I) as if the removal period terminated on the 
     day of the redetention.
       ``(L) Detention review process for aliens who have effected 
     an entry and fail to cooperate with removal.--The Secretary 
     shall detain an alien until the alien makes all reasonable 
     efforts to comply with a removal order and to cooperate fully 
     with the Secretary's efforts, if the alien--
       ``(i) has effected an entry into the United States; and
       ``(ii)(I) and the alien faces a significant likelihood that 
     the alien will be removed in the reasonably foreseeable 
     future, or would have been removed if the alien had not--

       ``(aa) failed or refused to make all reasonable efforts to 
     comply with a removal order;
       ``(bb) failed or refused to fully cooperate with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including the failure to make 
     timely application in good faith for travel or other 
     documents necessary to the alien's departure; or
       ``(cc) conspired or acted to prevent removal; or

       ``(II) the Secretary makes a certification as specified in 
     subparagraph (E), or the renewal of a certification specified 
     in subparagraph (H).
       ``(M) Detention review process for aliens who have not 
     effected an entry.--Except as otherwise provided in this 
     subparagraph, the Secretary shall follow the guidelines 
     established in section 241.4 of title 8, Code of Federal 
     Regulations, when detaining aliens who have not effected an 
     entry. The Secretary may decide to apply the review process 
     outlined in this paragraph.
       ``(9) Judicial review.--Judicial review of any action or 
     decision made pursuant to paragraph (6), (7), or (8) shall be 
     available exclusively in a habeas corpus proceeding brought 
     in a United States district court and only if the alien has 
     exhausted all administrative remedies (statutory and 
     nonstatutory) available to the alien as of right.''.
       (b) Effective Date.--The amendments made by subsection 
     (a)--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to--

[[Page S9957]]

       (A) any alien subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act, unless --
       (i) that order was issued and the alien was subsequently 
     released or paroled before the enactment of this Act and
       (ii) the alien has complied with and remains in compliance 
     with the terms and conditions of that release or parole; and
       (B) any act or condition occurring or existing before, on, 
     or after the date of the enactment of this Act.
       (c) Detention of Aliens During Removal Proceedings.--
       (1) Detention of inadmissible arriving aliens.--Section 235 
     of the Immigration and Nationality Act (8 U.S.C. 1225) is 
     amended by adding at the end the following:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on other detention.--The length of a detention 
     under this section shall not affect the validity of any 
     detention under section 241.
       ``(f) Judicial Review.--Without regard to the place of 
     confinement, judicial review of any action or decision made 
     pursuant to subsection (e) shall be available exclusively in 
     a habeas corpus proceeding instituted in the United States 
     District Court for the District of Columbia if the alien has 
     exhausted all administrative remedies available to the alien 
     as of right.''.
       (2) Detention of apprehended aliens.--Section 236 of such 
     Act (8 U.S.C. 1226) is amended--
       (A) by redesignating subsection (e) as subsection (f);
       (B) by inserting after subsection (d) the following:
       ``(e) Length of Detention.--
       ``(1) In general.--An alien may be detained under this 
     section, without limitation, until the alien is subject to an 
     administratively final order of removal.
       ``(2) Effect on other detention.--The length of a detention 
     under this section shall not affect the validity of any 
     detention under section 241.''; and
       (C) in subsection (f), as redesignated by subparagraph (A), 
     by adding at the end the following: ``Without regard to the 
     place of confinement, judicial review of any action or 
     decision made pursuant to subsection (f) shall be available 
     exclusively in a habeas corpus proceeding instituted in the 
     United States District Court for the District of Columbia if 
     the alien has exhausted all administrative remedies available 
     to the alien as of right.''.
       (d) Severability.--If any provision of this section, any 
     amendment made by this section, or the application of any 
     such provision or amendment to any person or circumstance is 
     held to be invalid for any reason, the remainder of this 
     section, the amendments made by this section, and the 
     application of the provisions and amendments made by this 
     section to any other person or circumstance shall not be 
     affected by such holding.

     SEC. 1203. DETENTION PENDING DEPORTATION OF ALIENS WHO 
                   OVERSTAY.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following:
       ``(e) Detention of Aliens Who Exceed the Alien's Period of 
     Authorized Admission.--
       ``(1) Custody.--An alien shall be arrested and detained by 
     the Secretary of Homeland Security pending a decision on 
     whether the alien is to be removed from the United States if 
     the alien knowingly, or with reason to know exceeded, for 
     willfully exceeding, by 60 days or more, the period of the 
     alien's authorized admission or parole into the United 
     States.
       ``(2) Reason to know.--An alien shall be deemed to have 
     reason to know that they exceeded the period of authorized 
     admission if their passport is stamped with the expected 
     departure date, or if the code section under which the visa 
     they applied for contains a length of time for which the visa 
     can be issued.
       ``(3) Waiver.--The Secretary of Homeland Security may waive 
     the application of paragraph (1) if the Secretary determines 
     that the alien exceeded the alien's period of authorized 
     admission or parole as a result of exceptional circumstances 
     beyond the control of the alien or the Secretary determines a 
     waiver is necessary for humanitarian purposes.''.

     SEC. 1204. ILLEGAL REENTRY.

       Section 276 of the Immigration and Nationality Act (8 
     U.S.C. 1326) is amended by striking subsections (a) through 
     (c) and inserting the following:
       ``(a) Reentry After Removal.--An alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     and imprisoned not less than 60 days and not more than 2 
     years.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, and imprisoned not less 
     than 1 year and not more than 10 years;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, and imprisoned not less than 2 years 
     and not more than 15 years;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, and imprisoned not less than 4 years 
     and not more than 20 years;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, and 
     imprisoned not less than 4 years and not more than 20 years; 
     or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnapping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, and imprisoned not less than 5 years 
     and not more than 20 years.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, and imprisoned not less than 2 years 
     and not more than 10 years.''.

     SEC. 1205. AGGRAVATED FELONY.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, and to such an offense in violation of the law of a 
     foreign country for which the term of imprisonment was 
     completed within the previous 15 years, even if the length of 
     the term of imprisonment for the offense is based on 
     recidivism or other enhancements, and regardless of whether 
     the conviction was entered before, on, or after September 30, 
     1996, and means--'';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, rape, or 
     sexual abuse of a minor, whether or not the minority of the 
     victim is established by evidence contained in the record of 
     conviction or by evidence extrinsic to the record of 
     conviction;'';
       (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) by striking the undesignated matter following 
     subparagraph (U);
       (6) in subparagraph (E)--
       (A) in clause (ii), by inserting ``, (c),'' after 
     ``924(b)'' and by striking ``or'' at the end; and
       (B) by adding at the end the following new clauses:
       ``(iv) section 2250 of title 18, United States Code 
     (relating to failure to register as a sex offender); or
       ``(v) section 521(d) of title 18, United States Code 
     (relating to penalties for offenses committed by criminal 
     street gangs);''; and
       (7) by amending subparagraph (F) to read as follows:
       ``(F) either--
       ``(i) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense); or
       ``(ii) a third conviction for driving while intoxicated 
     (including a third conviction for driving while under the 
     influence or impaired by alcohol or drugs), without regard to 
     whether the conviction is classified as a misdemeanor or 
     felony under State law, for which the term of imprisonment is 
     at least 1 year;''.
       (b) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to any act that occurred before, on, or after 
     such date of enactment.

     SEC. 1206. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS 
                   AND OTHER CRIMINALS.

       (a) Definition of Criminal Gang.--Section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended 
     by inserting after paragraph (51) the following:
       ``(52)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has, as 1 of its primary purposes, the 
     commission of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B).
       ``(B) Offenses described in this subparagraph, whether in 
     violation of Federal or State law or in violation of the law 
     of a foreign country, regardless of whether charged, and 
     regardless of whether the conduct occurred before, on, or 
     after the date of the enactment of this paragraph, are--

[[Page S9958]]

       ``(i) a felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802));
       ``(ii) a felony offense involving firearms or explosives, 
     including a violation of section 924(c), 924(h), or 931 of 
     title 18 (relating to purchase, ownership, or possession of 
     body armor by violent felons);
       ``(iii) an offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to the importation of an 
     alien for immoral purpose);
       ``(iv) a felony crime of violence as defined in section 16 
     of title 18, United States Code;
       ``(v) a crime involving obstruction of justice; tampering 
     with or retaliating against a witness, victim, or informant; 
     or burglary;
       ``(vi) any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property); and
       ``(vii) a conspiracy to commit an offense described in 
     clause (i) through (vi).''.
       (b) Inadmissibility.--Section 212(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
       (1) by redesignating subparagraph (F) as subparagraph (J); 
     and
       (2) by inserting after subparagraph (E) the following:
       ``(F) Aliens associated with criminal gangs.--Any alien who 
     a consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe participated 
     in a criminal gang, knowing or having reason to know that 
     such participation promoted, furthered, aided, or supported 
     the illegal activity of the gang, is inadmissible.''.
       (c) Deportability.--Section 237(a)(2) of the Immigration 
     and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by 
     adding at the end the following:
       ``(F) Aliens associated with criminal gangs.--Any alien, in 
     or admitted to the United States, who at any time has 
     participated in a criminal gang, knowing or having reason to 
     know that such participation promoted, furthered, aided, or 
     supported the illegal activity of the gang is deportable.''.
       (d) Temporary Protected Status.--Section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) is amended--
       (1) by striking ``, Attorney General'' each place it 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subsection (c)(2)(B)--
       (A) in clause (i), by striking ``or'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``or''; and
       (C) by adding at the end the following:
       ``(iii) the alien participates in, or at any time after 
     admission has participated in, knowing or having reason to 
     know that such participation promoted, furthered, aided, or 
     supported the illegal activity of the gang, the activities of 
     a criminal gang.''; and
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``Subject to paragraph (3), such'' and 
     inserting ``Such''; and
       (ii) by striking ``(under paragraph (3))'';
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by adding at the end 
     the following: ``The Secretary of Homeland Security may 
     detain an alien provided temporary protected status under 
     this section whenever appropriate under any other 
     provision.''.
       (e) Precluding Admissibility of Aliens Convicted of Serious 
     Criminal Offenses and Domestic Violence, Stalking, Child 
     Abuse and Violation of Protection Orders.--Section 212 of the 
     Immigration and Nationality Act (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(2), by adding at the end the 
     following:
       ``(J) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer to sale, 
     exchange, use, own, possess, or carry, any weapon, part, or 
     accessory, which is a firearm or destructive device (as 
     defined in section 921(a) of title 18, United States Code) in 
     violation of any law is inadmissible.
       ``(K) Crimes of domestic violence, stalking, or violation 
     of protective orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who has been convicted of a crime of domestic violence, 
     a crime of stalking, or a crime of child abuse, child 
     neglect, or child abandonment, provided the alien served at 
     least 1 year's imprisonment for the crime or provided the 
     alien was convicted of or admitted to acts constituting more 
     than 1 such crime, not arising out of a single scheme of 
     criminal misconduct, is inadmissible. In this clause, the 
     term `crime of domestic violence' means any crime of violence 
     (as defined in section 16 of title 18, United States Code) 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse of the person under the 
     domestic or family violence laws of the jurisdiction where 
     the offense occurs, or by any other individual against a 
     person who is protected from that individual's acts under the 
     domestic or family violence laws of the United States or any 
     State, Indian tribal government, or unit of local or foreign 
     government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that constitutes criminal contempt of the portion of a 
     protection order that involves protection against credible 
     threats of violence, repeated harassment, or bodily injury to 
     the person or persons for whom the protection order was 
     issued, is inadmissible. In this clause, the term `protection 
     order' means any injunction issued for the purpose of 
     preventing violent or threatening acts of domestic violence, 
     including temporary or final orders issued by civil or 
     criminal courts (other than support or child custody orders 
     or provisions) whether obtained by filing an independent 
     action or as an independent order in another proceeding.
       ``(iii) Applicability.--This subparagraph shall not apply 
     to an alien who has been battered or subjected to extreme 
     cruelty and who is not and was not the primary perpetrator of 
     violence in the relationship, upon a determination by the 
     Attorney General or the Secretary of Homeland Security that--

       ``(I) the alien was acting in self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime that did 
     not result in serious bodily injury.

       ``(L) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.''.
       (2) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application of subparagraphs (A)(i)(I), 
     (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
     Attorney General or the Secretary of Homeland Security may 
     waive the application of subparagraphs (A)(i)(I), (B), (D), 
     (E), and (K) of subsection (a)(2)''; and
       (B) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' each place it appears.
       (f) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     enactment; and
       (2) to all aliens who are required to establish 
     admissibility on or after the date of enactment of this 
     section, and in all removal, deportation, or exclusion 
     proceedings that are filed, pending, or reopened, on or after 
     such date.

     SEC. 1207. IMMIGRATION INJUNCTION REFORM.

       (a) Appropriate Remedies for Immigration Legislation.--
       (1) Requirements for an order granting prospective relief 
     against the government.--
       (A) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (iv) provide for the expiration of the relief on a specific 
     date, which is not later than the earliest date necessary for 
     the Government to remedy the violation.
       (B) Written explanation.--The requirements described in 
     subparagraph (A) shall be discussed and explained in writing 
     in the order granting prospective relief and must be 
     sufficiently detailed to allow review by another court.
       (C) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (i) makes the findings required under subparagraph (A) for 
     the entry of permanent prospective relief; and
       (ii) makes the order final before expiration of such 90-day 
     period.
       (D) Requirements for order denying motion.--This paragraph 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (2) Procedure for motion affecting order granting 
     prospective relief against the government.--

[[Page S9959]]

       (A) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (B) Automatic stays.--
       (i) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (ii) Duration of automatic stay.--An automatic stay under 
     clause (i) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (iii) Postponement.--The court, for good cause, may 
     postpone an automatic stay under clause (i) for not longer 
     than 15 days.
       (iv) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in clause (i), other than an 
     order to postpone the effective date of the automatic stay 
     for not longer than 15 days under clause (iii), shall be--

       (I) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (II) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.

       (3) Settlements.--
       (A) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with paragraph (1).
       (B) Private settlement agreements.--Nothing in this 
     subsection shall preclude parties from entering into a 
     private settlement agreement that does not comply with 
     paragraph (1) if the terms of that agreement are not subject 
     to court enforcement other than reinstatement of the civil 
     proceedings that the agreement settled.
       (4) Expedited proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this subsection.
       (5) Definitions.--In this subsection:
       (A) Consent decree.--The term ``consent decree''--
       (i) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (ii) does not include private settlements.
       (B) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (C) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (D) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (E) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (F) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (b) Effective Date.--
       (1) In general.--This section shall apply with respect to 
     all orders granting prospective relief in any civil action 
     pertaining to the administration or enforcement of the 
     immigration laws of the United States, whether such relief 
     was ordered before, on, or after the date of the enactment of 
     this Act.
       (2) Pending motions.--Every motion to vacate, modify, 
     dissolve or otherwise terminate an order granting prospective 
     relief in any such action, which motion is pending on the 
     date of the enactment of this Act, shall be treated as if it 
     had been filed on such date of enactment.
       (3) Automatic stay for pending motions.--
       (A) In general.--An automatic stay with respect to the 
     prospective relief that is the subject of a motion described 
     in paragraph (2) shall take effect without further order of 
     the court on the date which is 10 days after the date of the 
     enactment of this Act if the motion--
       (i) was pending for 45 days as of the date of the enactment 
     of this Act; and
       (ii) is still pending on the date which is 10 days after 
     such date of enactment.
       (B) Duration of automatic stay.--An automatic stay that 
     takes effect under subparagraph (A) shall continue until the 
     court enters an order granting or denying the Government's 
     motion under subsection (a)(2). There shall be no further 
     postponement of the automatic stay with respect to any such 
     pending motion under subsection (a)(2)(B). Any order, 
     staying, suspending, delaying or otherwise barring the 
     effective date of this automatic stay with respect to pending 
     motions described in paragraph (2) shall be an order blocking 
     an automatic stay subject to immediate appeal under 
     subsection (a)(2)(B)(iv).

     SEC. 1208. DEFINITION OF GOOD MORAL CHARACTER.

       (a) In General.--Section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or 
     Attorney General, based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting ``regardless of whether 
     the crime was classified as an aggravated felony under 
     subsection (a)(43) at the time of conviction, unless the 
     Secretary of Homeland Security or Attorney General, in his 
     discretion, determine that this paragraph shall not apply to 
     a person who completed the term of imprisonment or sentence 
     (whichever is later) more than 10 years prior to the date of 
     application''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not a person of good moral character.'' and inserting ``a 
     discretionary finding for other reasons that such a person is 
     or was not of good moral character. In determining an 
     applicant's moral character, the Secretary of Homeland 
     Security and the Attorney General may take into consideration 
     the applicant's conduct and acts at any time and are not 
     limited solely to the period during which good moral 
     character is required.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to--
       (1) any act that occurred before, on or after such date of 
     enactment; and
       (2) any application for naturalization or any other benefit 
     or relief, or any other case or matter under the immigration 
     laws, pending on or filed after such date of enactment.

     SEC. 1209. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
                   SUBDIVISIONS TO DETAIN AND TRANSFER TO FEDERAL 
                   CUSTODY.

       (a) In General.--Title II of the Immigration and 
     Nationality Act (8 U.S.C. 1151 et. seq.) is amended by adding 
     after section 240C the following new section:

     ``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND 
                   POLITICAL SUBDIVISIONS TO DETAIN AND TRANSFER 
                   TO FEDERAL CUSTODY.

       ``(a) In General.--If the head of a law enforcement entity 
     of a State (or, if appropriate, a political subdivision of 
     the State) exercising authority with respect to the 
     apprehension or arrest of an alien submits a request to the 
     Secretary of Homeland Security that the alien be taken into 
     Federal custody, the Secretary of Homeland Security--
       ``(1) shall--
       ``(A) deem the request to include the inquiry to verify 
     immigration status described in section 642(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(c)), and expeditiously inform the requesting 
     entity whether such individual is an alien lawfully admitted 
     to the United States or is otherwise lawfully present in the 
     United States or is removable; and
       ``(B) if the individual is an alien who is removable or who 
     is not lawfully admitted to the United States or otherwise is 
     not lawfully present in the United States--
       ``(i) take the illegal alien into the custody of the 
     Federal Government not later than 72 hours after--

       ``(I) the conclusion of the State charging process or 
     dismissal process; or
       ``(II) the illegal alien is apprehended, if no State 
     charging or dismissal process is required; or

       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) shall designate at least 1 Federal, State, or local 
     prison or jail or a private contracted prison or detention 
     facility within each State as the central facility for that 
     State to transfer custody of aliens to the Department of 
     Homeland Security.
       ``(b) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State, or a political subdivision of a State, for 
     expenses, as verified by the Secretary, incurred by the State 
     or political subdivision in the detention and transportation 
     of an alien as described in subparagraphs (A) and (B) of 
     subsection (c)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (c)(1) 
     shall be--
       ``(A) the product of--
       ``(i) the average daily cost of incarceration of a prisoner 
     in the relevant State, as determined by the chief executive 
     officer of a State (or, as appropriate, a political 
     subdivision of the State); multiplied by
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision; plus
       ``(B) the cost of transporting the alien from the point of 
     apprehension or arrest to the location of detention, and if 
     the location of detention and of custody transfer are 
     different, to the custody transfer point; plus
       ``(C) the cost of uncompensated emergency medical care 
     provided to a detained alien during the period between the 
     time of transmittal of the request described in subsection 
     (c) and the time of transfer into Federal custody.

[[Page S9960]]

       ``(c) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that--
       ``(1) aliens incarcerated in a Federal facility pursuant to 
     this section are held in facilities which provide an 
     appropriate level of security; and
       ``(2) if practicable, aliens detained solely for civil 
     violations of Federal immigration law are separated within a 
     facility or facilities.
       ``(d) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States, and 
     political subdivisions of States, which routinely submit 
     requests described in subsection (c), into Federal custody.
       ``(e) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Prior to entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or if appropriate, the 
     political subdivision in which the agencies are located, has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention by a 
     State, or a Political Subdivision of a State, and 
     Transportation to Federal Custody of Aliens Believed to Not 
     Be Lawfully Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2008 and each subsequent fiscal 
     year to reimburse States, and political divisions of States, 
     for the up to 72 hour detention and transportation to Federal 
     custody aliens believed to not be lawfully present in the 
     United States under the Immigration and Nationality Act (8 
     U.S.C. 1101 et. seq.).

     SEC. 1210. INCARCERATION OF CRIMINAL ALIENS.

       (a) Institutional Removal Program.--
       (1) Continuation.--The Secretary of Homeland Security shall 
     continue to operate the Institutional Removal Program 
     (referred to in this section as the ``Program'') or shall 
     develop and implement another program to--
       (A) identify removable criminal aliens in Federal and State 
     correctional facilities;
       (B) ensure that such aliens are not released into the 
     community; and
       (C) remove such aliens from the United States after the 
     completion of their sentences.
       (2) Expansion.--The Secretary may extend the scope of the 
     Program to all States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $300,000,000 for fiscal year 2008 to carry 
     out the Institutional Removal Program.

     SEC. 1211. AUTHORIZATION FOR DETENTION AND TRANSPORTATION 
                   AFTER COMPLETION OF STATE OR LOCAL PRISON 
                   SENTENCE.

       (a) Authorization for Detention And Transportation After 
     Completion of State or Local Prison Sentence.--Law 
     enforcement officers of a State or political subdivision of a 
     State may--
       (1) hold an illegal alien for a period not to exceed 14 
     days after the completion of the alien's State prison 
     sentence to effectuate the transfer of the alien to Federal 
     custody if the alien is removable or not lawfully present in 
     the United States;
       (2) issue a detainer that would allow aliens who have 
     served a State prison sentence to be detained by the State 
     prison until authorized employees of the Bureau of 
     Immigration and Customs Enforcement can take the alien into 
     custody; or
       (3) transport the alien (including the transportation 
     across State lines to detention centers) to a location where 
     transfer to Federal custody can be effectuated.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $500,000,000 per year to reimburse the 
     expenses incurred by States, or political subdivisions of a 
     state, in the detention or transportation of criminal aliens 
     to Federal custody.

     SEC. 1212. STRENGTHENING THE DEFINITION OF CONVICTION.

       Section 101(a)(48) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(48)) is amended by adding at the end the 
     following:
       ``(C) Any reversal, vacatur, expungement, or modification 
     of a conviction, sentence, or conviction record that was 
     granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, or was granted for 
     rehabilitative purposes, or for failure to advise the alien 
     of the immigration consequences of a guilty plea or a 
     determination of guilt, shall have no effect on the 
     immigration consequences resulting from the original 
     conviction. The alien shall have the burden of demonstrating 
     that any reversal, vacatur, expungement, or modification was 
     not granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, for rehabilitative purposes, 
     or for failure to advise the alien of the immigration 
     consequences of a guilty plea or a determination of guilt.''.

     SEC. 1213. PERMITTING STATE AND LOCAL GRANTS FOR 287(G) 
                   TRAINING EXPENSES AND DETENTION AND 
                   TRANSPORTATION EXPENSES.

       State and local program grants provided in the amount of 
     $294,500,000 in this Act for ``training, exercises, technical 
     assistance, and other programs'' may be used for the initial 
     payment of, or reimbursement of, state and local expenses 
     related to the implementation of agreements between the 
     Department of Homeland Security and state and local 
     governments in accordance with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)) and for 
     the initial payment of, or reimbursement of, state and local 
     expenses related to the costs incurred to detain and 
     transport criminal aliens after the completion of their state 
     and local criminal sentences for the purpose of facilitating 
     transfer to Federal custody.''

     SEC. 1214. IMPROVEMENTS TO EMPLOYMENT ELIGIBILITY 
                   VERIFICATION.

       (a) In General.--The Secretary of Homeland Security shall 
     improve the Basic Pilot Program (as described in section 
     403(a) of division C of title IV of Public Law 104-208) to--
       (1) respond to inquiries made by participating employers 
     through the Internet concerning an individual's identity and 
     whether the individual is authorized to be employed in the 
     United States;
       (2) electronically confirm the issuance of an employment 
     authorization or identity document to the individual who is 
     seeking employment, and to display the photograph that the 
     issuer placed on such document, so that an employer can 
     compare the photograph displayed on the document presented by 
     the individual to the photograph transmitted by the 
     Department of Homeland Security to verify employment 
     authorization or identity;
       (3) maximize its reliability and ease of use by employers 
     consistent with insulating and protecting the privacy and 
     security of the underlying information;
       (4) respond accurately to all inquiries made by employers 
     on whether individuals are authorized to be employed;
       (5) maintain appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information;
       (6) allow for auditing use of the system to detect fraud 
     and identify theft, and to preserve the security of the 
     information in the Program, including--
       (A) the development and use of algorithms to detect 
     potential identity theft, such as multiple uses of the same 
     identifying information or documents;
       (B) the development and use of algorithms to detect misuse 
     of the system by employers and employees;
       (C) the development of capabilities to detect anomalies in 
     the use of the Program that may indicate potential fraud or 
     misuse of the Program; and
       (D) auditing documents and information submitted by 
     potential employees to employers, including authority to 
     conduct interviews with employers and employees.
       (b) Coordination With State Governments.--If use of an 
     employer verification system is mandated by State or local 
     law, the Secretary of the Department of Homeland Security, in 
     consultation with appropriate State and local officials, 
     shall--
       (1) ensure that such state and local programs have 
     sufficient access to the federal government's Employment 
     Eligibility Verification (EEV) system and ensure that the EEV 
     has sufficient capacity to--
       (A) register employers of states with employer verification 
     requirements;
       (B) respond to inquiries by employers; and
       (C) enter into Memoranda of Understanding with states to 
     ensure responses to subparagraphs (A) and (B);
       (2) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the Basic Pilot 
     Program, including appropriate privacy and security training 
     for State employees.
       (c) Responsibilities of the Social Security 
     Administration.--For purposes of preventing identity theft, 
     protecting employees, and reducing burden on employers, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security, shall--
       (1) review the Social Security Administration databases and 
     information technology to identify any deficiencies and 
     discrepancies related to name, birth date, citizenship 
     status, or to death records of the social security accounts 
     and social security account holders that are likely to 
     contribute to fraudulent use of documents, or identity theft, 
     or to affect the proper functioning of the Basic Pilot 
     Program;
       (2) work to correct any errors identified under subclause 
     (A); and
       (3) work to ensure that a system for identifying and 
     promptly correcting such deficiencies and discrepancies is 
     adopted to ensure the accuracy of the Social Security 
     Administration's databases.
       (d) Rulemaking.--The Secretary is authorized, with notice 
     to the public provided in the Federal Register, to issue 
     regulations concerning operational and technical aspects of 
     the Basic Pilot Program and the efficiency, accuracy, and 
     security of that Program.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $60,000,000 for fiscal year 2008 to carry 
     out this section.

[[Page S9961]]

     SEC. 1215. IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND 
                   RESPONSE.

       (a) Immunity for Reports of Suspicious Behavior.--
       (1) In general.--Any person who, in good faith and based on 
     objectively reasonable suspicion, makes, or causes to be 
     made, a voluntary report of covered activity to an authorized 
     official shall be immune from civil liability under Federal, 
     State, and local law for such report.
       (2) False reports.--Paragraph (1) shall not apply to any 
     report that the person knew to be false at the time that 
     person made that report.
       (b) Immunity for Response.--
       (1) In general.--Any authorized official who observes, or 
     receives a report of, covered activity and takes reasonable 
     action to respond to such activity shall be immune from civil 
     liability under Federal, State, and local law for such 
     action.
       (2) Savings clause.--Nothing in this subsection shall 
     affect the ability of any authorized official to assert any 
     defense, privilege, or immunity that would otherwise be 
     available, and this subsection shall not be construed as 
     affecting any such defense, privilege, or immunity.
       (c) Attorney Fees and Costs.--Any person or authorized 
     official found to be immune from civil liability under this 
     section shall be entitled to recover from the plaintiff all 
     reasonable costs and attorney fees.
       (d) Definitions.--In this section:
       (1) Authorized official.--The term ``authorized official'' 
     means--
       (A) any employee or agent of a mass transportation system;
       (B) any officer, employee, or agent of the Department of 
     Homeland Security, the Department of Transportation, or the 
     Department of Justice;
       (C) any Federal, State, or local law enforcement officer; 
     or
       (D) any transportation security officer.
       (2) Covered activity.--The term ``covered activity'' means 
     any suspicious transaction, activity, or occurrence that 
     involves, or is directed against, a mass transportation 
     system or vehicle or its passengers indicating that an 
     individual may be engaging, or preparing to engage, in--
       (A) a violent act or act dangerous to human life that is a 
     violation of the criminal laws of the United States or of any 
     State, or that would be such a violation if committed within 
     the jurisdiction of the United States or any State; or
       (B) an act of terrorism (as that term is defined in section 
     3077 of title 18, United States Code).
       (3) Mass transportation.--The term ``mass 
     transportation''--
       (A) has the meaning given to that term in section 
     5302(a)(7) of title 49, United States Code; and
       (B) includes--
       (i) school bus, charter, or intercity bus transportation;
       (ii) intercity passenger rail transportation;
       (iii) sightseeing transportation;
       (iv) a passenger vessel as that term is defined in section 
     2101(22) of title 46, United States Code;
       (v) other regularly scheduled waterborne transportation 
     service of passengers by vessel of at least 20 gross tons; 
     and
       (vi) air transportation as that term is defined in section 
     40102 of title 49, United States Code.
       (4) Mass transportation system.--The term ``mass 
     transportation system'' means an entity or entities organized 
     to provide mass transportation using vehicles, including the 
     infrastructure used to provide such transportation.
       (5) Vehicle.--The term ``vehicle'' has the meaning given to 
     that term in section 1992(16) of title 18, United States 
     Code.
       (e) Effective Date.--This section shall take effect on 
     November 20, 2006, and shall apply to all activities and 
     claims occurring on or after such date.
                                 ______
                                 
  SA 2413. Mr. MARTINEZ submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 35, line 20, strike ``which shall'' and all that 
     follows through ``3714):'' on line 26 and insert the 
     following: ``which shall be allocated based solely on an 
     assessment of risk (as determined by the Secretary of 
     Homeland Security) as follows:
       ``(1) $900,000,000 for grants to States, of which 
     $375,000,000 shall be for law enforcement terrorism 
     prevention grants:''.
                                 ______
                                 
  SA 2414. Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Levin, Mr. 
Carper, and Mrs. McCaskill) submitted an amendment intended to be 
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR 
                   MANAGEMENT.

       (a) Establishment and Succession.--Section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Deputy 
     Secretary'' and inserting ``Deputy Secretaries'';
       (B) by striking paragraph (6);
       (C) by redesignating paragraphs (2) through (5) as 
     paragraphs (3) through (6), respectively; and
       (D) by striking paragraph (1) and inserting the following:
       ``(1) A Deputy Secretary of Homeland Security.
       ``(2) A Deputy Secretary of Homeland Security for 
     Management.''; and
       (2) by adding at the end the following:
       ``(g) Vacancies.--
       ``(1) Vacancy in office of secretary.--
       ``(A) Deputy secretary.--In case of a vacancy in the office 
     of the Secretary, or of the absence or disability of the 
     Secretary, the Deputy Secretary of Homeland Security may 
     exercise all the duties of that office, and for the purpose 
     of section 3345 of title 5, United States Code, the Deputy 
     Secretary of Homeland Security is the first assistant to the 
     Secretary.
       ``(B) Deputy secretary for management.--When by reason of 
     absence, disability, or vacancy in office, neither the 
     Secretary nor the Deputy Secretary of Homeland Security is 
     available to exercise the duties of the office of the 
     Secretary, the Deputy Secretary of Homeland Security for 
     Management shall act as Secretary.
       ``(2) Vacancy in office of deputy secretary.--In the case 
     of a vacancy in the office of the Deputy Secretary of 
     Homeland Security, or of the absence or disability of the 
     Deputy Secretary of Homeland Security, the Deputy Secretary 
     of Homeland Security for Management may exercise all the 
     duties of that office.
       ``(3) Further order of succession.--The Secretary may 
     designate such other officers of the Department in further 
     order of succession to act as Secretary.''.
       (b) Responsibilities.--Section 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 341) is amended--
       (1) in the section heading, by striking ``UNDER SECRETARY'' 
     and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';
       (2) in subsection (a)--
       (A) by inserting ``The Deputy Secretary of Homeland 
     Security for Management shall serve as the Chief Management 
     Officer and principal advisor to the Secretary on matters 
     related to the management of the Department, including 
     management integration and transformation in support of 
     homeland security operations and programs.'' before ``The 
     Secretary'';
       (B) by striking ``Under Secretary for Management'' and 
     inserting ``Deputy Secretary of Homeland Security for 
     Management'';
       (C) by striking paragraph (7) and inserting the following:
       ``(7) Strategic planning and annual performance planning 
     and identification and tracking of performance measures 
     relating to the responsibilities of the Department.''; and
       (D) by striking paragraph (9), and inserting the following:
       ``(9) The integration and transformation process, to ensure 
     an efficient and orderly consolidation of functions and 
     personnel to the Department, including the development of a 
     management integration strategy for the Department.''; and
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''; and
       (B) in paragraph (2), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''.
       (c) Appointment, Evaluation, and Reappointment.--Section 
     701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is 
     amended by adding at the end the following:
       ``(c) Appointment, Evaluation, and Reappointment.--The 
     Deputy Secretary of Homeland Security for Management--
       ``(1) shall be appointed by the President, by and with the 
     advice and consent of the Senate, from among persons who 
     have--
       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results;
       ``(2) shall--
       ``(A) serve for a term of 5 years; and
       ``(B) be subject to removal by the President if the 
     President--
       ``(i) finds that the performance of the Deputy Secretary of 
     Homeland Security for Management is unsatisfactory; and
       ``(ii) communicates the reasons for removing the Deputy 
     Secretary of Homeland Security for Management to Congress 
     before such removal;
       ``(3) may be reappointed in accordance with paragraph (1), 
     if the Secretary has made a satisfactory determination under 
     paragraph (5) for the 3 most recent performance years;
       ``(4) shall enter into an annual performance agreement with 
     the Secretary that shall set forth measurable individual and 
     organizational goals; and

[[Page S9962]]

       ``(5) shall be subject to an annual performance evaluation 
     by the Secretary, who shall determine as part of each such 
     evaluation whether the Deputy Secretary of Homeland Security 
     for Management has made satisfactory progress toward 
     achieving the goals set out in the performance agreement 
     required under paragraph (4).''.
       (d) Incumbent.--The individual who serves in the position 
     of Under Secretary for Management of the Department of 
     Homeland Security on the date of enactment of this Act--
       (1) may perform all the duties of the Deputy Secretary of 
     Homeland Security for Management at the pleasure of the 
     President, until a Deputy Secretary of Homeland Security for 
     Management is appointed in accordance with subsection (c) of 
     section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341), as added by this Act; and
       (2) may be appointed Deputy Secretary of Homeland Security 
     for Management, if such appointment is otherwise in 
     accordance with sections 103 and 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
       (e) References.--References in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Under 
     Secretary for Management of the Department of Homeland 
     Security shall be deemed to refer to the Deputy Secretary of 
     Homeland Security for Management.
       (f) Technical and Conforming Amendments.--
       (1) Other reference.--Section 702(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking 
     ``Under Secretary for Management'' and inserting ``Deputy 
     Secretary of Homeland Security for Management''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) 
     is amended by striking the item relating to section 701 and 
     inserting the following:

``Sec. 701. Deputy Secretary of Homeland Security for Management.''.

       (3) Executive schedule.--Section 5313 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Deputy Secretary of Homeland Security the following:
       ``Deputy Secretary of Homeland Security for Management.''.
                                 ______
                                 
  SA 2415. Mr. GREGG proposed an amendment to amendment SA 2412 
proposed by Mr. Graham (for himself, Mr. Gregg, Mr. Sessions, Mr. Kyl, 
Mr. Cornyn, Mr. McConnell, Mr. Domenici, Mr. McCain, Mr. Sununu, Mr. 
Martinez, Mr. Coleman, and Mr. Specter) to the amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       At the end of the amendment, add the following:
       This division shall become effective one day after the date 
     of enactment.
                                 ______
                                 
  SA 2416. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. INDEPENDENT PASSPORT CARD TECHNOLOGY EVALUATION.

       (a) In General.--Before issuing a final rule to implement 
     the passport card requirements described in section 
     7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note), the Secretary of 
     State and the Secretary of Homeland Security, using funds 
     appropriated by this Act, shall jointly conduct an 
     independent technology evaluation to test any card 
     technologies appropriate for secure and efficient border 
     crossing, including not fewer than 2 potential radio 
     frequency card technologies, in a side by side trial to 
     determine the most appropriate solution for any passport card 
     in the land and sea border crossing environment.
       (b) Evaluation Criteria.--The criteria to be evaluated in 
     the evaluation under subsection (a) shall include--
       (1) the security of the technology, including its 
     resistance to tampering and fraud;
       (2) the efficiency of the use of the technology under 
     typical conditions at land and sea ports of entry;
       (3) ease of use by card holders;
       (4) reliability;
       (5) privacy protection for card holders; and
       (6) cost.
       (c) Selection.--The Secretary of State and the Secretary of 
     Homeland Security shall jointly select the most appropriate 
     technology for the passport card based on the performance 
     observed in the evaluation under subsection (a).
                                 ______
                                 
  SA 2417. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536. Additional Assistance for Preparation of Plans.
       Subparagraph (L) of section 33(b)(3) of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)) is 
     amended to read as follows:
       ``(L) To fund fire prevention programs, including the 
     development and implementation of community wildfire 
     protection plans (as defined in section 101 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6511)).''.
                                 ______
                                 
  SA 2418. Mr. SALAZAR submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. REPORT REGARDING MAJOR DISASTERS IN RURAL AND URBAN 
                   AREAS.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``major disaster'' has the meaning give that 
     term in section 102 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122);
       (3) the term ``next appropriate Federal agency'' means the 
     department or agency of the Federal Government that will be 
     assisting in the recovery from the effects of a major 
     disaster in an area after the period during which the Federal 
     Emergency Management Agency will provide such assistance in 
     that area; and
       (4) the terms ``rural'' and ``rural area'' have the 
     meanings given those terms in section 343(a) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1991(a)).
       (b) Study.--The Administrator, in conjunction with State 
     and local governments, shall conduct a study of the 
     differences between the response to major disasters occurring 
     in rural and urban areas, including--
       (1) identifying the differences in the response mechanisms 
     available for major disasters occurring in rural and urban 
     areas;
       (2) identifying barriers (including regulations) that limit 
     the ability of the Administrator to respond to major 
     disasters occurring in rural areas, as compared with major 
     disasters occurring in urban areas;
       (3) evaluating the need to designate a specific official of 
     the Federal Emergency Management Agency to act as a 
     coordinator between the Federal Emergency Management Agency 
     and the next appropriate Federal agency;
       (4) assessing the feasibility of providing partial 
     reimbursement to individuals who provide assistance, without 
     compensation, in recovering from the effects of a major 
     disaster for costs to such individuals relating to such 
     assistance; and
       (5) evaluating ways to improve consultation with State and 
     local governments to identify and resolve any problems in 
     coordinating efforts to respond to major disasters occurring 
     in rural areas.
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report regarding the study conducted under 
     subsection (b) that--
       (1) details the results of that study;
       (2) provides a plan to address the differences, if any, in 
     the response to major disasters occurring in rural and urban 
     areas; and
       (3) incorporates a description of best management practices 
     to ensure that the Federal Emergency Management Agency 
     incorporates necessary programmatic and other improvements 
     identified during the response to a major disaster occurring 
     in a rural area in responding to subsequent major disasters.
                                 ______
                                 
  SA 2419. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 2400 submitted by Mr. Vitter (for himself, Mr. 
Nelson of Florida, and Ms. Stabenow) and intended to be proposed to the 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 1, strike all after ``Sec. 536.'' and 
     insert the following:

     None of the funds made available in this Act for fiscal year 
     2008 for U.S. Customs and Border Protection may be used to 
     prevent an individual from importing a prescription drug from 
     Canada if--
       (1) such individual--
       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g)));
       (B) imports such drug by transporting it on their person; 
     and

[[Page S9963]]

       (C) while importing such drug, only transports a personal-
     use quantity of such drug that does not exceed a 90-day 
     supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2420. Ms. COLLINS (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 46, line 21, strike the period and insert the 
     following: ``: Provided further, That of the total, 
     $5,000,000 shall not be available until the Director of the 
     United States Citizenship and Immigration Services submits to 
     Congress the fraud risk assessment related to the H-1B 
     program that was started more than a year ago.''
                                 ______
                                 
  SA 2421. Mr. DOMENICI (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

      TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Border Infrastructure and 
     Technology Modernization Act of 2007''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of United States Customs and Border Protection 
     of the Department of Homeland Security.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (5) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

     SEC. 603. HIRING AND TRAINING OF BORDER AND TRANSPORTATION 
                   SECURITY PERSONNEL.

       (a) Officers and Agents.--
       (1) Increase in officers and agents.--During each of fiscal 
     years 2008 through 2012, the Secretary shall--
       (A) increase the number of full-time agents and associated 
     support staff in United States Immigration and Customs 
     Enforcement of the Department of Homeland Security by the 
     equivalent of at least 100 more than the number of such 
     employees as of the end of the preceding fiscal year; and
       (B) increase the number of full-time officers, agricultural 
     specialists, and associated support staff in United States 
     Customs and Border Protection by the equivalent of at least 
     200 more than the number of such employees as of the end of 
     the preceding fiscal year.
       (2) Waiver of fte limitation.--The Secretary is authorized 
     to waive any limitation on the number of full-time equivalent 
     personnel assigned to the Department of Homeland Security to 
     fulfill the requirements of paragraph (1).
       (b) Training.--The Secretary, acting through the Assistant 
     Secretary for United States Immigration and Customs 
     Enforcement and the Commissioner, shall provide appropriate 
     training for agents, officers, agricultural specialists, and 
     associated support staff of the Department of Homeland 
     Security on an ongoing basis to utilize new technologies and 
     to ensure that the proficiency levels of such personnel are 
     acceptable to protect the borders of the United States.

     SEC. 604. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Commissioner, in consultation with the 
     Administrator of General Services shall--
       (1) review--
       (A) the Port of Entry Infrastructure Assessment Study 
     prepared by the United States Customs Service, the 
     Immigration and Naturalization Service, and the General 
     Services Administration in accordance with the matter 
     relating to the ports of entry infrastructure assessment set 
     forth in the joint explanatory statement on page 67 of 
     conference report 106-319, accompanying Public Law 106-58; 
     and
       (B) the nationwide strategy to prioritize and address the 
     infrastructure needs at the land ports of entry prepared by 
     the Department of Homeland Security and the General Services 
     Administration in accordance with the committee 
     recommendations on page 22 of Senate report 108-86, 
     accompanying Public Law 108-90;
       (2) update the assessment of the infrastructure needs of 
     all United States land ports of entry; and
       (3) submit an updated assessment of land port of entry 
     infrastructure needs to Congress.
       (b) Consultation.--In preparing the updated studies 
     required under subsection (a), the Commissioner and the 
     Administrator of General Services shall consult with the 
     Director of the Office of Management and Budget, the 
     Secretary, and affected State and local agencies on the 
     northern and southern borders of the United States.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 605; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project--
       (A) to enhance the ability of United States Customs and 
     Border Protection to achieve its mission and to support 
     operations;
       (B) to fulfill security requirements; and
       (C) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner, as 
     appropriate, shall--
       (1) implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3); or
       (2) forward the prioritized list of infrastructure and 
     technology improvement projects to the Administrator of 
     General Services for implementation in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, 
     including immediate security needs, changes in infrastructure 
     in Mexico or Canada, or similar concerns, compellingly alter 
     the need for a project in the United States.

     SEC. 605. NATIONAL LAND BORDER SECURITY PLAN.

       (a) Requirement for Plan.--Not later than January 31 of 
     each year, the Secretary, acting through the Commissioner, 
     shall prepare a National Land Border Security Plan and submit 
     such plan to Congress.
       (b) Consultation.--In preparing the plan required under 
     subsection (a), the Commissioner shall consult with other 
     appropriate Federal agencies, State, and local law 
     enforcement agencies, and private entities that are involved 
     in international trade across the northern or southern 
     border.
       (c) Vulnerability Assessment.--
       (1) In general.--The plan required under subsection (a) 
     shall include a vulnerability assessment of each port of 
     entry located on the northern border or the southern border.
       (2) Port security coordinators.--The Secretary, acting 
     through the Commissioner, may establish 1 or more port 
     security coordinators at each port of entry located on the 
     northern border or the southern border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required under subsection (a).

     SEC. 606. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Commerce Security Programs.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner, in consultation 
     with the Secretary, shall develop a plan to expand the size 
     and scope, including personnel needs, of the Customs-Trade 
     Partnership Against Terrorism program or other voluntary 
     programs involving government entities and the private sector 
     to strengthen and improve the overall security of the 
     international supply chain and security along the northern 
     and southern border of the United States.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of the enactment of this Act, the 
     Commissioner shall establish a demonstration program along 
     the southern border for the purpose of implementing at least 
     1 voluntary program involving government entities and the 
     private sector to strengthen and improve the overall security 
     of the international supply chain and security along the 
     international borders of the United States. The program 
     selected for the demonstration program shall have been 
     successfully implemented along the northern border as of the 
     date of the enactment of this Act.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security along the southern border.

     SEC. 607. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary, acting through the 
     Commissioner, shall carry out a

[[Page S9964]]

     technology demonstration program to test and evaluate new 
     port of entry technologies, refine port of entry technologies 
     and operational concepts, and train personnel under realistic 
     conditions.
       (b) Technology and Facilities.--
       (1) Technology tested.--Under the demonstration program, 
     the Commissioner shall test technologies that enhance port of 
     entry operations, including those related to inspections, 
     communications, port tracking, identification of persons and 
     cargo, sensory devices, personal detection, decision support, 
     and the detection and identification of weapons of mass 
     destruction.
       (2) Facilities developed.--At a demonstration site selected 
     pursuant to subsection (c)(3), the Commissioner shall develop 
     facilities to provide appropriate training to law enforcement 
     personnel who have responsibility for border security, 
     including cross-training among agencies, advanced law 
     enforcement training, and equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Commissioner shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Location.--Of the sites selected under subsection (c)--
       (A) at least 1 shall be located on the northern border of 
     the United States; and
       (B) at least 1 shall be located on the southern border of 
     the United States.
       (3) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion onto not less than 25 adjacent acres; and
       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 12 months preceding the date of 
     the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary, 
     acting through the Commissioner, shall permit personnel from 
     appropriate Federal and State agencies to utilize a 
     demonstration site described in subsection (c) to test 
     technologies that enhance port of entry operations, including 
     those related to inspections, communications, port tracking, 
     identification of persons and cargo, sensory devices, 
     personal detection, decision support, and the detection and 
     identification of weapons of mass destruction.
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report shall include an assessment by the 
     Commissioner of the feasibility of incorporating any 
     demonstrated technology for use throughout United States 
     Customs and Border Protection.

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) to carry out the provisions of section 603, such sums 
     as may be necessary for the fiscal years 2008 through 2012;
       (2) to carry out the provisions of section 604--
       (A) to carry out subsection (a) of such section, such sums 
     as may be necessary for the fiscal years 2008 through 2012; 
     and
       (B) to carry out subsection (d) of such section--
       (i) $100,000,000 for each of the fiscal years 2008 through 
     2012; and
       (ii) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out the provisions of section 606--
       (A) to carry out subsection (a) of such section--
       (i) $30,000,000 for fiscal year 2008, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in paragraph (2) of such subsection; and
       (ii) such sums as may be necessary for the fiscal years 
     2009 through 2012; and
       (B) to carry out subsection (b) of such section--
       (i) $5,000,000 for fiscal year 2008; and
       (ii) such sums as may be necessary for the fiscal years 
     2009 through 2012; and
       (4) to carry out the provisions of section 607, provided 
     that not more than $10,000,000 may be expended for technology 
     demonstration program activities at any 1 port of entry 
     demonstration site in any fiscal year--
       (A) $50,000,000 for fiscal year 2008; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2009 through 2012.
       (b) International Agreements.--Funds authorized to be 
     appropriated under this title may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this title.
                                 ______
                                 
  SA 2422. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY OF RADIO COMMUNICATIONS ALONG THE 
                   INTERNATIONAL BORDERS OF THE UNITED STATES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall conduct a study to determine the areas along the 
     international borders of the United States where Federal and 
     State law enforcement officers are unable to achieve radio 
     communication or where radio communication is inadequate.
       (b) Development of Plan.--
       (1) In general.--Upon the conclusion of the study described 
     in subsection (a), the Secretary shall develop a plan for 
     enhancing radio communication capability along the 
     international borders of the United States.
       (2) Contents.--The plan developed under paragraph (1) shall 
     include--
       (A) an estimate of the costs required to implement the 
     plan; and
       (B) a description of the ways in which Federal, State, and 
     local law enforcement officers could benefit from the 
     implementation of the plan.
                                 ______
                                 
  SA 2423. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAVEL PRIVILEGES FOR CERTAIN TEMPORARY VISITORS 
                   FROM MEXICO.

       (a) Short Title.--This section may be cited as the ``Laser 
     Visa Extension Act of 2007''.
       (b) In General.--Except as provided under subsection (c), 
     the Secretary of Homeland Security shall permit a national of 
     Mexico to travel up to 100 miles from the international 
     border between Mexico and Mexico if such national--
       (1) possesses a valid machine-readable biometric border 
     crossing identification card issued by a consular officer of 
     the Department of State;
       (2) enters New Mexico through a port of entry where such 
     card is processed using a machine reader;
       (3) has successfully completed any background check 
     required by the Secretary for such travel; and
       (4) is admitted into the United States as a nonimmigrant 
     under section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)).
       (c) Exception.--On a case-by-case basis, the Secretary of 
     Homeland Security may limit the travel of a national of 
     Mexico who meets the requirements of paragraphs (1) through 
     (4) of subsection (a) to a distance of less than 100 miles 
     from the international border between Mexico and New Mexico 
     if the Secretary determines that the national--
       (1) was previously admitted into the United States as a 
     nonimmigrant; and
       (2) violated the terms and conditions of the national's 
     nonimmigrant status.
                                 ______
                                 
  SA 2424. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. COOPERATION WITH THE GOVERNMENT OF MEXICO.

       (a) Cooperation Regarding Border Security.--The Secretary 
     of State, in cooperation with the Secretary and 
     representatives of Federal, State, and local law enforcement 
     agencies that are involved in border security and immigration 
     enforcement efforts, shall work with the appropriate 
     officials from the Government of Mexico to improve 
     coordination between the United States and Mexico regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and

[[Page S9965]]

       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, shall work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a nonimmigrant under Federal law to 
     ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, shall work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     to encourage circular migration, including assisting in the 
     development of economic opportunities and providing job 
     training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to Congress 
     describing the actions taken by the United States and Mexico 
     pursuant to this section.
                                 ______
                                 
  SA 2425. Mrs. McCASKILL submitted an amendment intended to be 
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. REPORTING OF WASTE, FRAUD, AND ABUSE.

       Not later than 30 days after the date of enactment of this 
     Act--
       (1) the Secretary of Homeland Security shall establish and 
     maintain on the homepage of the website of the Department of 
     Homeland Security, a direct link to the website of the Office 
     of Inspector General of the Department of Homeland Security; 
     and
       (2) the Inspector General of the Department of Homeland 
     Security shall establish and maintain on the homepage of the 
     website of the Office of Inspector General a direct link for 
     individuals to anonymously report waste, fraud, or abuse.
                                 ______
                                 
  SA 2426. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 35, line 20, strike ``$3,030,500,000'' and insert 
     ``$3,080,500,000''.
       On page 36, line 22, strike ``$1,836,000,000'' and insert 
     ``$1,886,000,000''.
       On page 38, line 8, strike ``and''.
       On page 38, strike lines 9 and 10 and insert the following:
       (J) $15,000,000 shall be for Citizens Corps; and
       (K) $50,000,000 shall be used to provide grants, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, to any treatment works or public water 
     system that--
       (i) as of the date of enactment of this Act, uses any 
     chemical, toxin, or other substance that, if transported, or 
     stored in a sufficient quantity, would have a high likelihood 
     of causing casualties and economic damage if released or 
     otherwise targeted by terrorists (referred to in this section 
     as an ``extremely hazardous material''), including--

       (I) any substance included in table 1 or 2 contained in 
     section 68.130 of title 40, Code of Federal Regulations (or a 
     successor regulation), published in accordance with section 
     112(r)(3) of the Clean Air Act (42 U.S.C. 7412(r)(3)); and
       (II) any other substances, as determined by the Secretary; 
     and

       (ii) agrees to use funds from the grant to transition to 
     the use of a technology, product, raw material, or practice, 
     the use of which, as compared to a currently-used technology, 
     product, raw material, or practice, reduces or eliminates--

       (I) the possibility of release of an extremely hazardous 
     material; and
       (II) the hazards to public health associated with such a 
     release:

                                 ______
                                 
  SA 2427. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON LANDOWNER'S LIABILITY.

       Section 287 of the Immigration and Nationality Act (8 
     U.S.C. 1357) is amended by adding at the end the following:
       ``(i) Indemnity for Actions of Law Enforcement Officers.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and subject to appropriations, an owner of land located 
     within 100 miles of the international land border of the 
     United States may seek reimbursement from the Department of 
     Homeland Security for any adverse final tort judgment for 
     negligence (excluding attorneys' fees and costs) authorized 
     under the Federal or State tort law, arising directly from 
     such border security activity if--
       ``(A) such owner has been found negligent by a Federal or 
     State court in any tort litigation;
       ``(B) such owner has not already been reimbursed for the 
     final tort judgment, including outstanding attorney's fees 
     and costs;
       ``(C) such owner did not have or does not have sufficient 
     property insurance to cover the judgment and have had an 
     insurance claim for such coverage denied; and
       ``(D) such tort action was brought as a direct result of 
     activity of law enforcement officers of the Department of 
     Homeland Security, acting in their official capacity, on the 
     owner's land.
       ``(2) Definitions.--In this subsection--
       ``(A) the term `land' includes roads, water, watercourses, 
     and private ways, and buildings, structures, machinery and 
     equipment that is attached to real property; and
       ``(B) the term `owner' includes the possessor of a fee 
     interest, a tenant, lessee, occupant, the possessor of any 
     other interest in land, or any person having a right to grant 
     permission to use the land.
       ``(3) Exceptions.--Nothing in this subsection may be 
     construed to limit landowner liability which would otherwise 
     exist for--
       ``(A) willful or malicious failure to guard or warn against 
     a known dangerous condition, use, structure, or activity 
     likely to cause harm;
       ``(B) maintaining an attractive nuisance;
       ``(C) gross negligence; or
       ``(D) direct interference with, or hindrance of, any agent 
     or officer of the Federal Government who is authorized to 
     enforce the immigration laws of the United States during--
       ``(i) a patrol of such landowner's land; or
       ``(ii) any action taken to apprehend or detain any alien 
     attempting to enter the United States illegally or evade 
     execution of an arrest warrant for a violation of any 
     immigration law.
       ``(4) Savings provision.--Nothing in this subsection may be 
     construed to affect any right or remedy available pursuant to 
     the Federal Tort Claims Act.''.
                                 ______
                                 
  SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYMENT-BASED VISAS.

       (a) 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 ``1994, 1996, 1997, 1998,'' after 
     ``available in fiscal year'';
       (B) by striking ``or 2004'' and inserting ``2004, or 
     2006''; and
       (C) by striking ``be available'' and all that follows and 
     inserting the following: ``be available only to--
       ``(A) employment-based immigrants under paragraphs (1), 
     (2), and (3) of section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b));
       ``(B) the family members accompanying or following to join 
     such employment-based immigrants under section 203(d) of such 
     Act; and
       ``(C) those immigrant workers who had petitions approved 
     based on Schedule A, Group I under section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``1999 through 2004'' 
     and inserting ``1994, 1996 through 1998, 2001 through 2004, 
     and 2006''; and
       (B) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) Distribution of visas.--The total number of visas 
     made available under paragraph (1) from unused visas from 
     fiscal years 1994, 1996 through 1998, 2001 through 2004, and 
     2006 shall be distributed as follows:
       ``(I) The total number of visas made available for 
     immigrant workers who had petitions approved based on 
     Schedule A, Group I under section 656.5 of title 20, Code of 
     Federal Regulations, as promulgated by the Secretary of Labor 
     shall be 61,000.
       ``(II) The visas remaining from the total made available 
     under subclause (I) shall be allocated to employment-based 
     immigrants with approved petitions under paragraph (1), (2), 
     or (3) of section 203(b) of the Immigration and Nationality 
     Act (and their family members accompanying or following to 
     join).''.
       (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) in clause (vi), by striking ``and'' at the end;
       (2) by redesignating clause (vii) as clause (ix); and
       (3) by inserting after clause (vi) the following:

[[Page S9966]]

       ``(vii) 65,000 in each of fiscal years 2004 through 2007;
       ``(viii) 115,000 in fiscal year 2008; and''.
                                 ______
                                 
  SA 2429. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PERIODS OF ADMISSION.

       (a) Short Title.--This section may be cited as the ``Secure 
     Border Crossing Card Entry Act of 2007''.
       (b) Periods of Admission.--Section 214(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(a)(2)) is 
     amended by adding at the end the following:
       ``(C)(i) Except as provided under clauses (ii) and (iii), 
     the initial period of admission to the United States of an 
     alien who possesses a valid machine-readable biometric border 
     crossing identification card issued by a consular officer, 
     has successfully completed required background checks, and is 
     admitted to the United States as a nonimmigrant under section 
     101(a)(15)(B) at a port of entry at which such card is 
     processed through a machine reader, shall not be short than 
     the initial period of admission granted to any other alien 
     admitted to the United States under section 101(a)(15)(B).
       ``(ii) The Secretary of Homeland Security may prescribe, by 
     regulation, the length of the initial period of admission 
     described in clause (i), which period shall be--
       ``(I) a minimum of 6 months; or
       ``(II) the length of time provided for under clause (iii)
       ``(iii) The Secretary may, on a case-by-case basis, provide 
     for a period of admission that is shorter or longer than the 
     initial period described in clause (ii)(I) if the Secretary 
     finds good cause for such action.
       ``(iv) An alien who possesses a valid machine-readable 
     biometric border crossing identification card may not be 
     admitted to the United States for the period of admission 
     specified under clause (i) or granted extensions of such 
     period of admission if--
       ``(I) the alien previously violated the terms and 
     conditions of the alien's nonimmigrant status;
       ``(II) the alien is inadmissible as a nonimmigrant; or
       ``(III) the alien's border crossing card has not been 
     processed through a machine reader at the United States port 
     of entry or land border at which the person seeks admission 
     to the United States.''.
       (c) Rulemaking.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall promulgate regulations to carry out the amendment made 
     by subsection (b).
       (2) Waiver of apa.--In promulgating regulations under 
     paragraph (1), the Secretary may waive any provision of 
     chapter 5 of title 5, United States Code (commonly known as 
     the ``Administrative Procedures Act'') or any other law 
     relating to rulemaking if the Secretary determines that 
     compliance with such provision would impede the timely 
     implementation of this Act.
                                 ______
                                 
  SA 2430. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PLAN FOR THE CONTROL AND MANAGEMENT OF ARUNDO 
                   DONAX.

       (a) Definitions.--In this section:
       (1) Arundo donax.--The term ``Arundo donax'' means a tall 
     perennial reed commonly known as ``Carrizo cane'', ``Spanish 
     cane'', ``wild cane'', and ``giant cane''.
       (2) Plan.--The term ``plan'' means the plan for the control 
     and management of Arundo donax developed under subsection 
     (b).
       (3) River.--The term ``River'' means the Rio Grande River.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Development of Plan.--
       (1) In general.--The Secretary shall develop a plan for the 
     control and management of Arundo donax along the portion of 
     the River that serves as the international border between the 
     United States and Mexico.
       (2) Components.--In developing the plan, the Secretary 
     shall address--
       (A) information derived by the Secretary of Agriculture and 
     the Secretary of the Interior from ongoing efforts to 
     identify the most effective biological, mechanical, and 
     chemical means of controlling and managing Arundo donax;
       (B) past and current efforts to understand--
       (i) the ecological damages caused by Arundo donax; and
       (ii) the dangers Arundo donax poses to Federal and local 
     law enforcement;
       (C) any international agreements and treaties that need to 
     be completed to allow for the control and management of 
     Arundo donax on both sides of the River;
       (D) the long-term efforts that the Secretary considers to 
     be necessary to control and manage Arundo donax, including 
     the cost estimates for the implementation of the efforts; and
       (E) whether a waiver of applicable Federal environmental 
     laws (including regulations) is necessary.
       (3) Consultation.--The Secretary shall develop the plan in 
     consultation with the Secretary of Agriculture, the Secretary 
     of the Interior, the Secretary of State, the Chief of 
     Engineers, and any other Federal and State agencies that have 
     appropriate expertise regarding the control and management of 
     Arundo donax.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit the plan 
     to--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives; and
       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives.
                                 ______
                                 
  SA 2431. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending Septembr 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

     SEC. 5__. DHS IMPLEMENTATION PLANS FOR BORDER FENCE 
                   CONSTRUCTION.

       Not later than 45 days after the date of enactment of this 
     Act, the Department of Homeland Security (referred to in this 
     section as the ``Department'') shall submit to Congress a 
     report on the construction of physical barriers on the 
     southwest border of the United States that details the type 
     of land (such as Federal, State, tribal, or private land) in 
     which the Department shall seek to acquire interests, via 
     contract or purchase, to construct a fence along the border 
     or at any other location determined by the Department to be 
     necessary to exercise the power of eminent domain and condemn 
     property for such construction: Provided, That the report 
     shall include the actual locations of the land (as 
     demonstrated by geological and topological maps), the 
     identity and addresses of private landowners who may be 
     affected by action carried out under this section, and steps 
     the Department has taken or intends to take to consult with 
     affected parties, and, if condemnation is required, to 
     compensate landowners for the property: Provided further, 
     That the report shall contain detailed timelines for 
     construction of the fence (including monthly and quarterly 
     timelines), the environmental assessment of the impact of the 
     construction, and a description of the ways in which the 
     Department intends to coordinate the construction with the 
     Corps of Engineers.
                                 ______
                                 
  SA 2432. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending Septembr 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:
       Sec. __.  Amounts authorized to be appropriated in the 
     Border Law Enforcement Relief Act of 2007 are increased by 
     $50,000,000 for each of the fiscal years 2008 through 2012.
                                 ______
                                 
  SA 2433. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending Septembr 30, 2008, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual from importing a prescription drug from Canada or 
     Mexico if--
       (1) such individual--
       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g)));
       (B) imports such drug by transporting it on their person; 
     and
       (C) while importing such drug, only transports a personal-
     use quantity of such drug that does not exceed a 90-day 
     supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2434. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2400 proposed by Mr.

[[Page S9967]]

Vitter (for himself, Mr. Nelson of Florida, and Ms. Stabenow) and 
intended to be proposed to the amendment SA 2383 proposed by Mr. Byrd 
(for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 1, line 5, insert ``or Mexico'' after ``Canada''.
                                 ______
                                 
  SA 2435. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:

     SEC. 536. NATIONAL STRATEGY ON CLOSED CIRCUIT TELEVISION 
                   SYSTEMS.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall--
       (1) develop a national strategy for the effective and 
     appropriate use of closed circuit television to prevent and 
     respond to acts of terrorism, which shall include--
       (A) an assessment of how closed circuit television and 
     other public surveillance systems can be used most 
     effectively as part of an overall terrorism preparedness, 
     prevention, and response program, and its appropriate role in 
     such a program;
       (B) a comprehensive examination of the advantages and 
     limitations of closed circuit television and, as appropriate, 
     other public surveillance technologies;
       (C) best practices on camera use and data storage;
       (D) plans for coordination between the Federal Government 
     and State and local governments, and the private sector--
       (i) in the development and use of closed circuit television 
     systems; and
       (ii) for Federal assistance and support for State and local 
     utilization of such systems;
       (E) plans for pilot programs or other means of determining 
     the real-world efficacy and limitations of closed circuit 
     televisions systems;
       (F) an assessment of privacy and civil liberties concerns 
     raised by use of closed circuit television and other public 
     surveillance systems, and guidelines to address such 
     concerns; and
       (G) an assessment of whether and how closed circuit 
     television systems and other public surveillance systems are 
     effectively utilized by other democratic countries in 
     combating terrorism; and
       (2) provide to the Committees on Homeland Security and 
     Governmental Affairs and the Judiciary of the Senate and the 
     Committees on Homeland Security and the Judiciary of the 
     House of Representatives a report that includes--
       (A) the strategy required under paragraph (1);
       (B) the status and findings of any pilot program involving 
     closed circuit televisions or other public surveillance 
     systems conducted by, in coordination with, or with the 
     assistance of the Department of Homeland Security up to the 
     time of the report; and
       (C) the annual amount of funds used by the Department of 
     Homeland Security, either directly by the Department or 
     through grants to State, local, or tribal governments, to 
     support closed circuit television and the public surveillance 
     systems of the Department, since fiscal year 2004.
       (b) Consultation.--In preparing the strategy and report 
     required under subsection (a), the Secretary of Homeland 
     Security shall consult with the Attorney General, the Chief 
     Privacy Officer of the Department of Homeland Security, and 
     the Officer for Civil Rights and Civil Liberties of the 
     Department of Homeland Security.
                                 ______
                                 
  SA 2436. Mrs. FEINSTEIN (for herself and Mr. Hagel) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 69, after line 24, add the following:

          TITLE VI--PROTECTION OF UNACCOMPANIED ALIEN CHILDREN

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Unaccompanied Alien Child 
     Protection Act of 2007''.

     SEC. 602. DEFINITIONS.

       (a) In General.--In this title:
       (1) Competent.--The term ``competent'', in reference to 
     counsel, means an attorney, or a representative authorized to 
     represent unaccompanied alien children in immigration 
     proceedings or matters, who--
       (A) complies with the duties set forth in this title;
       (B) is--
       (i) properly qualified to handle matters involving 
     unaccompanied alien children; or
       (ii) working under the auspices of a qualified nonprofit 
     organization that is experienced in handling such matters; 
     and
       (C) if an attorney--
       (i) is a member in good standing of the bar of the highest 
     court of any State, possession, territory, Commonwealth, or 
     the District of Columbia; and
       (ii) is not under any order of any court suspending, 
     enjoining, restraining, disbarring, or otherwise restricting 
     the attorney in the practice of law.
       (2) Director.--The term ``Director'' means the Director of 
     the Office.
       (3) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement established by section 411 of the 
     Immigration and Nationality Act (8 U.S.C. 1521).
       (4) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the meaning given the term in 101(a)(51) of 
     the Immigration and Nationality Act, as added by subsection 
     (b).
       (5) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children, as certified by the 
     Director.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(51) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained 18 years of age; and
       ``(C) with respect to whom--
       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     available to provide care and physical custody.
       ``(52) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained 18 years of age; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.
       (c) Rule of Construction.--
       (1) State courts acting in loco parentis.--A department or 
     agency of a State, or an individual or entity appointed by a 
     State court or a juvenile court located in the United States, 
     acting in loco parentis, shall not be considered a legal 
     guardian for purposes of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279) or this title.
       (2) Clarification of the definition of unaccompanied alien 
     child.--For the purposes of section 462(g)(2) of the Homeland 
     Security Act of 2002 (6 U.S.C. 279(g)(2)) and this title, a 
     parent or legal guardian shall not be considered to be 
     available to provide care and physical custody of an alien 
     child unless such parent is in the physical presence of, and 
     able to exercise parental responsibilities over, such child 
     at the time of such child's apprehension and during the 
     child's detention.

   Subtitle A--Custody, Release, Family Reunification, and Detention

     SEC. 611. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), an immigration 
     officer who finds an unaccompanied alien child described in 
     paragraph (2) at a land border or port of entry of the United 
     States and determines that such child is inadmissible under 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country, which is contiguous with the United 
     States and has an agreement in writing with the United States 
     that provides for the safe return and orderly repatriation of 
     unaccompanied alien children who are nationals or habitual 
     residents of such country, shall be treated in accordance 
     with paragraph (1) if the Secretary determines, on a case-by-
     case basis, that--
       (i) such child is a national or habitual resident of a 
     country described in this subparagraph;
       (ii) such child does not have a fear of returning to the 
     child's country of nationality or country of last habitual 
     residence owing to a fear of persecution;
       (iii) the return of such child to the child's country of 
     nationality or country of last habitual residence would not 
     endanger the life or safety of such child; and
       (iv) the child is able to make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right, and shall be informed 
     of that right in the child's native language--
       (i) to consult with a consular officer from the child's 
     country of nationality or country of last habitual residence 
     prior to repatriation; and
       (ii) to consult, telephonically, with the Office.

[[Page S9968]]

       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with subsection (b).
       (b) Care and Custody of Unaccompanied Alien Children Found 
     in the Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subparagraphs (B) and (C) and subsection (a), the care and 
     custody of all unaccompanied alien children, including 
     responsibility for their detention, where appropriate, shall 
     be under the jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Department of Justice 
     shall retain or assume the custody and care of any 
     unaccompanied alien who is--
       (i) in the custody of the Department of Justice pending 
     prosecution for a Federal crime other than a violation of the 
     Immigration and Nationality Act; or
       (ii) serving a sentence pursuant to a conviction for a 
     Federal crime.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Department 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence, based on an individualized determination, that such 
     child could personally endanger the national security of the 
     United States.
       (2) Notification.--
       (A) In general.--Each department or agency of the Federal 
     Government shall promptly notify the Office upon--
       (i) the apprehension of an unaccompanied alien child;
       (ii) the discovery that an alien in the custody of such 
     department or agency is an unaccompanied alien child;
       (iii) any claim by an alien in the custody of such 
     department or agency that such alien is younger than 18 years 
     of age; or
       (iv) any suspicion that an alien in the custody of such 
     department or agency who has claimed to be at least 18 years 
     of age is actually younger than 18 years of age.
       (B) Special rule.--The Director shall--
       (i) make an age determination for an alien described in 
     clause (iii) or (iv) of subparagraph (A) in accordance with 
     section 615; and
       (ii) take whatever other steps are necessary to determine 
     whether such alien is eligible for treatment under section 
     462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or 
     under this title.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--Any Federal department or 
     agency that has an unaccompanied alien child in its custody 
     shall transfer the custody of such child to the Office--
       (i) not later than 72 hours after a determination is made 
     that such child is an unaccompanied alien, if the child is 
     not described in subparagraph (B) or (C) of paragraph (1);
       (ii) if the custody and care of the child has been retained 
     or assumed by the Attorney General under paragraph (1)(B) or 
     by the Department under paragraph (1)(C), following a 
     determination that the child no longer meets the description 
     set forth in such subparagraphs; or
       (iii) if the child was previously released to an individual 
     or entity described in section 612(a)(1), upon a 
     determination by the Director that such individual or entity 
     is no longer able to care for the child.
       (B) Transfer to the department.--The Director shall 
     transfer the care and custody of an unaccompanied alien child 
     in the custody of the Office or the Department of Justice to 
     the Department upon determining that the child is described 
     in subparagraph (B) or (C) of paragraph (1).
       (C) Promptness of transfer.--If a child needs to be 
     transferred under this paragraph, the sending office shall 
     make prompt arrangements to transfer such child and the 
     receiving office shall make prompt arrangements to receive 
     such child.
       (c) Age Determinations.--If the age of an alien is in 
     question and the resolution of questions about the age of 
     such alien would affect the alien's eligibility for treatment 
     under section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279) or this title, a determination of whether or not 
     such alien meets such age requirements shall be made in 
     accordance with section 615, unless otherwise specified in 
     subsection (b)(2)(B).
       (d) Access to Alien.--The Secretary and the Attorney 
     General shall permit the Office to have reasonable access to 
     aliens in the custody of the Secretary or the Attorney 
     General to ensure a prompt determination of the age of such 
     alien, if necessary under subsection (b)(2)(B).

     SEC. 612. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement of Released Children.--
       (1) Order of preference.--Subject to the discretion of the 
     Director under paragraph (4), section 613(a)(2), and section 
     462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(2)), an unaccompanied alien child in the custody of 
     the Office shall be promptly placed with 1 of the following 
     individuals or entities in the following order of preference:
       (A) A parent who seeks to establish custody under paragraph 
     (3)(A).
       (B) A legal guardian who seeks to establish custody under 
     paragraph (3)(A).
       (C) An adult relative.
       (D) An individual or entity designated by the parent or 
     legal guardian that is capable and willing to care for the 
     well being of the child.
       (E) A State-licensed family foster home, small group home, 
     or juvenile shelter willing to accept custody of the child.
       (F) A qualified adult or entity, as determined by the 
     Director by regulation, seeking custody of the child if the 
     Director determines that no other likely alternative to long-
     term detention exists and family reunification does not 
     appear to be a reasonable alternative.
       (2) Suitability assessment.--
       (A) General requirements.--Notwithstanding paragraph (1), 
     and subject to the requirements of subparagraph (B), an 
     unaccompanied alien child may not be placed with a person or 
     entity described in any of subparagraphs (A) through (F) of 
     paragraph (1) unless the Director provides written 
     certification that the proposed custodian is capable of 
     providing for the child's physical and mental well-being, 
     based on--
       (i) with respect to an individual custodian--

       (I) verification of such individual's identity and 
     employment;
       (II) a finding that such individual has not engaged in any 
     activity that would indicate a potential risk to the child, 
     including the people and activities described in paragraph 
     (4)(A)(i);
       (III) a finding that such individual is not the subject of 
     an open investigation by a State or local child protective 
     services authority due to suspected child abuse or neglect;
       (IV) verification that such individual has a plan for the 
     provision of care for the child;
       (V) verification of familial relationship of such 
     individual, if any relationship is claimed; and
       (VI) verification of nature and extent of previous 
     relationship;

       (ii) with respect to a custodial entity, verification of 
     such entity's appropriate licensure by the State, county, or 
     other applicable unit of government; and
       (iii) such other information as the Director determines 
     appropriate.
       (B) Home study.--
       (i) In general.--The Director shall place a child with any 
     custodian described in any of subparagraphs (A) through (F) 
     of paragraph (1) unless the Director determines that a home 
     study with respect to such custodian is necessary.
       (ii) Special needs children.--A home study shall be 
     conducted to determine if the custodian can properly meet the 
     needs of--

       (I) a special needs child with a disability (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102(2)); or
       (II) a child who has been the object of physical or mental 
     injury, sexual abuse, negligent treatment, or maltreatment 
     under circumstances which indicate that the child's health or 
     welfare has been harmed or threatened.

       (iii) Follow-up services.--The Director shall conduct 
     follow-up services for at least 90 days on custodians for 
     whom a home study was conducted under this subparagraph.
       (C) Contract authority.--The Director may, by grant or 
     contract, arrange for some or all of the activities under 
     this section to be carried out by--
       (i) an agency of the State of the child's proposed 
     residence;
       (ii) an agency authorized by such State to conduct such 
     activities; or
       (iii) an appropriate voluntary or nonprofit agency.
       (D) Database access.--In conducting suitability 
     assessments, the Director shall have access to all relevant 
     information in the appropriate Federal, State, and local law 
     enforcement and immigration databases.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, and subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall--
       (i) assess the suitability of placing the child with the 
     parent or legal guardian; and
       (ii) make a written determination regarding the child's 
     placement within 30 days.
       (B) Rule of construction.--Nothing in this title shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including--

       (I) the Convention on the Civil Aspects of International 
     Child Abduction, done at The Hague, October 25, 1980 (TIAS 
     11670);
       (II) the Vienna Declaration and Program of Action, adopted 
     at Vienna, June 25, 1993; and
       (III) the Declaration of the Rights of the Child, adopted 
     at New York, November 20, 1959; or

       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--
       (A) Policies and programs.--
       (i) In general.--The Director shall establish policies and 
     programs to ensure that unaccompanied alien children are 
     protected from smugglers, traffickers, or other persons 
     seeking to victimize or otherwise engage such children in 
     criminal, harmful, or exploitative activity.
       (ii) Witness protection programs included.--Programs 
     established pursuant to

[[Page S9969]]

     clause (i) may include witness protection programs.
       (B) Criminal investigations and prosecutions.--Any officer 
     or employee of the Office or of the Department, and any 
     grantee or contractor of the Office or of the Department, who 
     suspects any individual of involvement in any activity 
     described in subparagraph (A) shall report such individual to 
     Federal or State prosecutors for criminal investigation and 
     prosecution.
       (C) Disciplinary action.--Any officer or employee of the 
     Office or the Department, and any grantee or contractor of 
     the Office, who believes that a competent attorney or 
     representative has been a participant in any activity 
     described in subparagraph (A), shall report the attorney to 
     the State bar association of which the attorney is a member, 
     or to other appropriate disciplinary authorities, for 
     appropriate disciplinary action, including private or public 
     admonition or censure, suspension, or disbarment of the 
     attorney from the practice of law.
       (5) Grants and contracts.--The Director may award grants 
     to, and enter into contracts with, voluntary agencies to 
     carry out this section or section 462 of the Homeland 
     Security Act of 2002 (6 U.S.C. 279).
       (b) Confidentiality.--
       (1) In general.--All information obtained by the Office 
     relating to the immigration status of a person described in 
     subparagraphs (A), (B), and (C) of subsection (a)(1) shall 
     remain confidential and may only be used to determine such 
     person's qualifications under subsection (a)(1).
       (2) Nondisclosure of information.--In consideration of the 
     needs and privacy of unaccompanied alien children in the 
     custody of the Office or its agents, and the necessity to 
     guarantee the confidentiality of such children's information 
     in order to facilitate their trust and truthfulness with the 
     Office, its agents, and clinicians, the Office shall maintain 
     the privacy and confidentiality of all information gathered 
     in the course of the care, custody, and placement of 
     unaccompanied alien children, consistent with its role and 
     responsibilities under the Homeland Security Act to act as 
     guardian in loco parentis in the best interest of the 
     unaccompanied alien child, by not disclosing such information 
     to other government agencies or nonparental third parties.
       (c) Required Disclosure.--The Secretary or the Secretary of 
     Health and Human Services shall provide the information 
     furnished under this section, and any other information 
     derived from such furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 613. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Order of preference.--An unaccompanied alien child who 
     is not released pursuant to section 612(a)(1) shall be placed 
     in the least restrictive setting possible in the following 
     order of preference:
       (A) Licensed family foster home.
       (B) Small group home.
       (C) Juvenile shelter.
       (D) Residential treatment center.
       (E) Secure detention.
       (2) Prohibition of detention in certain facilities.--Except 
     as provided under paragraph (3), an unaccompanied alien child 
     shall not be placed in an adult detention facility or a 
     facility housing delinquent children.
       (3) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to such behavior in a facility appropriate for 
     delinquent children.
       (4) State licensure.--A child shall not be placed with an 
     entity described in section 612(a)(1)(E), unless the entity 
     is licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (5) Conditions of detention.--
       (A) In general.--The Director and the Secretary shall 
     promulgate regulations incorporating standards for conditions 
     of detention in placements described in paragraph (1) that 
     provide for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma, 
     physical and sexual violence, and abuse;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential needs of children in immigration 
     proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Regulations promulgated 
     under subparagraph (A) shall provide that all children in 
     such placements are notified of such standards orally and in 
     writing in the child's native language.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary shall develop procedures prohibiting the 
     unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as described in paragraph 
     23 of the Stipulated Settlement Agreement under Flores v. 
     Reno.

     SEC. 614. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party, and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--The Secretary of State shall include, in 
     the annual Country Reports on Human Rights Practices, an 
     assessment of the degree to which each country protects 
     children from smugglers and traffickers.
       (B) Factors for assessment.--The Secretary shall consult 
     the Country Reports on Human Rights Practices and the 
     Trafficking in Persons Report in assessing whether to 
     repatriate an unaccompanied alien child to a particular 
     country.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives on efforts to repatriate 
     unaccompanied alien children.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States;
       (B) a description of the type of immigration relief sought 
     and denied to such children;
       (C) a statement of the nationalities, ages, and gender of 
     such children;
       (D) a description of the procedures used to effect the 
     removal of such children from the United States;
       (E) a description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin; and
       (F) any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 615. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       (a) Procedures.--
       (1) In general.--The Director, in consultation with the 
     Secretary, shall develop procedures to make a prompt 
     determination of the age of an alien, which procedures shall 
     be used--
       (A) by the Secretary, with respect to aliens in the custody 
     of the Department;
       (B) by the Director, with respect to aliens in the custody 
     of the Office; and
       (C) by the Attorney General, with respect to aliens in the 
     custody of the Department of Justice.
       (2) Evidence.--The procedures developed under paragraph (1) 
     shall--
       (A) permit the presentation of multiple forms of evidence, 
     including testimony of the alien, to determine the age of the 
     unaccompanied alien for purposes of placement, custody, 
     parole, and detention; and
       (B) allow the appeal of a determination to an immigration 
     judge.
       (b) Prohibition on Sole Means of Determining Age.--
     Radiographs or the attestation of an alien may not be used as 
     the sole means of determining age for the purposes of 
     determining an alien's eligibility for treatment under this 
     title or section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279).
       (c) Rule of Construction.--Nothing in this section may be 
     construed to place the burden of proof in determining the age 
     of an alien on the Government.

     SEC. 616. EFFECTIVE DATE.

       This subtitle shall take effect on the date which is 90 
     days after the date of the enactment of this Act.

 Subtitle B--Access by Unaccompanied Alien Children to Child Advocates 
                              and Counsel

     SEC. 621. CHILD ADVOCATES.

       (a) Establishment of Child Advocate Program.--
       (1) Appointment.--The Director may appoint a child 
     advocate, who meets the qualifications described in paragraph 
     (2), for an unaccompanied alien child. The Director is 
     encouraged, if practicable, to contract with a voluntary 
     agency for the selection of an individual to be appointed as 
     a child advocate under this paragraph.
       (2) Qualifications of child advocate.--
       (A) In general.--A person may not serve as a child advocate 
     unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters;

[[Page S9970]]

       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children; and
       (iii) is not an employee of the Department, the Department 
     of Justice, or the Department of Health and Human Services.
       (B) Independence of child advocate.--
       (i) Independence from agencies of government.--The child 
     advocate shall act independently of any agency of government 
     in making and reporting findings or making recommendations 
     with respect to the best interests of the child. No agency 
     shall terminate, reprimand, de-fund, intimidate, or retaliate 
     against any person or entity appointed under paragraph (1) 
     because of the findings and recommendations made by such 
     person relating to any child.
       (ii) Prohibition of conflict of interest.--No person shall 
     serve as a child advocate for a child if such person is 
     providing legal services to such child.
       (3) Duties.--The child advocate of a child shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to the 
     child's presence in the United States, including facts and 
     circumstances--
       (i) arising in the country of the child's nationality or 
     last habitual residence; and
       (ii) arising subsequent to the child's departure from such 
     country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel relevant information collected under 
     subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) take reasonable steps to ensure that--
       (i) the best interests of the child are promoted while the 
     child participates in, or is subject to, proceedings or 
     matters under the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.);
       (ii) the child understands the nature of the legal 
     proceedings or matters and determinations made by the court, 
     and that all information is conveyed to the child in an age-
     appropriate manner;
       (F) report factual findings and recommendations consistent 
     with the child's best interests relating to the custody, 
     detention, and release of the child during the pendency of 
     the proceedings or matters, to the Director and the child's 
     counsel;
       (G) in any proceeding involving an alien child in which a 
     complaint has been filed with any appropriate disciplinary 
     authority against an attorney or representative for criminal, 
     unethical, or unprofessional conduct in connection with the 
     representation of the alien child, provide the immigration 
     judge with written recommendations or testimony on any 
     information the child advocate may have regarding the conduct 
     of the attorney; and
       (H) in any proceeding involving an alien child in which the 
     safety of the child upon repatriation is at issue, and after 
     the immigration judge has considered and denied all 
     applications for relief other than voluntary departure, 
     provide the immigration judge with written recommendations or 
     testimony on any information the child advocate may have 
     regarding the child's safety upon repatriation.
       (4) Termination of appointment.--The child advocate shall 
     carry out the duties described in paragraph (3) until the 
     earliest of the date on which--
       (A) those duties are completed;
       (B) the child departs from the United States;
       (C) the child is granted permanent resident status in the 
     United States;
       (D) the child reaches 18 years of age; or
       (E) the child is placed in the custody of a parent or legal 
     guardian.
       (5) Powers.--The child advocate--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;
       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings or 
     interviews involving the child that are held in connection 
     with proceedings or matters under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a 
     reasonable opportunity to be present at such hearings or 
     interviews;
       (E) shall be permitted to accompany and consult with the 
     child during any hearing or interview involving such child; 
     and
       (F) shall be provided at least 24 hours advance notice of a 
     transfer of that child to a different placement, absent 
     compelling and unusual circumstances warranting the transfer 
     of such child before such notification.
       (b) Training.--
       (1) In general.--The Director shall provide professional 
     training for all persons serving as child advocates under 
     this section.
       (2) Training topics.--The training provided under paragraph 
     (1) shall include training in--
       (A) the circumstances and conditions faced by unaccompanied 
     alien children; and
       (B) various immigration benefits for which such alien child 
     might be eligible.
       (c) Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall establish and 
     begin to carry out a pilot program to test the implementation 
     of subsection (a). Any pilot program existing before the date 
     of the enactment of this Act shall be deemed insufficient to 
     satisfy the requirements of this subsection.
       (2) Purpose.--The purpose of the pilot program established 
     pursuant to paragraph (1) is to--
       (A) study and assess the benefits of providing child 
     advocates to assist unaccompanied alien children involved in 
     immigration proceedings or matters;
       (B) assess the most efficient and cost-effective means of 
     implementing the child advocate provisions under this 
     section; and
       (C) assess the feasibility of implementing such provisions 
     on a nationwide basis for all unaccompanied alien children in 
     the care of the Office.
       (3) Scope of program.--
       (A) Selection of site.--The Director shall select 3 sites 
     at which to operate the pilot program established under 
     paragraph (1).
       (B) Number of children.--Each site selected under 
     subparagraph (A) should have not less than 25 children held 
     in immigration custody at any given time, to the greatest 
     extent possible.
       (4) Report to congress.--Not later than 1 year after the 
     date on which the first pilot program site is established 
     under paragraph (1), the Director shall submit a report on 
     the achievement of the purposes described in paragraph (2) to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 622. COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure, to the greatest 
     extent practicable, that all unaccompanied alien children in 
     the custody of the Office or the Department, who are not 
     described in section 611(a)(2), have competent counsel to 
     represent them in immigration proceedings or matters.
       (2) Pro bono representation.--To the greatest extent 
     practicable, the Director shall--
       (A) make every effort to utilize the services of competent 
     pro bono counsel who agree to provide representation to such 
     children without charge; and
       (B) ensure that placements made under subparagraphs (D), 
     (E), and (F) of section 612(a)(1) are in cities in which 
     there is a demonstrated capacity for competent pro bono 
     representation.
       (3) Development of necessary infrastructures and systems.--
     The Director shall develop the necessary mechanisms to 
     identify and recruit entities that are available to provide 
     legal assistance and representation under this subsection.
       (4) Contracting and grant making authority.--
       (A) In general.--The Director shall enter into contracts 
     with, or award grants to, nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out the 
     responsibilities of this title, including providing legal 
     orientation, screening cases for referral, recruiting, 
     training, and overseeing pro bono attorneys.
       (B) Subcontracting.--Nonprofit agencies may enter into 
     subcontracts with, or award grants to, private voluntary 
     agencies with relevant expertise in the delivery of 
     immigration-related legal services to children in order to 
     carry out this subsection.
       (C) Considerations regarding grants and contracts.--In 
     awarding grants and entering into contracts with agencies 
     under this paragraph, the Director shall take into 
     consideration the capacity of the agencies in question to 
     properly administer the services covered by such grants or 
     contracts without an undue conflict of interest.
       (5) Model guidelines on legal representation of children.--
       (A) Development of guidelines.--The Director of the 
     Executive Office for Immigration Review of the Department of 
     Justice, in consultation with voluntary agencies and national 
     experts, shall develop model guidelines for the legal 
     representation of alien children in immigration proceedings. 
     Such guidelines shall be based on the children's asylum 
     guidelines, the American Bar Association Model Rules of 
     Professional Conduct, and other relevant domestic or 
     international sources.
       (B) Purpose of guidelines.--The guidelines developed under 
     subparagraph (A) shall be designed to help protect each child 
     from any individual suspected of involvement in any criminal, 
     harmful, or exploitative activity associated with the 
     smuggling or trafficking of children, while ensuring the 
     fairness of the removal proceeding in which the child is 
     involved.
       (C) Implementation.--Not later than 180 days after the date 
     of the enactment of this Act, the Director of the Executive 
     Office for Immigration Review shall--
       (i) adopt the guidelines developed under subparagraph (A); 
     and
       (ii) submit the guidelines for adoption by national, State, 
     and local bar associations.
       (b) Duties.--Counsel under this section shall--
       (1) represent the unaccompanied alien child in all 
     proceedings and matters relating

[[Page S9971]]

     to the immigration status of the child or other actions 
     involving the Department;
       (2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Department; and
       (3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due to an adult client.
       (c) Access to Child.--
       (1) In general.--Counsel under this section shall have 
     reasonable access to the unaccompanied alien child, including 
     access while the child is--
       (A) held in detention;
       (B) in the care of a foster family; or
       (C) in any other setting that has been determined by the 
     Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, a child who is represented by counsel 
     may not be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (d) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (e) Access to Recommendations of Child Advocate.--Counsel 
     shall be given an opportunity to review the recommendations 
     of the child advocate affecting or involving a client who is 
     an unaccompanied alien child.
       (f) Counsel for Unaccompanied Alien Children.--Nothing in 
     this title may be construed to require the Government of the 
     United States to pay for counsel to any unaccompanied alien 
     child.

     SEC. 623. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This subtitle shall take effect on the 
     date which is 180 days after the date of the enactment of 
     this Act.
       (b) Applicability.--The provisions of this subtitle shall 
     apply to all unaccompanied alien children in Federal custody 
     before, on, or after the effective date of this subtitle.

 Subtitle C--Strengthening Policies for Permanent Protection of Alien 
                                Children

     SEC. 631. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.

       (a) J Classification.--
       (1) In general.--Section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to 
     read as follows:
       ``(J) an immigrant, who is 18 years of age or younger on 
     the date of application for classification as a special 
     immigrant and present in the United States--
       ``(i) who, by a court order supported by written findings 
     of fact, which shall be binding on the Secretary of Homeland 
     Security for purposes of adjudications under this 
     subparagraph--
       ``(I) was declared dependent on a juvenile court located in 
     the United States or has been legally committed to, or placed 
     under the custody of, a department or agency of a State, or 
     an individual or entity appointed by a State or juvenile 
     court located in the United States; and
       ``(II) should not be reunified with his or her parents due 
     to abuse, neglect, abandonment, or a similar basis found 
     under State law;
       ``(ii) for whom it has been determined by written findings 
     of fact in administrative or judicial proceedings that it 
     would not be in the alien's best interest to be returned to 
     the alien's or parent's previous country of nationality or 
     country of last habitual residence; and
       ``(iii) with respect to a child in Federal custody, for 
     whom the Office of Refugee Resettlement of the Department of 
     Health and Human Services has certified to the Director of 
     U.S. Citizenship and Immigration Services that the 
     classification of an alien as a special immigrant under this 
     subparagraph has not been made solely to provide an 
     immigration benefit to that alien.''.
       (2) Rule of construction.--Nothing in section 101(a)(27)(J) 
     of the Immigration and Nationality Act, as amended by 
     paragraph (1), shall be construed to grant, to any natural 
     parent or prior adoptive parent of any alien provided special 
     immigrant status under such subparagraph, by virtue of such 
     parentage, any right, privilege, or status under such Act.
       (b) Adjustment of Status.--Section 245(h)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
     amended to read as follows:
       ``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), and 
     9(C)(i)(I) of section 212(a) shall not apply; and''.
       (c) Eligibility for Assistance.--
       (1) In general.--A child who has been certified under 
     section 101(a)(27)(J) of the Immigration and Nationality Act, 
     as amended by subsection (a)(1), and who was in the custody 
     of the Office at the time a dependency order was granted for 
     such child, shall be eligible for placement and services 
     under section 412(d) of such Act (8 U.S.C. 1522(d)) until the 
     earlier of--
       (A) the date on which the child reaches the age designated 
     in section 412(d)(2)(B) of such Act (8 U.S.C. 1522(d)(2)(B)); 
     or
       (B) the date on which the child is placed in a permanent 
     adoptive home.
       (2) State reimbursement.--If foster care funds are expended 
     on behalf of a child who is not described in paragraph (1) 
     and has been granted relief under section 101(a)(27)(J) of 
     the Immigration and Nationality Act, the Federal Government 
     shall reimburse the State in which the child resides for such 
     expenditures by the State.
       (d) Transition Rule.--Notwithstanding any other provision 
     of law, a child described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act, as amended by subsection 
     (a)(1), may not be denied such special immigrant juvenile 
     classification after the date of the enactment of this Act 
     based on age if the child--
       (1) filed an application for special immigrant juvenile 
     classification before the date of the enactment of this Act 
     and was 21 years of age or younger on the date such 
     application was filed; or
       (2) was younger than 21 years of age on the date on which 
     the child applied for classification as a special immigrant 
     juvenile and can demonstrate exceptional circumstances 
     warranting relief.
       (e) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     rules to carry out this section.
       (f) Effective Date.--The amendments made by this section 
     shall apply to all aliens who were in the United States 
     before, on, or after the date of the enactment of this Act.

     SEC. 632. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--
       (1) In general.--The Secretary of Health and Human 
     Services, acting jointly with the Secretary, shall provide 
     appropriate training materials, and upon request, direct 
     training, to State and county officials, child welfare 
     specialists, teachers, public counsel, and juvenile judges 
     who come into contact with unaccompanied alien children.
       (2) Curriculum.--The training required under paragraph (1) 
     shall include education on the processes pertaining to 
     unaccompanied alien children with pending immigration status 
     and on the forms of relief potentially available. The 
     Director shall establish a core curriculum that can be 
     incorporated into education, training, or orientation modules 
     or formats that are currently used by these professionals.
       (3) Video conferencing.--Direct training requested under 
     paragraph (1) may be conducted through video conferencing.
       (b) Training of Department Personnel.--The Secretary, 
     acting jointly with the Secretary of Health and Human 
     Services, shall provide specialized training to all personnel 
     of the Department who come into contact with unaccompanied 
     alien children. Training for agents of the Border Patrol and 
     immigration inspectors shall include specific training on 
     identifying--
       (1) children at the international borders of the United 
     States or at United States ports of entry who have been 
     victimized by smugglers or traffickers; and
       (2) children for whom asylum or special immigrant relief 
     may be appropriate, including children described in section 
     611(a)(2)(A).

     SEC. 633. REPORT.

       Not later than 1 year after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of Health 
     and Human Services shall submit a report to the Committee on 
     the Judiciary of the Senate and the Committee on the 
     Judiciary of the House of Representatives that contains, for 
     the most recently concluded fiscal year--
       (1) data related to the implementation of section 462 of 
     the Homeland Security Act (6 U.S.C. 279);
       (2) data regarding the care and placement of children under 
     this title;
       (3) data regarding the provision of child advocate and 
     counsel services under this title; and
       (4) any other information that the Director or the 
     Secretary of Health and Human Services determines to be 
     appropriate.

            Subtitle D--Children Refugee and Asylum Seekers

     SEC. 641. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress--
       (1) commends the former Immigration and Naturalization 
     Service for its ``Guidelines for Children's Asylum Claims'', 
     issued in December 1998;
       (2) encourages and supports the Department to implement 
     such guidelines to facilitate the handling of children's 
     affirmative asylum claims;
       (3) commends the Executive Office for Immigration Review of 
     the Department of Justice for its ``Guidelines for 
     Immigration Court Cases Involving Unaccompanied Alien 
     Children'', issued in September 2004;
       (4) encourages and supports the continued implementation of 
     such guidelines by the Executive Office for Immigration 
     Review in its handling of children's asylum claims before 
     immigration judges; and
       (5) understands that the guidelines described in paragraph 
     (3)--
       (A) do not specifically address the issue of asylum claims; 
     and
       (B) address the broader issue of unaccompanied alien 
     children.
       (b) Training.--

[[Page S9972]]

       (1) Immigration officers.--The Secretary shall provide 
     periodic comprehensive training under the ``Guidelines for 
     Children's Asylum Claims'' to asylum officers and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers.
       (2) Immigration judges.--The Director of the Executive 
     Office for Immigration Review shall--
       (A) provide periodic comprehensive training under the 
     ``Guidelines for Immigration Court Cases Involving 
     Unaccompanied Alien Children'' and the ``Guidelines for 
     Children's Asylum Claims'' to immigration judges and members 
     of the Board of Immigration Appeals; and
       (B) redistribute the ``Guidelines for Children's Asylum 
     Claims'' to all immigration courts as part of its training of 
     immigration judges.
       (3) Use of voluntary agencies.--Voluntary agencies shall be 
     allowed to assist in the training described in this 
     subsection.
       (c) Statistics and Reporting.--
       (1) Statistics.--
       (A) Department of justice.--The Attorney General shall 
     compile and maintain statistics on the number of cases in 
     immigration court involving unaccompanied alien children, 
     which shall include, with respect to each such child, 
     information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality;
       (iv) representation by counsel;
       (v) the relief sought; and
       (vi) the outcome of such cases.
       (B) Department of homeland security.--The Secretary shall 
     compile and maintain statistics on the instances of 
     unaccompanied alien children in the custody of the 
     Department, which shall include, with respect to each such 
     child, information about--
       (i) the age;
       (ii) the gender;
       (iii) the country of nationality; and
       (iv) the length of detention.
       (2) Reports to congress.--Not later than 90 days after the 
     date of the enactment of this Act, and annually, thereafter, 
     the Attorney General, in consultation with the Secretary, 
     Secretary of Health and Human Services, and any other 
     necessary government official, shall submit a report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary House of Representatives on the number of alien 
     children in Federal custody during the most recently 
     concluded fiscal year. Information contained in the report, 
     with respect to such children, shall be categorized by--
       (A) age;
       (B) gender;
       (C) country of nationality;
       (D) length of time in custody;
       (E) the department or agency with custody; and
       (F) treatment as an unaccompanied alien child.

     SEC. 642. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) of the Immigration and Nationality Act (8 U.S.C. 
     1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, categorized by region, which 
     shall include an assessment of--
       ``(A) the number of unaccompanied refugee children;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the following 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(f)(2)) is amended--
       (1) by striking ``and'' after ``countries,''; and
       (2) by inserting ``, and instruction on the needs of 
     unaccompanied refugee children'' before the period at the 
     end.

     SEC. 643. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN 
                   ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.

       (a) Placement in Removal Proceedings.--Any unaccompanied 
     alien child apprehended by the Department, except for an 
     unaccompanied alien child subject to exceptions under 
     paragraph (1)(A) or (2) of section 611(a), shall be placed in 
     removal proceedings under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a).
       (b) Exception From Time Limit for Filing Asylum 
     Application.--Section 208 of the Immigration and Nationality 
     Act (8 U.S.C. 1158) is amended--
       (1) in subsection (a)(2), by adding at the end the 
     following:
       ``(E) Applicability.--Subparagraphs (A) and (B) shall not 
     apply to an unaccompanied alien child.''; and
       (2) in subsection (b)(3), by adding at the end the 
     following:
       ``(C) Initial jurisdiction.--United States Citizenship and 
     Immigration Services shall have initial jurisdiction over any 
     asylum application filed by an unaccompanied alien child.''.

      Subtitle E--Amendments to the Homeland Security Act of 2002

     SEC. 651. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE 
                   OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Additional Responsibilities of the Director.--Section 
     462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(1)) is amended--
       (1) in subparagraph (K), by striking ``and'' at the end;
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``, including regular follow-up visits to such 
     facilities, placements, and other entities, to assess the 
     continued suitability of such placements; and''; and
       (3) by adding at the end the following:
       ``(M) ensuring minimum standards of care for all 
     unaccompanied alien children--
       ``(i) for whom detention is necessary; and
       ``(ii) who reside in settings that are alternative to 
     detention.''.
       (b) Additional Authority of the Director.--Section 462(b) 
     of the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is 
     amended by adding at the end the following:
       ``(4) Authority.--In carrying out the duties under 
     paragraph (3), the Director may--
       ``(A) contract with service providers to perform the 
     services described in sections 612, 613, 621, and 622 of the 
     Unaccompanied Alien Child Protection Act of 2007; and
       ``(B) compel compliance with the terms and conditions set 
     forth in section 613 of such Act, by--
       ``(i) declaring providers to be in breach and seek damages 
     for noncompliance;
       ``(ii) terminating the contracts of providers that are not 
     in compliance with such conditions; or
       ``(iii) reassigning any unaccompanied alien child to a 
     similar facility that is in compliance with such section.''.

     SEC. 652. TECHNICAL CORRECTIONS.

       Section 462(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(b)), as amended by section 651, is further 
     amended--
       (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
     inserting ``paragraph (1)''; and
       (2) by adding at the end the following:
       ``(5) Rule of construction.--Nothing in paragraph (2)(B) 
     may be construed to require that a bond be posted for 
     unaccompanied alien children who are released to a qualified 
     sponsor.''.

     SEC. 653. EFFECTIVE DATE.

       The amendments made by this subtitle shall take effect as 
     if included in the Homeland Security Act of 2002 (6 U.S.C. 
     101 et seq.).

               Subtitle F--Prison Sexual Abuse Prevention

     SEC. 661. SHORT TITLE.

       This subtitle may be cited as the ``Prison Sexual Abuse 
     Prevention Act of 2007''.

     SEC. 662. SEXUAL ABUSE.

       Sections 2241, 2242, 2243, and 2244 of title 18, United 
     States Code, are each amended by striking ``the Attorney 
     General'' each place that term appears and inserting ``the 
     head of any Federal department or agency''.

              Subtitle G--Authorization of Appropriations

     SEC. 671. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department, the Department of Justice, and the Department 
     of Health and Human Services, such sums as may be necessary 
     to carry out--
       (1) the provisions of section 462 of the Homeland Security 
     Act of 2002 (6 U.S.C. 279); and
       (2) the provisions of this title.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) shall remain available until expended.
                                 ______
                                 
  SA 2437. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                  TITLE VI--VISA AND PASSPORT SECURITY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Passport and Visa Security 
     Act of 2007''.

             Subtitle A--Reform of Passport Fraud Offenses

     SEC. 611. TRAFFICKING IN PASSPORTS.

       Section 1541 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1541. Trafficking in passports

       ``(a) Multiple Passports.--Any person who, during any 
     period of 3 years or less, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more passports;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more passports;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes 10 or more passports, knowing the passports to be 
     forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority; or

[[Page S9973]]

       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more applications for a United States passport, 
     knowing the applications to contain any false statement or 
     representation,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(b) Passport Materials.--Any person who knowingly and 
     without lawful authority produces, buys, sells, possesses, or 
     uses any official material (or counterfeit of any official 
     material) used to make a passport, including any distinctive 
     paper, seal, hologram, image, text, symbol, stamp, engraving, 
     or plate, shall be fined under this title, imprisoned not 
     more than 20 years, or both.''.

     SEC. 612. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

       Section 1542 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1542. False statement in an application for a passport

       ``(a) In General.--Whoever knowingly makes any false 
     statement or representation in an application for a United 
     States passport, or mails, prepares, presents, or signs an 
     application for a United States passport knowing the 
     application to contain any false statement or representation, 
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Venue.--
       ``(1) In general.--An offense under subsection (a) may be 
     prosecuted in any district--
       ``(A) in which the false statement or representation was 
     made or the application for a United States passport was 
     prepared or signed; or
       ``(B) in which or to which the application was mailed or 
     presented.
       ``(2) Acts occurring outside the united states.--An offense 
     under subsection (a) involving an application for a United 
     States passport prepared and adjudicated outside the United 
     States may be prosecuted in the district in which the 
     resultant passport was or would have been produced.
       ``(c) Savings Clause.--Nothing in this section may be 
     construed to limit the venue otherwise available under 
     sections 3237 and 3238 of this title.''.

     SEC. 613. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

       Section 1543 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1543. Forgery and unlawful production of a passport

       ``(a) Forgery.--Any person who knowingly--
       ``(1) forges, counterfeits, alters, or falsely makes any 
     passport; or
       ``(2) transfers any passport knowing it to be forged, 
     counterfeited, altered, falsely made, stolen, or to have been 
     produced or issued without lawful authority,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Unlawful Production.--Any person who knowingly and 
     without lawful authority--
       ``(1) produces, issues, authorizes, or verifies a passport 
     in violation of the laws, regulations, or rules governing the 
     issuance of the passport;
       ``(2) produces, issues, authorizes, or verifies a United 
     States passport for or to any person knowing or in reckless 
     disregard of the fact that such person is not entitled to 
     receive a passport; or
       ``(3) transfers or furnishes a passport to any person for 
     use by any person other than the person for whom the passport 
     was issued or designed,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.''.

     SEC. 614. MISUSE OF A PASSPORT.

       Section 1544 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1544. Misuse of a passport

       ``Any person who knowingly--
       ``(1) uses any passport issued or designed for the use of 
     another;
       ``(2) uses any passport in violation of the conditions or 
     restrictions therein contained, or in violation of the laws, 
     regulations, or rules governing the issuance and use of the 
     passport;
       ``(3) secures, possesses, uses, receives, buys, sells, or 
     distributes any passport knowing it to be forged, 
     counterfeited, altered, falsely made, procured by fraud, or 
     produced or issued without lawful authority; or
       ``(4) violates the terms and conditions of any safe conduct 
     duly obtained and issued under the authority of the United 
     States,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.''.

     SEC. 615. SCHEMES TO DEFRAUD ALIENS.

       Section 1545 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1545. Schemes to defraud aliens

       ``(a) In General.--Any person who knowingly executes a 
     scheme or artifice, in connection with any matter that is 
     authorized by or arises under Federal immigration laws or any 
     matter the offender claims or represents is authorized by or 
     arises under Federal immigration laws, to--
       ``(1) defraud any person; or
       ``(2) obtain or receive money or anything else of value 
     from any person by means of false or fraudulent pretenses, 
     representations, promises,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Misrepresentation.--Any person who knowingly and 
     falsely represents that such person is an attorney or an 
     accredited representative (as that term is defined in section 
     1292.1 of title 8, Code of Federal Regulations (or any 
     successor regulation to such section)) in any matter arising 
     under Federal immigration laws shall be fined under this 
     title, imprisoned not more than 15 years, or both.''.

     SEC. 616. IMMIGRATION AND VISA FRAUD.

       Section 1546 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 1546. Immigration and visa fraud

       ``(a) In General.--Any person who knowingly--
       ``(1) uses any immigration document issued or designed for 
     the use of another;
       ``(2) forges, counterfeits, alters, or falsely makes any 
     immigration document;
       ``(3) completes, mails, prepares, presents, signs, or 
     submits any immigration document knowing it to contain any 
     materially false statement or representation;
       ``(4) secures, possesses, uses, transfers, receives, buys, 
     sells, or distributes any immigration document knowing it to 
     be forged, counterfeited, altered, falsely made, stolen, 
     procured by fraud, or produced or issued without lawful 
     authority;
       ``(5) adopts or uses a false or fictitious name to evade or 
     to attempt to evade the immigration laws; or
       ``(6) transfers or furnishes, without lawful authority, an 
     immigration document to another person for use by a person 
     other than the person for whom the document was issued or 
     designed,
     shall be fined under this title, imprisoned not more than 15 
     years, or both.
       ``(b) Trafficking.--Any person who, during any period of 3 
     years or less, knowingly--
       ``(1) and without lawful authority produces, issues, or 
     transfers 10 or more immigration documents;
       ``(2) forges, counterfeits, alters, or falsely makes 10 or 
     more immigration documents;
       ``(3) secures, possesses, uses, buys, sells, or distributes 
     10 or more immigration documents, knowing the immigration 
     documents to be forged, counterfeited, altered, stolen, 
     falsely made, procured by fraud, or produced or issued 
     without lawful authority; or
       ``(4) completes, mails, prepares, presents, signs, or 
     submits 10 or more immigration documents knowing the 
     documents to contain any materially false statement or 
     representation,
     shall be fined under this title, imprisoned not more than 20 
     years, or both.
       ``(c) Immigration Document Materials.--Any person who 
     knowingly and without lawful authority produces, buys, sells, 
     possesses, or uses any official material (or counterfeit of 
     any official material) used to make immigration documents, 
     including any distinctive paper, seal, hologram, image, text, 
     symbol, stamp, engraving, or plate, shall be fined under this 
     title, imprisoned not more than 20 years, or both.
       ``(d) Employment Documents.--Whoever uses--
       ``(1) an identification document, knowing (or having reason 
     to know) that the document was not issued lawfully for the 
     use of the possessor;
       ``(2) an identification document knowing (or having reason 
     to know) that the document is false; or
       ``(3) a false attestation,
     for the purpose of satisfying a requirement of section 
     274A(b) of the Immigration and Nationality Act (8 U.S.C. 
     1324a(b)), shall be fined under this title, imprisoned not 
     more than 5 years, or both.''.

     SEC. 617. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN 
                   OFFENSES.

       Section 1547 of title 18, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``(other than an offense under section 1545)'';
       (2) in paragraph (1), by striking ``15'' and inserting 
     ``20''; and
       (3) in paragraph (2), by striking ``20'' and inserting 
     ``25''.

     SEC. 618. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND 
                   DEFINITIONS.

       Chapter 75 of title 18, United States Code, is amended by 
     adding after section 1547 the following new sections:

     ``Sec. 1548. Attempts and conspiracies

       ``Any person who attempts or conspires to violate any 
     section of this chapter shall be punished in the same manner 
     as a person who completed a violation of that section.

     ``Sec. 1549. Additional jurisdiction

       ``(a) In General.--Any person who commits an offense under 
     this chapter within the special maritime and territorial 
     jurisdiction of the United States shall be punished as 
     provided under this chapter.
       ``(b) Extraterritorial Jurisdiction.--Any person who 
     commits an offense under this chapter outside the United 
     States shall be punished as provided under this chapter if--
       ``(1) the offense involves a United States passport or 
     immigration document (or any document purporting to be such a 
     document) or any matter, right, or benefit arising under or 
     authorized by Federal immigration laws;
       ``(2) the offense is in or affects foreign commerce;
       ``(3) the offense affects, jeopardizes, or poses a 
     significant risk to the lawful administration of Federal 
     immigration laws, or the national security of the United 
     States;
       ``(4) the offense is committed to facilitate an act of 
     international terrorism (as defined in section 2331) or a 
     drug trafficking crime (as defined in section 929(a)(2)) that 
     affects or would affect the national security of the United 
     States;

[[Page S9974]]

       ``(5) the offender is a national of the United States or an 
     alien lawfully admitted for permanent residence (as those 
     terms are defined in section 101(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a))); or
       ``(6) the offender is a stateless person whose habitual 
     residence is in the United States.

     ``Sec. 1550. Authorized law enforcement activities

       ``Nothing in this chapter shall prohibit any lawfully 
     authorized investigative, protective, or intelligence 
     activity of a law enforcement agency of the United States, a 
     State, or a political subdivision of a State, or an 
     intelligence agency of the United States, or any activity 
     authorized under title V of the Organized Crime Control Act 
     of 1970 (Public Law 91-452; 84 Stat. 933).

     ``Sec. 1551. Definitions

       ``As used in this chapter:
       ``(1) The term `application for a United States passport' 
     includes any document, photograph, or other piece of evidence 
     submitted in support of an application for a United States 
     passport.
       ``(2) The term `false statement or representation' includes 
     a personation or an omission.
       ``(3) The term `immigration document'--
       ``(A) means any application, petition, affidavit, 
     declaration, attestation, form, visa, identification card, 
     alien registration document, employment authorization 
     document, border crossing card, certificate, permit, order, 
     license, stamp, authorization, grant of authority, or other 
     official document, arising under or authorized by the 
     immigration laws of the United States; and
       ``(B) includes any document, photograph, or other piece of 
     evidence attached to or submitted in support of an 
     immigration document described in subparagraph (A).
       ``(4) The term `immigration laws' includes--
       ``(A) the laws described in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
       ``(B) the laws relating to the issuance and use of 
     passports; and
       ``(C) the regulations prescribed under the authority of any 
     law described in subparagraph (A) or (B).
       ``(5) A person does not exercise `lawful authority' if the 
     person abuses or improperly exercises lawful authority the 
     person otherwise holds.
       ``(6) The term `passport' means--
       ``(A) a travel document attesting to the identity and 
     nationality of the bearer that is issued under the authority 
     of the Secretary of State, a foreign government, or an 
     international organization; or
       ``(B) any instrument purporting to be a document described 
     in subparagraph (A).
       ``(7) The term `produce' means to make, prepare, assemble, 
     issue, print, authenticate, or alter.
       ``(8) The term `to present' means to offer or submit for 
     official processing, examination, or adjudication. Any such 
     presentation continues until the official processing, 
     examination, or adjudication is complete.
       ``(9) The `use' of a passport or an immigration document 
     referred to in section 1541(a), 1543(b), 1544, 1546(a), and 
     1546(b) of this chapter includes--
       ``(A) any officially authorized use;
       ``(B) use to travel;
       ``(C) use to demonstrate identity, residence, nationality, 
     citizenship, or immigration status;
       ``(D) use to seek or maintain employment; or
       ``(E) use in any matter within the jurisdiction of the 
     Federal government or of a State government.''.

     SEC. 619. CLERICAL AMENDMENT.

       The table of sections for chapter 75 of title 18, United 
     States Code, is amended to read as follows:
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Alternative imprisonment maximum for certain offenses.
``1548. Attempts and conspiracies.
``1549. Additional jurisdiction.
``1550. Authorized law enforcement activities.
``1551. Definitions.''.

                       Subtitle B--Other Reforms

     SEC. 621. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Pursuant to the authority under section 
     994 of title 28, United States Code, the United States 
     Sentencing Commission shall promulgate or amend the 
     sentencing guidelines, policy statements, and official 
     commentaries related to passport fraud offenses, including 
     the offenses described in chapter 75 of title 18, United 
     States Code, as amended by section 2, to reflect the serious 
     nature of such offenses.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the United States Sentencing 
     Commission shall submit to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives a report on the implementation of this 
     section.

     SEC. 622. RELEASE AND DETENTION PRIOR TO DISPOSITION.

       (a) Detention.--Section 3142(e) of title 18, United States 
     Code, is amended to read as follows:
       ``(e) Detention.--(1) If, after a hearing pursuant to the 
     provisions of subsection (f) of this section, the judicial 
     officer finds that no condition or combination of conditions 
     will reasonably assure the appearance of the person as 
     required and the safety of any other person and the 
     community, such judicial officer shall order the detention of 
     the person before trial.
       ``(2) In a case described in subsection (f)(1) of this 
     section, a rebuttable presumption arises that no condition or 
     combination of conditions will reasonably assure the safety 
     of any other person and the community if such judicial 
     officer finds that--
       ``(A) the person has been convicted of a Federal offense 
     that is described in subsection (f)(1) of this section, or of 
     a State or local offense that would have been an offense 
     described in subsection (f)(1) of this section if a 
     circumstance giving rise to Federal jurisdiction had existed;
       ``(B) the offense described in subparagraph (A) of this 
     paragraph was committed while the person was on release 
     pending trial for a Federal, State, or local offense; and
       ``(C) a period of not more than five years has elapsed 
     since the date of conviction, or the release of the person 
     from imprisonment, for the offense described in subparagraph 
     (A) of this paragraph, whichever is later.
       ``(3) Subject to rebuttal by the person, it shall be 
     presumed that no condition or combination of conditions will 
     reasonably assure the appearance of the person as required 
     and the safety of the community if the judicial officer finds 
     that there is probable cause to believe that the person 
     committed an offense for which a maximum term of imprisonment 
     of ten years or more is prescribed in the Controlled 
     Substances Act (21 U.S.C. 801 et seq.), the Controlled 
     Substances Import and Export Act (21 U.S.C. 951 et seq.), or 
     chapter 705 of title 46, an offense under section 924(c), 
     956(a), or 2332b of this title, or an offense listed in 
     section 2332b(g)(5)(B) of this title for which a maximum term 
     of imprisonment of 10 years or more is prescribed, or an 
     offense involving a minor victim under section 1201, 1591, 
     2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 
     2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 
     2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of 
     this title.
       ``(4) Subject to rebuttal by the person, it shall be 
     presumed that no condition or combination of conditions will 
     reasonably assure the appearance of the person as required if 
     the judicial officer finds that there is probable cause to 
     believe that the person--
       ``(A) is an alien; and
       ``(B)(i) has no lawful immigration status in the United 
     States;
       ``(ii) is the subject of a final order of removal; or
       ``(iii) has committed a felony offense under chapter 75 of 
     this title.''.
       (b) Factors to Be Considered.--Section 3142(g)(3) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following new subparagraph:
       ``(C) the person's immigration status; and''.

     SEC. 623. PROTECTION FOR LEGITIMATE REFUGEES AND ASYLUM 
                   SEEKERS.

       (a) Protection for Legitimate Refugees and Asylum 
     Seekers.--The Attorney General, in consultation with the 
     Secretary of Homeland Security, shall develop binding 
     prosecution guidelines for Federal prosecutors to ensure that 
     any prosecution of an alien seeking entry into the United 
     States by fraud is consistent with the United States treaty 
     obligations under Article 31(1) of the Convention Relating to 
     the Status of Refugees, done at Geneva July 28, 1951 (as made 
     applicable by the Protocol Relating to the Status of 
     Refugees, done at New York January 31, 1967 (19 UST 6223)).
       (b) No Private Right of Action.--The guidelines required by 
     subsection (a), and any internal office procedures adopted 
     pursuant thereto, are intended solely for the guidance of 
     attorneys for the United States. This section, such 
     guidelines, and the process for determining such guidelines 
     are not intended to, do not, and may not be relied upon to 
     create any right or benefit, substantive or procedural, 
     enforceable at law by any party in any administrative, civil, 
     or criminal matter

     SEC. 624. DIPLOMATIC SECURITY SERVICE.

       Section 37(a)(1) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as 
     follows:
       ``(1) conduct investigations concerning--
       ``(A) illegal passport or visa issuance or use;
       ``(B) identity theft or document fraud affecting or 
     relating to the programs, functions, and authorities of the 
     Department of State;
       ``(C) violations of chapter 77 of title 18, United States 
     Code; and
       ``(D) Federal offenses committed within the special 
     maritime and territorial jurisdiction defined in paragraph 
     (9) of section 7 of title 18, United States Code;''.

     SEC. 625. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN 
                   IMMIGRATION, PASSPORT, AND NATURALIZATION 
                   OFFENSES.

       (a) In General.--Section 3291 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3291. Immigration, passport, and naturalization 
       offenses

       ``No person shall be prosecuted, tried, or punished for a 
     violation of any section of

[[Page S9975]]

     chapters 69 (relating to nationality and citizenship 
     offenses) or 75 (relating to passport and visa offenses) of 
     this title, or for an attempt or conspiracy to violate any 
     such section, unless the indictment is returned or the 
     information is filed within ten years after the commission of 
     the offense.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     213 of title 18, United States Code, is amended by striking 
     the item relating to section 3291 and inserting the 
     following:
       ``3291. Immigration, passport, and naturalization 
           offenses''.
                                 ______
                                 
  SA 2438. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SHARED BORDER MANAGEMENT.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the Department of Homeland 
     Security's use of shared border management to secure the 
     international borders of the United States.
       (b) Report.--The Comptroller General shall submit a report 
     to Congress that describes--
       (1) any negotiations, plans, or designs conducted by 
     officials of the Department of Homeland Security regarding 
     the practice of shared border management; and
       (2) the factors required to be in place for shared border 
     management to be successful.
                                 ______
                                 
  SA 2439. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSPORTATION FACILITY ACCESS CONTROL PROGRAMS.

       The Secretary of Homeland Security shall work with 
     appropriate officials of Florida and of other States to 
     resolve the differences between the Transportation Worker 
     Identification Credential program administered by the 
     Transportation Security Administration and existing State 
     transportation facility access control programs.
                                 ______
                                 
  SA 2440. Mrs. McCASKILL (for herself, Mr. Obama, and Mr. Pryor) 
submitted an amendment intended to be proposed to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 5, line 20, before the period, insert the 
     following: ``: Provided, That the Inspector General shall 
     investigate decisions made regarding, and the policy of the 
     Federal Emergency Management Agency relating to, formaldehyde 
     in trailers in the Gulf Coast region and make recommendations 
     relating to that investigation, including recommendations on 
     any disciplinary or other personnel actions and 
     recommendations regarding any additional training necessary 
     for employees in the Office of General Counsel of the Federal 
     Emergency Management Agency to remedy institutionalized 
     biases that affect disaster victims, the feasability of, and 
     need for, developing a systematic process by which the 
     Federal Emergency Management Agency collects, reports, and 
     responds to occupants of housing supplied by the Federal 
     Emergency Management Agency (including such housing supplied 
     through a third party), and whether the Inspector General 
     should review complaints received by the Federal Emergency 
     Management Agency to facilitate early detection of problems 
     and effective mitigation and responsiveness: Provided 
     further, That the investigation under the previous proviso 
     shall include any other decision where the Inspector General 
     determines that the Office of General Counsel of the Federal 
     Emergency Management Agency prioritized insulating the 
     Federal Emergency Management Agency from possible legal 
     liability over public safety''.
       On page 35, line 15, before the period, insert the 
     following: ``: Provided further, That not later than 30 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall update training 
     practices for all customer service employees of the Federal 
     Emergency Management Agency and establish an appropriate 
     continuing education requirement for employees in the Office 
     of General Counsel of the Federal Emergency Management Agency 
     relating to addressing health concerns of disaster victims''.
       On page 40, line 24, before the period, insert the 
     following: ``: Provided further, That not later than 15 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     detailing the actions taken as of that date, and any actions 
     the Administrator will take, in response to the reports of 
     possible health impacts due to formaldehyde exposure in 
     certain trailers provided by the Federal Emergency Management 
     Agency, which shall include a description of any disciplinary 
     or other personnel actions taken in response to those 
     possible health impacts and a detailed policy for responding 
     to any reports of potential health hazards posed by any 
     materials provided by the Federal Emergency Management Agency 
     (including housing, food, water, or other materials): 
     Provided further, That the Administrator shall provide for 
     indoor air quality testing and root cause determination, 
     (including such testing and determination relating to 
     formaldehyde) of occupied and unoccupied trailers provided by 
     the Federal Emergency Management Agency, which shall be 
     reviewed or conducted by a third party with a proven record 
     of scientifically based environmental and epidemiological 
     testing: Provided further, That the Administrator shall work 
     with the heads of other appropriate Federal departments and 
     agencies (including components of the Department of Homeland 
     Security), impacted States, and disaster victims to make 
     available safe alternatives for living conditions based on 
     the results of the testing and determinations under the 
     previous proviso: Provided further, That the previous proviso 
     shall not be construed to limit the authority of the 
     Administrator to make accommodations for occupants requesting 
     relocation assistance due to potential health hazards in that 
     housing prior to receipt of such test results: Provided 
     further, That the Administrator and the Administrator of 
     General Services, in conjunction with the heads of other 
     appropriate Federal departments and agencies, including 
     components of the Department of Homeland Security, shall 
     develop a policy for surplus trailers to mitigate the health 
     impacts for potential occupants''.
                                 ______
                                 
  SA 2441. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:
       On page 69, after line 24, insert the following:
       Sec. 536.  Notwithstanding any other provision of law, the 
     Administrator of the Transportation Security Administration 
     shall continue to prohibit any butane lighters from being 
     taken into an airport sterile area or onboard an aircraft 
     until the Administrator provides to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report identifying all 
     anticipated security benefits and any possible 
     vulnerabilities associated with allowing butane lighters into 
     airport sterile areas and onboard commercial aircraft, 
     including supporting analysis justifying the conclusions 
     reached. The Comptroller General of the United States shall 
     report on its assessment of the report submitted by the 
     Transportation Security Administration within 180 days of the 
     date the report is submitted. The Administrator shall not 
     take action to allow butane lighters into an airport sterile 
     area or onboard commercial aircraft until at least 60 days 
     after the Comptroller General submits the Comptroller 
     General's assessment of the Transportation Security 
     Administration report.
                                 ______
                                 
  SA 2442. Mr. COBURN (for himself, Mr. DeMINT, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; 
which was ordered to lie on the table; as follows:
       At the appropriate place, insert the following:
       Sec. __. (a)(1)(A) None of the funds appropriated or 
     otherwise made available by this Act may be used to make any 
     payment in connection with a contract awarded through a 
     congressional initiative unless the contract is awarded using 
     competitive procedures in accordance with the requirements of 
     section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253), section 2304 of title 
     10, United States Code, and the Federal Acquisition 
     Regulation.
       (B) Except as provided in paragraph (3), none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to make any payment in connection with a contract 
     awarded through a congressional initiative unless more than 
     one bid is received for such contract.
       (2) Notwithstanding any other provision of this Act, none 
     of the funds appropriated or otherwise made available by this 
     Act may be awarded by grant or cooperative agreement through 
     a congressional initiative unless the process used to award 
     such grant or cooperative agreement uses competitive 
     procedures

[[Page S9976]]

     to select the grantee or award recipient. Except as provided 
     in paragraph (3), no such grant may be awarded unless 
     applications for such grant or cooperative agreement are 
     received from two or more applicants that are not from the 
     same organization and do not share any financial, fiduciary, 
     or other organizational relationship.
       (3)(A) If the Secretary of Homeland Security does not 
     receive more than one bid for a contract under paragraph 
     (1)(B) or does not receive more than one application from 
     unaffiliated applicants for a grant or cooperative agreement 
     under paragraph (2), the Secretary may waive such bid or 
     application requirement if the Secretary determines that the 
     contract, grant, or cooperative agreement is essential to the 
     mission of the Department of Homeland Security.
       (b)(1) Not later than December 31, 2008, the Secretary of 
     Homeland Security shall submit to Congress a report on 
     congressional initiatives for which amounts were appropriated 
     during fiscal year 2008.
       (2) The report submitted under paragraph (1) shall include 
     with respect to each contract and grant awarded through a 
     congressional initiative--
       (A) the name of the recipient of the funds awarded through 
     such contract or grant;
       (B) the reason or reasons such recipient was selected for 
     such contract or grant; and
       (C) the number of entities that competed for such contract 
     or grant.
       (3) The report submitted under paragraph (1) shall be made 
     publicly available through the Internet website of the 
     Department of Homeland Security.
       (c) In this section:
       (1) The term ``congressional initiative'' means a provision 
     of law or a directive contained within a committee report or 
     joint statement of managers of an appropriations Act that 
     specifies--
       (A) the identity of a person or entity selected to carry 
     out a project, including a defense system, for which funds 
     are appropriated or otherwise made available by that 
     provision of law or directive and that was not requested by 
     the President in a budget submitted to Congress; and
       (B) the amount of the funds appropriated or otherwise made 
     available for such project.
       (2) The term ``executive agency'' has the meaning given 
     such term in section 4 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403).
                                 ______
                                 
  SA 2443. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY 
                   VERIFICATION BASIC PILOT PROGRAM.

       (1) In general.--The Secretary of Homeland Security shall 
     improve the basic pilot program described in section 403(a) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) to--
       (A) respond to inquiries made by participating employers 
     through the Internet to help confirm an individual's identity 
     and determine whether the individual is authorized to be 
     employed in the United States;
       (B) electronically confirm the issuance of an employment 
     authorization or identity document to the individual who is 
     seeking employment, and to display the photograph that the 
     issuer placed on such document to allow an employer to verify 
     employment authorization or identity by comparing the 
     photograph displayed on the document presented by the 
     individual to the photograph transmitted by the Department of 
     Homeland Security;
       (C) maximize the reliability and ease of use of the basic 
     pilot program by employers, while insulating and protecting 
     the privacy and security of the underlying information;
       (D) respond accurately to all inquiries made by employers 
     on whether individuals are authorized to be employed in the 
     United States;
       (E) maintain appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       (F) allow for auditing the use of the system to detect 
     fraud and identify theft, and to preserve the security of the 
     information collected through the basic pilot program, 
     including--
       (i) the development and use of algorithms to detect 
     potential identity theft, such as multiple uses of the same 
     identifying information or documents;
       (ii) the development and use of algorithms to detect misuse 
     of the system by employers and employees;
       (iii) the development of capabilities to detect anomalies 
     in the use of the basic pilot program that may indicate 
     potential fraud or misuse of the program; and
       (iv) auditing documents and information submitted by 
     potential employees to employers, including authority to 
     conduct interviews with employers and employees.
       (2) Coordination with state governments.--If use of an 
     employer verification system is mandated by State or local 
     law, the Secretary of Homeland Security, in consultation with 
     appropriate State and local officials, shall--
       (A) ensure that State and local programs have sufficient 
     access to the Federal Government's Employment Eligibility 
     Verification System and ensure that such system has 
     sufficient capacity to--
       (i) register employers in States with employer verification 
     requirements;
       (ii) respond to inquiries by employers; and
       (iii) enter into memoranda of understanding with States to 
     ensure responses to clauses (i) and (ii); and
       (B) permit State law enforcement authorities to access data 
     maintained by the basic pilot program through a written or 
     electronic inquiry to the Chief Privacy Officer of the 
     Department of Homeland Security; and
       (C) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the basic pilot 
     program, including appropriate privacy and security training 
     for State employees.
       (3) Responsibilities of the social security 
     administration.--In order to prevent identity theft, protect 
     employees, and reduce the burden on employers, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security, shall--
       (A) review the Social Security Administration databases and 
     information technology to identify any deficiencies and 
     discrepancies related to name, birth date, citizenship 
     status, or death records of the social security accounts and 
     social security account holders that are likely to contribute 
     to fraudulent use of documents, identity theft, or affect the 
     proper functioning of the basic pilot program;
       (B) work to correct any errors identified under 
     subparagraph (A); and
       (C) work to ensure that a system for identifying and 
     promptly correcting such deficiencies and discrepancies is 
     adopted to ensure the accuracy of the Social Security 
     Administration's databases.
       (4) Rulemaking.--The Secretary is authorized, with notice 
     to the public provided in the Federal Register, to issue 
     regulations concerning operational and technical aspects of 
     the basic pilot program and the efficiency, accuracy, and 
     security of such program.
       (5) Authorization of appropriations.--There is authorized 
     to be appropriated $60,000,000 for fiscal year 2008 for the 
     expansion and base operations of the Employment Eligibility 
     Verification Basic Pilot Program.
                                 ______
                                 
  SA 2444. Mr. GRASSLEY (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds made available under this Act 
     may be expended until the Secretary of Homeland Security 
     certifies to Congress that all new hires by the Department of 
     Homeland Security are verified through the basic pilot 
     program authorized under section 401 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note).
       Sec. 537.  None of the funds made available under this Act 
     may be available to enter into a contract with a person, 
     employer, or other entity that does not participate in the 
     basic pilot program authorized under section 401 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1324a note).
                                 ______
                                 
  SA 2445. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table as follows:

       At the end, add the following:
       Sec. 536. (a) Report on Interagency Operational Centers for 
     Port Security.--Not later than 180 days after the date of the 
     enactment of this Act, the Commandant of the Coast Guard 
     shall submit to Congress a report on the implementation and 
     use of interagency operational centers for port security 
     under section 70107A of title 46, United States Code.
       (b) Elements.--The report required by subsection shall 
     include the following:
       (1) A detailed description of the progress made in 
     transitioning Project Seahawk in Charleston, South Carolina, 
     from the Department of Justice to the Coast Guard, including 
     all projects and equipment associated with that project.
       (2) A detailed description of that actions being taken to 
     assure the integrity of Project Seahawk and ensure there is 
     no loss in cooperation between the agencies specified in 
     section 70107A(b)(3) of title 46, United State Code.
       (3) A detailed description and explanation of any changes 
     in Project Seahawk as of the date of the report, including 
     any changes in Federal, State, or local staffing of that 
     project.
                                 ______
                                 
  SA 2446. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr.

[[Page S9977]]

Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 35, line 20, strike ``$3,030,500,000'' and insert 
     ``$3,080,500,000''.
       On page 36, line 22, strike ``$1,836,000,000'' and insert 
     ``$1,886,000,000''.
       On page 37, line 20, strike ``$400,000,000'' and insert 
     ``$450,000,000''.
       On page 37, line 24, insert ``, of which $50,000,000 shall 
     be available for Amtrak security upgrades, including 
     infrastructure protection, securing tunnels and stations, 
     hiring and training Amtrak police officers, deploying 
     additional canine units, operating and capital costs 
     associated with security awareness, preparedness, and 
     response, and other activities that enhance the security of 
     Amtrak infrastructure, employees, and passengers'' before the 
     semicolon at the end.
                                 ______
                                 
  SA 2447. Mr. SCHUMER (for himself, Mr. Lautenberg, Mrs. Clinton, and 
Mr. Menendez) submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 49, line 22, strike the period at the end and all 
     that follows through ``2010:'' on page 50, line 2, and insert 
     the following: ``, of which $10,000,000 shall be available to 
     support the implementation of the Securing the Cities 
     initiative at the level requested in the President's budget.

                         ``systems acquisition

       ``For expenses for the Domestic Nuclear Detection Office 
     acquisition and deployment of radiological detection systems 
     in accordance with the global nuclear detection architecture, 
     $182,000,000, to remain available until September 30, 2010, 
     of which $30,000,000 shall be available to support the 
     implementation of the Securing the Cities initiative at the 
     level requested in the President's budget:''.
                                 ______
                                 
  SA 2448. Mr. SCHUMER (for himself and Mrs. Hutchison) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. INCREASING THE DOMESTIC SUPPLY OF NURSES AND 
                   PHYSICAL THERAPISTS THROUGH THE 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 2449. Mrs. DOLE submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 39, line 21, insert ``, of which not less than 
     $75,000,000 shall be used for training, exercises, and 
     technical assistance consistent with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g))'' before 
     the semicolon at the end.

                                 ______
                                 
  SA 2450. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Carper, and Mr. 
Sanders) submitted an amendment intended to be proposed to amendment SA 
2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536.  The Administrator of the United States Fire 
     Administration may obligate and expend any unobligated funds 
     made available in fiscal year 2006 to the United States Fire 
     Administration to perform deferred annual maintenance at the 
     National Emergency Training Center in Emmitsburg, Maryland.
                                 ______
                                 
  SA 2451. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. GAO STUDY OF COST OF FENCING ON THE SOUTHERN BORDER.

       (a) Inquiry and Report Required.--The Comptroller of the 
     United States shall conduct a study examining--
       (1) the total amount of money that has been expended, as of 
     June 20, 2007, to construct 90 miles of fencing on the 
     southern border of the United States;
       (2) the average cost per mile of the 90 miles of fencing on 
     the southern border as of June 20, 2007;
       (3) the average cost per mile of the 370 miles of fencing 
     that the Department of Homeland Security is required to have 
     completed on the southern border by December 31, 2008, which 
     shall include $1,187,000,000 appropriated in fiscal year 2007 
     for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology'';
       (4) the total cost and average cost per mile to construct 
     the 700 linear miles (854 topographical miles) of fencing on 
     the southern border required to be constructed under section 
     102(b) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996, as amended by section 3 of the 
     Secure Fence Act of 2006 (Public Law 109-367);
       (5) the total cost and average cost per mile to construct 
     the fencing described in paragraph (4) if the double layer 
     fencing requirement were eliminated; and
       (6) the number of miles of single layer fencing, if fencing 
     were not accompanied by additional technology and 
     infrastructure such as cameras, sensors, and roads, which 
     could be built with the $1,187,000,000 appropriated in fiscal 
     year 2007 for ``border security fencing, technology, and 
     infrastructure'' and the $1,000,000,000 appropriated under 
     this Act under the heading ``Border Security Fencing, 
     Infrastructure, and Technology''.
       (b) Submission of Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit a report on the results of the study conducted 
     pursuant to subsection (a) to--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
                                 ______
                                 
  SA 2452. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 10, line 26, strike ``$1,000,000,000, to remain 
     available until expended: Provided ,'' and insert 
     ``$2,480,800,000, to remain available until expended, of 
     which $1,548,800,00 shall be designated as an emergency 
     requirement pursuant to section 204 of S. Con. Res. 21 (110th 
     Congress) and shall be used for the construction of 
     topographic mile 371 through linear mile 700 of the miles of 
     fence required by section 102(b) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996, as amended 
     by section 3 of the Secure Fence Act of 2006; Provided,''.
                                 ______
                                 
  SA 2453. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 10, line 26, strike ``$1,000,000,000, to remain 
     available until expended: Provided,'' and insert 
     ``$2,480,800,000, to remain available until expended: 
     Provided, that not less than $1,548,800,000 shall be used for 
     the construction of topographic mile 371 through linear mile 
     700 of the miles of fence required by section 102(b) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996, as amended by section 3 of the Secure Fence Act of 
     2006 (Public Law 109-367); Provided further,''.

       At the appropriate place, insert the following:

     SEC. __. OFFSETTING LANGUAGE.

       All discretionary amounts made available under this Act, 
     other than the amounts appropriated under the subheadings 
     related to funding of customs and border patrol salaries and 
     expenses, immigration and customs enforcement salaries and 
     expenses, United States Coast Guard salaries and expenses, 
     United States Visitor and Immigrant Status Indicator 
     Technology project, disaster relief,

[[Page S9978]]

     flood map modernization fund, national flood insurance fund, 
     national flood mitigation fund, national predisaster 
     mitigation fund, emergency food and shelter, and Federal law 
     enforcement training center salaries and expenses, shall be 
     reduced on a pro rata basis by $1,548,800,000.
                                 ______
                                 
  SA 2454. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 40, line 24, insert ``Provided further, That grants 
     provided under paragraph (3) may be used for State and local 
     expenses relating to the implementation of agreements between 
     the Department of Homeland Security and State and local 
     governments in accordance with section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)).'' before 
     the period at the end.
                                 ______
                                 
  SA 2455. Mr. SESSIONS (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT 
                   BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

       (a) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien who is unlawfully present or removable for the purpose 
     of assisting in the enforcement of the immigration laws of 
     the United States, including laws related to visa overstay, 
     in the normal course of carrying out the law enforcement 
     duties of such personnel. This State authority has never been 
     displaced or preempted by Federal law. This State authority 
     to detain or arrest shall not last longer than 72 hours 
     unless the Secretary of Homeland Security requests that the 
     State, or political subdivision of the State, continue to 
     detain or arrest the alien to facilitate transfer to Federal 
     custody. This State authority shall terminate if the State, 
     or political subdivision of the State, is directed by the 
     Secretary of Homeland Security to release the alien.
       (b) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

     SEC. 537. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Except as provided under paragraph (3)(C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice, and the head of the National Crime Information 
     Center shall input into the National Crime Information Center 
     Database, the information that the Secretary has or maintains 
     related to any alien--
       (A) against whom a final order of removal has been issued;
       (B) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (C) whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States or removable from the 
     United States; or
       (D) whose visa has been revoked.
       (2) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under paragraph (1) related to an 
     alien who is lawfully admitted to enter or lawfully permitted 
     to remain in the United States.
       (3) Procedure for removal of erroneous information.--
       (A) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under paragraph (1) related to such alien.
       (B) Effect of failure to receive notice.--Under procedures 
     developed under subparagraph (A), failure by the alien to 
     receive notice of a violation of the immigration laws shall 
     not constitute cause for removing information provided by the 
     Secretary under paragraph (1) related to such alien, unless 
     such information is erroneous.
       (C) Interim provision of information.--Notwithstanding the 
     180-day period set forth in paragraph (1), the Secretary may 
     not provide the information required under paragraph (1) 
     until the procedures required under this paragraph have been 
     developed and implemented.
       (b) Inclusion of Information in the National Crime 
     Information Center Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
                                 ______
                                 
  SA 2456. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 6, line 12, strike ``$6,601,058,000;'' and insert 
     ``$7,001,058,000, of which $400,000,000 shall remain 
     available until expended or until operational control of the 
     border is achieved in accordance with the Secure Fence Act of 
     2006 (Public Law 109-367) for Operation Jump Start in order 
     to maintain a significant durational force of the National 
     Guard on the southern land border of the United States to 
     assist the United States Border Patrol in gaining operational 
     control of that border;''.

       On page 69, after line 24, add the following:

     SEC. 536. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority to Provide Assistance.--Until operational 
     control of the border is achieved in accordance with the 
     Secure Fence Act of 2006 (Public Law 109-367), the Governor 
     of a State, upon the approval of the Secretary of Defense, 
     shall order any units or personnel of the National Guard of 
     such State--
       (1) to perform annual training duty under section 502(a) of 
     title 32, United States Code, to carry out in any State along 
     the southern land border of the United States the activities 
     authorized under subsection (b), for the purpose of securing 
     such border; and
       (2) to perform duties under section 502(f) of title 32, 
     United States Code, to provide command, control, and 
     continuity of support for units or personnel performing 
     annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized under 
     this subsection are any of the following:
       (1) Ground reconnaissance activities.
       (2) Airborne reconnaissance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Administrative support services.
       (6) Technical training services.
       (7) Emergency medical assistance and services.
       (8) Communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (12) Identification, interrogation, search, seizure, and 
     detention of any alien entering or attempting to enter the 
     United States in violation of any law or regulation regarding 
     the admission, exclusion, expulsion, or removal of aliens, 
     until the alien can be transferred into the custody of a 
     border patrol agent or a customs and border protection 
     officer.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between Governors of such States for 
     purposes of this section, and only with the approval of the 
     Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty. Individual periods of training duty shall not be 
     limited to 3 weeks per year.
       (f) Rules of Engagement.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     rules of engagement to be followed by units and personnel of 
     the National Guard

[[Page S9979]]

     tasked with authorized activities described in subsection 
     (b)(12). The rules of engagement for the National Guard shall 
     be equivalent to the rules of engagement for Border Patrol 
     agents.
       (g) Use of Force.--Nondeadly force may be used by National 
     Guard members stationed at the southern border in the 
     identification, interrogation, search, seizure, and detention 
     of any alien in accordance with subsection (b)(12).
       (h) Definitions.--In this section:
       (1) Governor of a state.--The term ``Governor of a State'' 
     means, in the case of the District of Columbia, the 
     Commanding General of the National Guard of the District of 
     Columbia.
       (2) Nondeadly force.--The term ``nondeadly force'' means 
     physical force or restraint that could not reasonably be 
     expected to result in, or be capable of, causing death or 
     serious bodily injury.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, and the Virgin Islands.
       (4) State along the southern boarder of the united 
     states.--The term ``State along the southern border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
       (i) Duration of Authority.--This section shall be effective 
     until operational control of the border is achieved in 
     accordance with the Secure Fence Act of 2006 (Public Law 109-
     367).
                                 ______
                                 
  SA 2457. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 6, line 12, strike ``$6,601,058,000;'' and insert 
     ``$7,001,058,000, of which $400,000,000 shall remain 
     available until expended or until operational control of the 
     border is achieved in accordance with the Secure Fence Act of 
     2006 (Public Law 109-367) for Operation Jump Start in order 
     to maintain a significant durational force of the National 
     Guard on the southern land border of the United States to 
     assist the United States Border Patrol in gaining operational 
     control of that border;''.
       On page 69, after line 24, add the following:

     SEC. 536. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority to Provide Assistance.--Until operational 
     control of the border is achieved in accordance with the 
     Secure Fence Act of 2006 (Public Law 109-367), the Governor 
     of a State, upon the approval of the Secretary of Defense, 
     may order any units or personnel of the National Guard of 
     such State--
       (1) to perform annual training duty under section 502(a) of 
     title 32, United States Code, to carry out in any State along 
     the southern land border of the United States the activities 
     authorized under subsection (b), for the purpose of securing 
     such border; and
       (2) to perform duties under section 502(f) of title 32, 
     United States Code, to provide command, control, and 
     continuity of support for units or personnel performing 
     annual training duty under paragraph (1).
       (b) Authorized Activities.--The activities authorized under 
     this subsection are any of the following:
       (1) Ground reconnaissance activities.
       (2) Airborne reconnaissance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Administrative support services.
       (6) Technical training services.
       (7) Emergency medical assistance and services.
       (8) Communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (12) Identification, interrogation, search, seizure, and 
     detention of any alien entering or attempting to enter the 
     United States in violation of any law or regulation regarding 
     the admission, exclusion, expulsion, or removal of aliens, 
     until the alien can be transferred into the custody of a 
     border patrol agent or a customs and border protection 
     officer.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between Governors of such States for 
     purposes of this section, and only with the approval of the 
     Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     performance of activities under this section by units and 
     personnel of the National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty. Individual periods of training duty shall not be 
     limited to 3 weeks per year.
       (f) Rules of Engagement.--The Secretary of Homeland 
     Security shall, in consultation with the Secretary of Defense 
     and the Governors of the States concerned, coordinate the 
     rules of engagement to be followed by units and personnel of 
     the National Guard tasked with authorized activities 
     described in subsection (b)(12). The rules of engagement for 
     the National Guard shall be equivalent to the rules of 
     engagement for Border Patrol agents.
       (g) Use of Force.--Nondeadly force may be used by National 
     Guard members stationed at the southern border in the 
     identification, interrogation, search, seizure, and detention 
     of any alien in accordance with subsection (b)(12).
       (h) Definitions.--In this section:
       (1) Governor of a state.--The term ``Governor of a State'' 
     means, in the case of the District of Columbia, the 
     Commanding General of the National Guard of the District of 
     Columbia.
       (2) Nondeadly force.--The term ``nondeadly force'' means 
     physical force or restraint that could not reasonably be 
     expected to result in, or be capable of, causing death or 
     serious bodily injury.
       (3) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, and the Virgin Islands.
       (4) State along the southern boarder of the united 
     states.--The term ``State along the southern border of the 
     United States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
       (i) Duration of Authority.--This section shall be effective 
     until operational control of the border is achieved in 
     accordance with the Secure Fence Act of 2006 (Public Law 109-
     367).
                                 ______
                                 
  SA 2458. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL ALIEN PROGRAM PILOT PROJECT.

       (a) In General.--The Secretary shall use funds appropriated 
     for the Criminal Alien Program of United States Immigration 
     and Customs Enforcement to implement a pilot project to 
     evaluate technology that can--
       (1) effectively analyze information on jail and prison 
     populations; and
       (2) automatically identify incarcerated illegal aliens in a 
     timely manner before their release from detention.
       (b) Minimum Requirements.--The pilot project implemented 
     under subsection (a) shall involve not fewer than 2 States 
     and shall provide for the daily collection of data from not 
     fewer than 15 jails or prisons.
       (c) Report.--Not later than July 1, 2008, the Secretary 
     shall submit a report to the Committee on Appropriations of 
     the Senate and the Committee on Appropriations of the House 
     of Representatives that describes--
       (1) the status of the pilot project implemented under 
     subsection (a);
       (2) the impact of the pilot project on illegal alien 
     management; and
       (3) the Secretary's plans to integrate the technology 
     evaluated under the pilot project into future enforcement 
     budgets and operating procedures.

     SEC. __. INCARCERATION OF CRIMINAL ALIENS.

       (a) Institutional Removal Program.--
       (1) Continuation.--The Secretary shall continue to operate 
     the Institutional Removal Program (referred to in this 
     section as the ``Program'') or shall develop and implement 
     another program to--
       (A) identify removable criminal aliens in Federal and State 
     correctional facilities;
       (B) ensure that such aliens are not released into the 
     community; and
       (C) remove such aliens from the United States after the 
     completion of their sentences.
       (2) Expansion.--The Secretary may extend the scope of the 
     Program to all States.
       (b) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State or political subdivision of a State may--
       (1) hold an illegal alien for a period not to exceed 14 
     days after the completion of the alien's State prison 
     sentence to effectuate the transfer of the alien to Federal 
     custody if the alien is removable or not lawfully present in 
     the United States; or
       (2) issue a detainer that would allow aliens who have 
     served a State prison sentence to be detained by the State 
     prison until authorized employees of United States 
     Immigration and Customs Enforcement can take the alien into 
     custody.
       (c) Technology Usage.--Technology, such as 
     videoconferencing, shall be used to the

[[Page S9980]]

     maximum extent practicable to make the Program available in 
     remote locations. Mobile access to Federal databases of 
     aliens, such as IDENT, and live scan technology shall be used 
     to the maximum extent practicable to make these resources 
     available to State and local law enforcement agencies in 
     remote locations.
       (d) Report to Congress.--Not later than 6 months after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary shall submit a report to Congress on the 
     participation of States in the Program and in any other 
     program authorized under subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 for fiscal year 2008 to carry 
     out the Institutional Removal Program.

     SEC. __. STRENGTHENING DEFINITION OF CONVICTION.

       Section 101(a)(48) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(48)) is amended by adding at the end the 
     following:
       ``(C) Any reversal, vacatur, expungement, or modification 
     of a conviction, sentence, or conviction record that was 
     granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, or was granted for 
     rehabilitative purposes, or for failure to advise the alien 
     of the immigration consequences of a guilty plea or a 
     determination of guilt, shall have no effect on the 
     immigration consequences resulting from the original 
     conviction. The alien shall have the burden of demonstrating 
     that any reversal, vacatur, expungement, or modification was 
     not granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, for rehabilitative purposes, 
     or for failure to advise the alien of the immigration 
     consequences of a guilty plea or a determination of guilt.''.
                                 ______
                                 
  SA 2459. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPANSION OF ZERO TOLERANCE POLICY TO PROSECUTE ALL 
                   ILLEGAL ALIENS WHO ILLEGALLY ENTER THE UNITED 
                   STATES ALONG THE SOUTHERN LAND BORDER IN THE 
                   TUCSON, ARIZONA OR SAN DIEGO, CALIFORNIA 
                   SECTOR.

       (a) In General.--The Secretary of the Homeland Security 
     shall work with the United States Attorney offices assigned 
     to the judicial district located in the Tucson, Arizona and 
     San Diego, California sectors along the southern land border 
     of the United States to implement a zero tolerance policy of 
     prosecuting all undocumented aliens attempting to enter the 
     United States along the southern land border in violation of 
     section 275 of the Immigration and Nationality Act (8 U.S.C. 
     1325). This policy was successfully implemented in the Del 
     Rio, Texas sector in a program known as Operation Streamline.
       (b) Requirement.--Until the zero tolerance program 
     described in subsection (a) is fully implemented, the 
     Secretary of Homeland Security shall refer all undocumented 
     aliens who are apprehended while attempting to enter the 
     United States in the Tucson, Arizona or San Diego, California 
     sector along the southern land border in violation of section 
     275 of such Act to the United States Attorneys offices 
     assigned to the judicial district located in such sectors. 
     Such offices shall provide a formal acceptance or declination 
     for prosecution of such undocumented aliens.
                                 ______
                                 
  SA 2460. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. GAO STUDY OF EFFECT OF AFFIDAVIT OF SUPPORT ON 
                   MEANS-TESTED PUBLIC BENEFITS.

       (a) Inquiry and Report Required.--The Comptroller General 
     of the United States shall conduct a study examining--
       (1) the number of immigrants with a sponsor who submitted 
     an Affidavit of Support (I-864) on the immigrant's behalf to 
     the Department of Homeland Security or the former Immigration 
     and Naturalization Service;
       (2) the number of immigrants described in paragraph (1) who 
     received Federal means-tested public benefits (except those 
     public benefits specified in section 403(c) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(c))) when the sponsor was obligated to 
     support the immigrant and the total dollar value of such 
     benefits;
       (3) the number of immigrants described in paragraph (1) who 
     received State means-tested public benefits (except those 
     public benefits specified in such section 403(c)) when the 
     sponsor was obligated to support the immigrant and the total 
     dollar value of such benefits;
       (4) the number of immigrants described in paragraph (1) who 
     received local means-tested public benefits (except those 
     public benefits specified in such section 403(c)) when the 
     sponsor was obligated to support the immigrant and the total 
     dollar value of such benefits;
       (5) the efforts taken by Federal, State, and local agencies 
     that provided means-tested public benefits described in 
     paragraph (2), (3), or (4) to immigrants to determine whether 
     such immigrants were covered by a sponsor's obligation as 
     contracted in an Affidavit of Support; and
       (6) the efforts taken by the Federal, State, and local 
     agencies described in paragraph (5) to obtain repayment from 
     the sponsors who were obligated to reimburse such agencies 
     for the benefits described in paragraph (2), (3), or (4) 
     received by sponsored immigrants.
       (b) Submission of Report.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General 
     shall submit a report containing the results of the study 
     conducted pursuant to subsection (a) to--
       (1) the Committee on Appropriations of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
                                 ______
                                 
  SA 2461. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 2, line 11, strike ``$100,000,000'' and insert 
     ``$94,000,000''.
       On page 18, line 2, strike ``$5,039,559,000'' and insert 
     ``$5,045,559,000''.
       On page 18, line 10, strike ``$964,445,000'' and insert 
     ``$970,445,000''.
       On page 18, line 20, strike ``$2,329,334,000'' and insert 
     ``$2,335,344,000''.
                                 ______
                                 
  SA 2462. Mrs. DOLE submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 16, line 1, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 2463. Mr. KERRY (for himself and Ms. Snowe) submitted an amendment 
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ------. TSA ACQUISITION MANAGEMENT POLICY.

       (a) In General.--Section 114 of title 49, United States 
     Code, is amended by striking subsection (o) and redesignating 
     subsections (p) through (t) as subsections (o) through (s), 
     respectively.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 2464. Mr. OBAMA submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 54, line 25, insert after ``in advance'' the 
     following: ``, and the Secretary posts on the Department's 
     website whether the grant or contract recipient has been the 
     subject of any civil, criminal, or administrative proceedings 
     initiated or concluded by the Federal Government or any State 
     government during the most recent five-year period''.
                                 ______
                                 
  SA 2465. Mr. DODD (for himself, Ms. Collins, and Mr. Bayh) submitted 
an amendment intended to be proposed to amendment SA 2383 proposed by 
Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536. (a) The amount appropriated by title III for 
     necessary expenses for programs authorized by the Federal 
     Fire Prevention and Control Act of 1974 under the heading 
     ``firefighter assistance grants'' is hereby

[[Page S9981]]

     increased by $5,000,000 for necessary expenses to carry out 
     the programs authorized under section 34 of that Act (15 
     U.S.C. 2229a).
       (b) The amount appropriated by title III under the heading 
     ``infrastructure protection and information security'' is 
     hereby reduced by $2,000,000.
       (c) The amount appropriated by title I under the heading 
     ``analysis and operations'' is hereby reduced by $3,000,000.
                                 ______
                                 
  SA 2466. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Domenici, 
Mrs. Feinstein, Mr. Cornyn, and Mrs. Boxer) submitted an amendment 
intended to be proposed by her to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVEMENT OF BARRIERS AT BORDER.

       Section 102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``Attorney General, in 
     consultation with the Commissioner of Immigration and 
     Naturalization,'' and inserting ``Secretary of Homeland 
     Security''; and
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``in the Border 
     Area'' and inserting ``Along the Border'';
       (B) by redesignating paragraphs (1), (2), (3), and (4) as 
     paragraphs (2), (3), (4), and (5), respectively;
       (C) in paragraph (2), as redesignated--
       (i) in the paragraph heading, by striking ``Security 
     features'' and inserting ``Additional fencing along southwest 
     border''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Interior, the Secretary of Agriculture, States, 
     local governments, Indian tribes, and property owners in the 
     United States to minimize the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

       ``(I) create any right of action for a State, local 
     government, or other person or entity affected by this 
     subsection; or
       ``(II) affect the eminent domain laws of the United States 
     or of any State.

       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary of Homeland Security to install fencing, physical 
     barriers, roads, lighting, cameras, and sensors in a 
     particular location along an international border of the 
     United States, if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain operational control over the 
     international border at such location.''; and
       (D) in paragraph (5), as redesignated, by striking ``to 
     carry out this subsection not to exceed $12,000,000'' and 
     inserting ``such sums as may be necessary to carry out this 
     subsection''.
                                 ______
                                 
  SA 2467. Mr. COBURN (for himself and Mr. Obama) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. DATA RELATING TO DECLARATIONS OF A MAJOR DISASTER.

       (a) In General.--Notwithstanding any other provision of 
     law, except as provided in subsection (b), and not later than 
     30 days after the date that the President determines whether 
     to declare a major disaster because of an event, the 
     Administrator shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives, and publish on the website of the Federal 
     Emergency Management Agency, a report regarding that 
     decision, which shall include all data used to determine 
     whether--
       (1) to declare a major disaster; or
       (2) a State will be eligible for assistance under title IV 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170 et seq.).
       (b) Exception.--The Administrator may redact from a report 
     under subsection (a) any data that the Administrator 
     determines would compromise national security.
       (c) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency; and
       (2) 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).
                                 ______
                                 
  SA 2468. Ms. LANDRIEU proposed an amendment to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       At the end, add the following:
       Sec. 536. (a) Policy of the United States.--It shall be the 
     policy of the United States Government that the foremost 
     objective of the United States in the Global War on Terror 
     and in protecting the United States Homeland is to capture or 
     kill Osama bin Laden, Ayman al-Zawahiri, and other members of 
     al Qaeda and to destroy the al Qaeda network.
       (b) Funding.--
       (1) Additional amount for counterterrorist operations.--
     There is hereby appropriated for the Central Intelligence 
     Agency, $25,000,000.
       (2) Emergency requiremen6t.--The amount appropriated by 
     paragraph (1) is hereby designated as an emergency 
     requirement pursuant to section 204 of S.Con.Res.21 (110th 
     Congress).
                                 ______
                                 
  SA 2469. Mr. COCHRAN (for himself and Mr. Lott) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 64, between lines 6 and 7, insert the following:
       (d) Notwithstanding section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c), projects relating to Hurricanes Katrina and Rita for 
     which the non-Federal share of assistance under that section 
     is funded by amounts appropriated to the Community 
     Development Fund under chapter 9 of title I of division B of 
     the Department of Defense, Emergency Supplemental 
     Appropriations to Address Hurricanes in the Gulf of Mexico, 
     and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 
     Stat. 2779) or chapter 9 of title II of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 472) shall not be subject to any precertification 
     requirements.
                                 ______
                                 
  SA 2470. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 7, insert after ``operations;'' the 
     following: of which $20,000,000 shall be utilized to develop 
     and implement a Model Ports of Entry program at the 20 United 
     States international airports with the greatest average 
     annual number of arriving foreign visitors to provide a more 
     efficient and welcoming international arrival process in 
     order to facilitate and promote business and leisure travel 
     to the United States, while also improving security;''
                                 ______
                                 
  SA 2471. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 7, insert after ``operations;'' the 
     following: ``of which such sums shall hire and deploy 200 
     additional CBP officers at domestic airports receiving 
     significant numbers of international passengers to alleviate 
     wait times at such airports;''
                                 ______
                                 
  SA 2472. Mrs. CLINTON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr.

[[Page S9982]]

Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of funds made available in this or any 
     other Act for fiscal year 2008 may be used to enforce section 
     4025(1) of Public Law 108-458 until the Assistant Secretary 
     (Transportation Security Administration) submits to the 
     Committee on Appropriations of the Senate, the Committee on 
     Appropriations of the House of Representatives, the Committee 
     on Homeland Security and Governmental Affairs of the Senate, 
     the Committee on Homeland Security of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report identifying all 
     anticipated security benefits and any possible 
     vulnerabilities associated with allowing butane lighters into 
     airport sterile areas and onboard commercial aircraft, 
     including analysis in support of the conclusions reached. The 
     Comptroller General of the United States shall report on the 
     Comptroller General's assessment of the report submitted by 
     the Transportation Security Administration to the Committees 
     within 180 days of its submission. The Assistant Secretary 
     (Transportation Security Administration) shall not take any 
     action to allow butane lighters into airport sterile areas or 
     onboard commercial aircraft until at least 60 days after the 
     Comptroller General submits the Comptroller General's 
     assessment of the Transportation Security Administration 
     report.
                                 ______
                                 
  SA 2473. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Casey) submitted 
an amendment intended to be proposed to amendment SA 2383 proposed by 
Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $2 million or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that the contractor or grantee owes no past 
     due Federal tax liability or that the contractor or grantee 
     has entered into an installment agreement or other plan 
     approved by the Internal Revenue Service to repay any 
     outstanding past due Federal tax liability. For purposes of 
     the preceding sentence, the certification requirement of part 
     52.209-5 of the Federal Acquisition Regulation shall also 
     include a requirement for a certification by a prospective 
     contractor of whether, within the three-year period preceding 
     the offer for the contract, the prospective contractor--
       (1) has or has not been convicted of or had a civil 
     judgment or other judicial determination rendered against the 
     contractor for violating any tax law or failing to pay any 
     tax;
       (2) has or has not been notified of any delinquent taxes 
     for which the liability remains unsatisfied; or
       (3) has or has not received a notice of a tax lien filed 
     against the contractor for which the liability remains 
     unsatisfied or for which the lien has not been released.
                                 ______
                                 
  SA 2474. Mrs. CLINTON (for herself, Mr. Kennedy, Mr. Schumer, Mr. 
Lautenberg, Mr. Akaka, Mr. Lieberman, Mr. Kerry, Ms. Collins, Ms. 
Mikulski, Mr. Cardin, and Mr. Menendez) submitted an amendment intended 
to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself 
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 17, line 6, before the period, insert the 
     following: ``: Provided further, the Secretary of Homeland 
     Security shall ensure that the workforce of the Federal 
     Protective Service includes not fewer than 1,200 Commanders, 
     Police Officers, Inspectors, and Special Agents engaged on a 
     daily basis in protecting Federal buildings (under this 
     heading referred to as `in-service'): Provided further, That 
     the Secretary of Homeland Security and the Director of the 
     Office of Management and Budget shall adjust fees as 
     necessary to ensure full funding of not fewer than 1,200 in-
     service Commanders, Police Officers, Inspectors, and Special 
     Agents at the Federal Protective Service''.
                                 ______
                                 
  SA 2475. Mr. STEVENS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 7, line 7, insert after ``operations;'' the 
     following: ``of which $20,000,000 shall be utilized to 
     develop and implement a Model Ports of Entry program at the 
     20 United States international airports that have the highest 
     number of foreign visitors arriving annually as determined 
     pursuant to the most recent data collected by the United 
     States Customs and Border Protection available on the date of 
     enactment of this Act, to provide a more efficient and 
     welcoming international arrival process in order to 
     facilitate and promote business and leisure travel to the 
     United States, while also improving security;''
                                 ______
                                 
  SA 2476. Mr. COCHRAN (for Mr. Grassley) proposed an amendment to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, after line 24, add the following:

     SEC. 536. CHEMICAL FACILITY ANTITERRORISM STANDARDS.

       (a) In General.--Except as provided in subsection (b), none 
     of the funds in this Act may be used to enforce the interim 
     final regulations relating to stored quantities of propane 
     issued under section 550(a) of the Department of Homeland 
     Security Appropriations Act, 2007 (6 U.S.C. 121 note), 
     including the regulations relating to stored quantities of 
     propane in an amount more than 7,500 pounds under Appendix A 
     to part 27 of title 6, Code of Federal Regulations, until the 
     Secretary of Homeland Security amends such regulations to 
     provide an exemption for agricultural producers, rural 
     homesteads, and small business concerns (as that term is 
     defined in section 3 of the Small Business Act (15 U.S.C. 
     632)) that store propane in an amount more than 7,500 pounds 
     and not more than 100,800 pounds.
       (b) Exceptions.--
       (1) Immediate or imminent threat.--Subsection (a) shall not 
     apply if the Secretary of Homeland Security submits a report 
     to Congress outlining an immediate or imminent threat against 
     such stored quantities of propane in rural locations.
       (2) Quantity.--Subsection (a) shall not apply to any action 
     by the Secretary of Homeland Security to enforce the interim 
     final regulations described in that subsection relating to 
     stored quantities of propane, if the stored quantity of 
     propane is more than 100,800 pounds.
       (c) Rule of Construction.--Except with respect to stored 
     quantities of propane, nothing in this section may be 
     construed to limit the application of the interim final 
     regulations issued under section 550(a) of the Department of 
     Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 
     note).

                          ____________________