[Congressional Record Volume 153, Number 143 (Tuesday, September 25, 2007)]
[Senate]
[Pages S12068-S12075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3033. Mr. Demint submitted an amendment intended to be proposed to 
amendment SA 2237 submitted by Mr. Durbin (for himself, Mr. Hagel, Mr. 
Lugar, Mr. Leahy, Mr. Obama, Mr. Lieberman, Mrs. Feinstein, Mr. Kerry, 
Mr. Feingold, Mrs. Clinton, Mr. Bayh, Mr. Menendez, Mrs. Murray, Mrs. 
Boxer, Ms. Cantwell, Mr. Salazar, and Mr. Dodd) and intended to be 
proposed to the bill H.R. 1585, to authorize appropriations for fiscal 
year 2008 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 19, after line 3, add the following:

     SEC. 3313. EFFECTIVE DATE TRIGGERS.

       (a) In General.--This title shall take effect on the date 
     on which the Secretary of Homeland Security submits a written 
     certification to the President and Congress, based on 
     analysis by and in consultation with the Comptroller General, 
     that each of the following border security and other measures 
     are established, funded, and operational:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security has established 
     and demonstrated 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 Commissioner 
     of United States Customs and Border Protection Border Patrol 
     has hired, trained, and reporting for duty 20,000 full-time 
     agents as of the date of the certification under this 
     subsection.
       (3) Strong border barriers.--There have been--
       (A) installed along the international land border between 
     the United States and Mexico as of the date of the 
     certification under this subsection, at least--
       (i) 300 miles of vehicle barriers;
       (ii) 370 miles of fencing; and

[[Page S12069]]

       (iii) 105 ground-based radar and camera towers; and
       (B) deployed for use along the along the international land 
     border between the United States and Mexico, as of the date 
     of the certification under this subsection, 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     is detaining 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 has the resources to maintain this practice, 
     including the resources necessary to detain up to 31,500 
     aliens per day on an annual basis.
       (5) Workplace enforcement tools.--The Secretary of Homeland 
     Security has established, and is using, secure and effective 
     identification tools to prevent unauthorized workers from 
     obtaining employment in the United States. Such 
     identification tools shall include establishing--
       (A) strict standards for identification documents that are 
     required to be presented by the alien to an employer in the 
     hiring process, including the use of secure documentation 
     that--
       (i) contains--

       (I) a photograph of the alien; and
       (II) biometric data identifying the alien; or

       (ii) complies with the requirements for such documentation 
     under the REAL ID Act of 2005 (division B of Public Law 109-
     13); and
       (B) an electronic employment eligibility verification 
     system that is capable of querying Federal and State 
     databases in order to restrict fraud, identity theft, and use 
     of false social security numbers in the hiring of aliens by 
     an employer by electronically providing a digitized version 
     of the photograph on the alien's original Federal or State 
     issued document or documents for verification of that alien's 
     identity and work eligibility.
       (b) Sense of Congress.--It is the sense of Congress that 
     the border security and other measures described in 
     subsection (a) should be completed as soon as practicable, 
     subject to the necessary appropriations.
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     the 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 that describes--
       (A) the progress made in funding, meeting, or otherwise 
     satisfying each of the requirements described in subsection 
     (a); and
       (B) 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 report 
     required under paragraph (1) shall contain specific funding 
     recommendations, authorization needed, or other actions that 
     are or should be undertaken by the Secretary of Homeland 
     Security.
       (d) GAO Report.--Not later than 30 days after the 
     certification is submitted under subsection (a), the 
     Comptroller General shall submit a report to Congress on the 
     accuracy of such certification.
       (e) Certification of Implementation of Existing Provisions 
     of Law.--
       (1) In general.--In addition to the requirements under 
     subsection (a), at such time as any of the provisions 
     described in paragraph (2) have been satisfied, the Secretary 
     of the department or agency responsible for implementing such 
     requirements shall certify to the President that the 
     provisions of paragraph (2) have been satisfied.
       (2) Existing law.--A certification may not be made under 
     paragraph (1) unless the following provisions of existing law 
     have been fully implemented, as directed by the Congress:
       (A) The Department of Homeland Security has achieved and 
     maintained operational control over the entire international 
     land and maritime borders of the United States as required 
     under the Secure Fence Act of 2006 (Public Law 109-367).
       (B) The total miles of fence required under the Secure 
     Fence Act of 2006 have been constructed.
       (C) All databases maintained by the Department of Homeland 
     Security that contain information on aliens are fully 
     integrated as required by section 202 of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
       (D) The Secretary of Homeland Security has implemented a 
     system to record the departure of every alien departing the 
     United States and of matching records of departure with the 
     records of arrivals in the United States through the US-VISIT 
     program as required by section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1221 note).
       (E) The provision of law that prevents States and 
     localities from adopting ``sanctuary'' policies or that 
     prevents State and local employees from communicating with 
     the Department of Homeland Security are being fully enforced 
     as required by section 642 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373).
       (F) The Department of Homeland Security maintains fully 
     operational equipment at each port of entry and uses such 
     equipment in a manner that allows unique biometric 
     identifiers to be compared and visas, travel documents, 
     passports, and other documents authenticated in accordance 
     with section 303 of the Enhanced Border Security and Visa 
     Entry Reform Act of 2002 (8 U.S.C. 1732).
       (G) An alien with a border crossing card cannot enter the 
     United States until the biometric identifier on the border 
     crossing card is matched against the alien in accordance with 
     section 101(a)(6) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(6)).
       (H) Any alien who is likely to become a public charge is 
     denied entry into the United States pursuant to section 
     212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(4)).
       (f) Presidential Review of Certifications.--
       (1) In general.--Not later than 60 days after the President 
     has received a certification under subsection (e), the 
     President may approve or disapprove the certification. Any 
     Presidential disapproval of a certification shall be made if 
     the President believes that the relevant requirements set 
     forth in subsection (e) have not been met.
       (2) Disapproval.--If the President disapproves a 
     certification, the President shall provide the Secretary of 
     the department or agency that made such certification with a 
     notice that contains a description of the manner in which the 
     requirement was not met. The Secretary of the department or 
     agency responsible for implementing such requirement shall 
     continue to work to implement such requirement.
       (3) Continuation of implementation.--The Secretary of the 
     department or agency responsible for implementing a 
     requirement described in subsection (e) shall consider a 
     certification submitted under subsection (e) to be approved 
     unless the Secretary receives the notice set forth in 
     paragraph (2). If a certification is deemed approved, the 
     Secretary of Homeland Security shall continue to ensure that 
     the requirement continues to be fully implemented as directed 
     by Congress.
       (g) Presidential Certification of Immigration 
     Enforcement.--
       (1) In general.--Not later than 90 days after the final 
     certification has been approved by the President, the 
     President shall submit to the Congress a notice of 
     Presidential Certification of Immigration Enforcement.
       (2) Report.--The certification required under paragraph (1) 
     shall be submitted with an accompanying report that details 
     such information as is necessary for the Congress to make an 
     independent determination that each of the immigration 
     enforcement measures has been fully and properly implemented.
       (3) Contents.--The Presidential Certification required 
     under paragraph (1) shall be submitted--
       (A) to the Majority Leader, the Minority Leader, and the 
     chairman and ranking member of the Committee on the 
     Judiciary, the Committee on Homeland Security and Government 
     Affairs, and the Committee on Finance of the Senate; and
       (B) to the Speaker, the Majority Leader, the Minority 
     Leader, and the chairman and ranking member of the Committee 
     on the Judiciary, the Committee on Homeland Security, and the 
     Committee on Ways and Means of the House of Representatives.
       (h) Congressional Review of Presidential Certification.--
       (1) In general.--If a Presidential Certification of 
     Immigration Enforcement is made by the President under this 
     section, this title shall not be implemented unless, during 
     the first 90-calendar day period of continuous session of the 
     Congress after the date of the receipt by the Congress of 
     such notice of Presidential Certification of Immigration 
     Enforcement, Congress passes a Resolution of Presidential 
     Certification of Immigration Enforcement in accordance with 
     this subsection, and such resolution is enacted into law.
       (2) Procedures applicable to the senate.--
       (A) Rulemaking authority.--The provisions under this 
     paragraph are enacted by Congress--
       (i) as an exercise of the rulemaking power of the Senate, 
     and as such they are deemed a part of the rules of the 
     Senate, but applicable only with respect to the procedure to 
     be followed in the Senate in the case of a Resolution of 
     Immigration Enforcement, and such provisions supersede other 
     rules of the Senate only to the extent that they are 
     inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the Senate to change the rules (so far as relating to the 
     procedure of the Senate) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     Senate.
       (B) Introduction; referral.--
       (i) In general.--Not later than the first day on which the 
     Senate is in session following the day on which any notice of 
     Presidential Certification of Immigration Enforcement is 
     received by the Congress, a Resolution of Presidential 
     Certification of Immigration Enforcement shall be introduced 
     (by request) in the Senate by either the Majority Leader or 
     Minority Leader. If such resolution is not introduced as 
     provided in the preceding sentence, any Senator may introduce 
     such resolution on the third day on which the Senate is in 
     session after the date or receipt of the Presidential 
     Certification of Immigration Enforcement.
       (ii) Referral.--Upon introduction, a Resolution of 
     Presidential Certification of Immigration Enforcement shall 
     be referred jointly

[[Page S12070]]

     to each of the committees having jurisdiction over the 
     subject matter referenced in the Presidential Certification 
     of Immigration Enforcement by the President of the Senate. 
     Upon the expiration of 60 days of continuous session after 
     the introduction of the Resolution of Presidential 
     Certification of Immigration Enforcement, each committee to 
     which such resolution was referred shall make its 
     recommendations to the Senate.
       (iii) Discharge.--If any committee to which is referred a 
     resolution introduced under paragraph (2)(A) has not reported 
     such resolution at the end of 60 days of continuous session 
     of the Congress after introduction of such resolution, such 
     committee shall be discharged from further consideration of 
     such resolution, and such resolution shall be placed on the 
     legislative calendar of the Senate.
       (C) Consideration.--
       (i) In general.--When each committee to which a resolution 
     has been referred has reported, or has been discharged from 
     further consideration of, a resolution described in paragraph 
     (2)(C), it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any Member of the Senate to move to proceed 
     to the consideration of such resolution. Such motion shall 
     not be debatable. If a motion to proceed to the consideration 
     of such resolution is agreed to, such resolution shall remain 
     the unfinished business of the Senate until the disposition 
     of such resolution.
       (ii) Debate.--Debate on a resolution, and on all debatable 
     motions and appeals in connection with such resolution, shall 
     be limited to not more than 30 hours, which shall be divided 
     equally between Members favoring and Members opposing such 
     resolution. A motion to further limit debate shall be in 
     order and shall not be debatable. The resolution shall not be 
     subject to amendment, to a motion to postpone, or to a motion 
     to proceed to the consideration of other business. A motion 
     to recommit such resolution shall not be in order.
       (iii) Final vote.--Immediately following the conclusion of 
     the debate on a resolution of approval, and a single quorum 
     call at the conclusion of such debate if requested in 
     accordance with the rules of the Senate, the vote on such 
     resolution shall occur.
       (iv) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate to the 
     procedure relating to a resolution of approval shall be 
     limited to 1 hour of debate.
       (D) Receipt of a resolution from the house.--If the Senate 
     receives from the House of Representatives a Resolution of 
     Presidential Certification of Immigration Enforcement, the 
     following procedures shall apply:
       (i) The resolution of the House of Representatives shall 
     not be referred to a committee and shall be placed on the 
     Senate calendar, except that it shall not be in order to 
     consider such resolution on the calendar received by the 
     House of Representatives until such time as the Committee 
     reports such resolution or is discharged from further 
     consideration of a resolution, pursuant to this title.
       (ii) With respect to the disposition by the Senate with 
     respect to such resolution, on any vote on final passage of a 
     resolution of the Senate with respect to such approval, a 
     resolution from the House of Representatives with respect to 
     such measures shall be automatically substituted for the 
     resolution of the Senate.
       (3) Procedures applicable to the house of 
     representatives.--
       (A) Rulemaking authority.--The provisions of this paragraph 
     are enacted by Congress--
       (i) as an exercise of the rulemaking power of the House of 
     Representatives, and as such they are deemed a part of the 
     rules of the House of Representatives, but applicable only 
     with respect to the procedure to be followed in the House of 
     Representatives in the case of Resolutions of Certification 
     Immigration Enforcement, and such provisions supersede other 
     rules of the House of Representatives only to the extent that 
     they are inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the House of Representatives to change the rules (so far as 
     relating to the procedure of the House of Representatives) at 
     any time, in the same manner, and to the same extent as in 
     the case of any other rule of the House of Representatives.
       (B) Introduction; referral.--Resolutions of certification 
     shall upon introduction, be immediately referred by the 
     Speaker of the House of Representatives to the appropriate 
     committee or committees of the House of Representatives. Any 
     such resolution received from the Senate shall be held at the 
     Speaker's table.
       (C) Discharge.--Upon the expiration of 60 days of 
     continuous session after the introduction of the first 
     resolution of certification with respect to any measure, each 
     committee to which such resolution was referred shall be 
     discharged from further consideration of such resolution, and 
     such resolution shall be referred to the appropriate 
     calendar, unless such resolution or an identical resolution 
     was previously reported by each committee to which it was 
     referred.
       (D) Consideration.--It shall be in order for the Speaker to 
     recognize a Member favoring a resolution to call up a 
     resolution of certification after it has been on the 
     appropriate calendar for 5 legislative days. When any such 
     resolution is called up, the House of Representatives shall 
     proceed to its immediate consideration and the Speaker shall 
     recognize the Member calling up such resolution and a Member 
     opposed to such resolution for 10 hours of debate in the 
     House of Representatives, to be equally divided and 
     controlled by such Members. When such time has expired, the 
     previous question shall be considered as ordered on the 
     resolution to adoption without intervening motion. No 
     amendment to any such resolution shall be in order, nor shall 
     it be in order to move to reconsider the vote by which such 
     resolution is agreed to or disagreed to.
       (E) Receipt of resolution from senate.--If the House of 
     Representatives receives from the Senate a Resolution of 
     Certification Immigration Enforcement, the following 
     procedures shall apply:
       (i) Such resolution shall not be referred to a committee.
       (ii) With respect to the disposition of the House of 
     Representatives with respect to such resolution--

       (I) the procedure with respect to that or other resolutions 
     of the House of Representatives shall be the same as if no 
     resolution from the Senate with respect to such resolution 
     had been received; but
       (II) on any vote on final passage of a resolution of the 
     House of Representatives with respect to such measures, a 
     resolution from the Senate with respect to such resolution if 
     the text is identical shall be automatically substituted for 
     the resolution of the House of Representatives.

       (i) Definitions.--In this section:
       (1) Presidential certification of immigration 
     enforcement.--The term ``Presidential Certification of 
     Immigration Enforcement'' means the certification required 
     under this section, which is signed by the President, and 
     reads as follows:

     ``Pursuant to the provisions set forth in section 3313 of the 
     National Defense Authorization Act for Fiscal Year 2008 (the 
     `Act'), I do hereby transmit the Certification of Immigration 
     Enforcement, certify that the borders of the United States 
     are substantially secure, and certify that the following 
     provisions of the Act have been fully satisfied, the measures 
     set forth below are fully implemented, and the border 
     security measures set forth in this section are fully 
     operational.''.
       (2) Certification.--The term ``certification'' means any of 
     the certifications required under subsection (a).
       (3) Immigration enforcement measure.--The term 
     ``immigration enforcement measure'' means any of the measures 
     required to be certified pursuant to subsection (a).
       (4) Resolution of presidential certification of immigration 
     enforcement.--The term ``Resolution of Presidential 
     Certification of Immigration Enforcement'' means a joint 
     resolution of the Congress, the matter after the resolving 
     clause of which is as follows:

     ``That Congress approves the certification of the President 
     of the United States submitted to Congress on ____ that the 
     national borders of the United States have been secured in 
     accordance with the provisions set forth in section 3313 of 
     the National Defense Authorization Act for Fiscal Year 
     2008.''.
                                 ______
                                 
  SA 3034. Mr. GREGG submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

         At the end of subtitle E of title X, add the following:

     SEC. 1070. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Limitation on Change of Custody.--If a motion for 
     change of custody of a child of a servicemember is filed 
     while the servicemember is deployed in support of a 
     contingency operation, no court may enter an order modifying 
     or amending any previous judgment or order, or issue a new 
     order, that changes the custody arrangement for that child 
     that existed as of the date of the deployment of the 
     servicemember, except--
       ``(1) with the express written consent of the servicemember 
     to such change; or
       ``(2) that a court may enter a temporary custody order if 
     there is clear and convincing evidence that it is in the best 
     interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered 
     by subsection (a)(2), a court shall require that, upon the 
     return of the servicemember from deployment in support of a 
     contingency operation, the custody order that was in effect 
     immediately preceding the date of the deployment of the 
     servicemember is reinstated.

[[Page S12071]]

       ``(c) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion for the change of custody 
     of the child of a servicemember who was deployed in support 
     of a contingency operation is filed after the end of the 
     deployment, no court may consider the absence of the 
     servicemember by reason of that deployment in determining the 
     best interest of the child.
       ``(d) Contingency Operation Defined.--In this section, the 
     term `contingency operation' has the meaning given that term 
     in section 101(a)(13) of title 10, United States Code, except 
     that the term may include such other deployments as the 
     Secretary may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:
       ``Sec. 208. Child custody protection.''.
                                 ______
                                 
  SA 3035. Mr. REID (for Mr. Kennedy (for himself and Mr. Smith)) 
proposed an amendment to the bill H.R. 1585, to authorize 
appropriations for fiscal year 2008 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

       In lieu of the matter proposed to be stricken insert the 
     following:

     SEC. 1070. HATE CRIMES.

       (a) Short Title.--This section may be cited as the 
     ``Matthew Shepard Local Law Enforcement Hate Crimes 
     Prevention Act of 2007''.
       (b) Findings.--Congress makes the following findings:
       (1) The incidence of violence motivated by the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim poses a serious national problem.
       (2) Such violence disrupts the tranquility and safety of 
     communities and is deeply divisive.
       (3) State and local authorities are now and will continue 
     to be responsible for prosecuting the overwhelming majority 
     of violent crimes in the United States, including violent 
     crimes motivated by bias. These authorities can carry out 
     their responsibilities more effectively with greater Federal 
     assistance.
       (4) Existing Federal law is inadequate to address this 
     problem.
       (5) A prominent characteristic of a violent crime motivated 
     by bias is that it devastates not just the actual victim and 
     the family and friends of the victim, but frequently savages 
     the community sharing the traits that caused the victim to be 
     selected.
       (6) Such violence substantially affects interstate commerce 
     in many ways, including the following:
       (A) The movement of members of targeted groups is impeded, 
     and members of such groups are forced to move across State 
     lines to escape the incidence or risk of such violence.
       (B) Members of targeted groups are prevented from 
     purchasing goods and services, obtaining or sustaining 
     employment, or participating in other commercial activity.
       (C) Perpetrators cross State lines to commit such violence.
       (D) Channels, facilities, and instrumentalities of 
     interstate commerce are used to facilitate the commission of 
     such violence.
       (E) Such violence is committed using articles that have 
     traveled in interstate commerce.
       (7) For generations, the institutions of slavery and 
     involuntary servitude were defined by the race, color, and 
     ancestry of those held in bondage. Slavery and involuntary 
     servitude were enforced, both prior to and after the adoption 
     of the 13th amendment to the Constitution of the United 
     States, through widespread public and private violence 
     directed at persons because of their race, color, or 
     ancestry, or perceived race, color, or ancestry. Accordingly, 
     eliminating racially motivated violence is an important means 
     of eliminating, to the extent possible, the badges, 
     incidents, and relics of slavery and involuntary servitude.
       (8) Both at the time when the 13th, 14th, and 15th 
     amendments to the Constitution of the United States were 
     adopted, and continuing to date, members of certain religious 
     and national origin groups were and are perceived to be 
     distinct ``races''. Thus, in order to eliminate, to the 
     extent possible, the badges, incidents, and relics of 
     slavery, it is necessary to prohibit assaults on the basis of 
     real or perceived religions or national origins, at least to 
     the extent such religions or national origins were regarded 
     as races at the time of the adoption of the 13th, 14th, and 
     15th amendments to the Constitution of the United States.
       (9) Federal jurisdiction over certain violent crimes 
     motivated by bias enables Federal, State, and local 
     authorities to work together as partners in the investigation 
     and prosecution of such crimes.
       (10) The problem of crimes motivated by bias is 
     sufficiently serious, widespread, and interstate in nature as 
     to warrant Federal assistance to States, local jurisdictions, 
     and Indian tribes.
       (c) Definition of Hate Crime.--In this section--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16, title 18, United States Code;
       (2) the term ``hate crime'' has the meaning given such term 
     in section 280003(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (28 U.S.C. 994 note); and
       (3) the term ``local'' means a county, city, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State.
       (d) Support for Criminal Investigations and Prosecutions by 
     State, Local, and Tribal Law Enforcement Officials.--
       (1) Assistance other than financial assistance.--
       (A) In general.--At the request of State, local, or Tribal 
     law enforcement agency, the Attorney General may provide 
     technical, forensic, prosecutorial, or any other form of 
     assistance in the criminal investigation or prosecution of 
     any crime that--
       (i) constitutes a crime of violence;
       (ii) constitutes a felony under the State, local, or Tribal 
     laws; and
       (iii) is motivated by prejudice based on the actual or 
     perceived race, color, religion, national origin, gender, 
     sexual orientation, gender identity, or disability of the 
     victim, or is a violation of the State, local, or Tribal hate 
     crime laws.
       (B) Priority.--In providing assistance under subparagraph 
     (A), the Attorney General shall give priority to crimes 
     committed by offenders who have committed crimes in more than 
     one State and to rural jurisdictions that have difficulty 
     covering the extraordinary expenses relating to the 
     investigation or prosecution of the crime.
       (2) Grants.--
       (A) In general.--The Attorney General may award grants to 
     State, local, and Indian law enforcement agencies for 
     extraordinary expenses associated with the investigation and 
     prosecution of hate crimes.
       (B) Office of justice programs.--In implementing the grant 
     program under this paragraph, the Office of Justice Programs 
     shall work closely with grantees to ensure that the concerns 
     and needs of all affected parties, including community groups 
     and schools, colleges, and universities, are addressed 
     through the local infrastructure developed under the grants.
       (C) Application.--
       (i) In general.--Each State, local, and Indian law 
     enforcement agency that desires a grant under this paragraph 
     shall submit an application to the Attorney General at such 
     time, in such manner, and accompanied by or containing such 
     information as the Attorney General shall reasonably require.
       (ii) Date for submission.--Applications submitted pursuant 
     to clause (i) shall be submitted during the 60-day period 
     beginning on a date that the Attorney General shall 
     prescribe.
       (iii) Requirements.--A State, local, and Indian law 
     enforcement agency applying for a grant under this paragraph 
     shall--

       (I) describe the extraordinary purposes for which the grant 
     is needed;
       (II) certify that the State, local government, or Indian 
     tribe lacks the resources necessary to investigate or 
     prosecute the hate crime;
       (III) demonstrate that, in developing a plan to implement 
     the grant, the State, local, and Indian law enforcement 
     agency has consulted and coordinated with nonprofit, 
     nongovernmental victim services programs that have experience 
     in providing services to victims of hate crimes; and
       (IV) certify that any Federal funds received under this 
     paragraph will be used to supplement, not supplant, non-
     Federal funds that would otherwise be available for 
     activities funded under this paragraph.

       (D) Deadline.--An application for a grant under this 
     paragraph shall be approved or denied by the Attorney General 
     not later than 30 business days after the date on which the 
     Attorney General receives the application.
       (E) Grant amount.--A grant under this paragraph shall not 
     exceed $100,000 for any single jurisdiction in any 1-year 
     period.
       (F) Report.--Not later than December 31, 2008, the Attorney 
     General shall submit to Congress a report describing the 
     applications submitted for grants under this paragraph, the 
     award of such grants, and the purposes for which the grant 
     amounts were expended.
       (G) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2008 and 2009.
       (e) Grant Program.--
       (1) Authority to award grants.--The Office of Justice 
     Programs of the Department of Justice may award grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State, local, or Tribal programs designed to 
     combat hate crimes committed by juveniles, including programs 
     to train local law enforcement officers in identifying, 
     investigating, prosecuting, and preventing hate crimes.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (f) Authorization for Additional Personnel to Assist State, 
     Local, and Tribal Law Enforcement.--There are authorized to 
     be appropriated to the Department of the Treasury and the 
     Department of Justice, including the Community Relations 
     Service, for fiscal years 2008, 2009, and 2010 such sums as 
     are necessary to increase the number of personnel to prevent 
     and respond to alleged violations of section 249 of title 18, 
     United States Code, as added by this section.
       (g) Prohibition of Certain Hate Crime Acts.--

[[Page S12072]]

       (1) In general.--Chapter 13 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 249. Hate crime acts

       ``(a) In General.--
       ``(1) Offenses involving actual or perceived race, color, 
     religion, or national origin.--Whoever, whether or not acting 
     under color of law, willfully causes bodily injury to any 
     person or, through the use of fire, a firearm, or an 
     explosive or incendiary device, attempts to cause bodily 
     injury to any person, because of the actual or perceived 
     race, color, religion, or national origin of any person--
       ``(A) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(B) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(i) death results from the offense; or
       ``(ii) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.
       ``(2) Offenses involving actual or perceived religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability.--
       ``(A) In general.--Whoever, whether or not acting under 
     color of law, in any circumstance described in subparagraph 
     (B), willfully causes bodily injury to any person or, through 
     the use of fire, a firearm, or an explosive or incendiary 
     device, attempts to cause bodily injury to any person, 
     because of the actual or perceived religion, national origin, 
     gender, sexual orientation, gender identity or disability of 
     any person--
       ``(i) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(ii) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--

       ``(I) death results from the offense; or
       ``(II) the offense includes kidnaping or an attempt to 
     kidnap, aggravated sexual abuse or an attempt to commit 
     aggravated sexual abuse, or an attempt to kill.

       ``(B) Circumstances described.--For purposes of 
     subparagraph (A), the circumstances described in this 
     subparagraph are that--
       ``(i) the conduct described in subparagraph (A) occurs 
     during the course of, or as the result of, the travel of the 
     defendant or the victim--

       ``(I) across a State line or national border; or
       ``(II) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;

       ``(ii) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subparagraph (A);
       ``(iii) in connection with the conduct described in 
     subparagraph (A), the defendant employs a firearm, explosive 
     or incendiary device, or other weapon that has traveled in 
     interstate or foreign commerce; or
       ``(iv) the conduct described in subparagraph (A)--

       ``(I) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(II) otherwise affects interstate or foreign commerce.

       ``(b) Certification Requirement.--No prosecution of any 
     offense described in this subsection may be undertaken by the 
     United States, except under the certification in writing of 
     the Attorney General, the Deputy Attorney General, the 
     Associate Attorney General, or any Assistant Attorney General 
     specially designated by the Attorney General that--
       ``(1) such certifying individual has reasonable cause to 
     believe that the actual or perceived race, color, religion, 
     national origin, gender, sexual orientation, gender identity, 
     or disability of any person was a motivating factor 
     underlying the alleged conduct of the defendant; and
       ``(2) such certifying individual has consulted with State 
     or local law enforcement officials regarding the prosecution 
     and determined that--
       ``(A) the State does not have jurisdiction or does not 
     intend to exercise jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the State does not object to the Federal Government 
     assuming jurisdiction; or
       ``(D) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in eradicating bias-motivated violence.
       ``(c) Definitions.--In this section--
       ``(1) the term `explosive or incendiary device' has the 
     meaning given such term in section 232 of this title;
       ``(2) the term `firearm' has the meaning given such term in 
     section 921(a) of this title; and
       ``(3) the term `gender identity' for the purposes of this 
     chapter means actual or perceived gender-related 
     characteristics.
       ``(d) Rule of Evidence.--In a prosecution for an offense 
     under this section, evidence of expression or associations of 
     the defendant may not be introduced as substantive evidence 
     at trial, unless the evidence specifically relates to that 
     offense. However, nothing in this section affects the rules 
     of evidence governing impeachment of a witness.''.
       (2) Technical and conforming amendment.--The analysis for 
     chapter 13 of title 18, United States Code, is amended by 
     adding at the end the following:

``249. Hate crime acts.''.
       (h) Statistics.--
       (1) In general.--Subsection (b)(1) of the first section of 
     the Hate Crime Statistics Act (28 U.S.C. 534 note) is amended 
     by inserting ``gender and gender identity,'' after ``race,''.
       (2) Data.--Subsection (b)(5) of the first section of the 
     Hate Crime Statistics Act (28 U.S.C. 534 note) is amended by 
     inserting ``, including data about crimes committed by, and 
     crimes directed against, juveniles'' after ``data acquired 
     under this section''.
       (i) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section, the 
     amendments made by this section, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
                                 ______
                                 
  SA 3036. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XV, add the following:

     SEC. 1535. NO INFRINGEMENT ON THE SOVEREIGN RIGHTS OF THE 
                   NATION OF IRAQ.

       In accordance with international law, no provision of this 
     Act may be construed to infringe in any way or manner on the 
     sovereign rights of the nation of Iraq.
                                 ______
                                 
  SA 3037. Mr. KERRY submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. SMALL HIGH-TECH FIRMS.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended by striking ``2008'' and inserting ``2016''.
                                 ______
                                 
  SA 3038. Mr. REID proposed an amendment to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       The provisions of this Act shall become effective 3 days 
     after enactment.
                                 ______
                                 
  SA 3039. Mr. REID proposed an amendment to amendment SA 3038 proposed 
by Mr. Reid to the bill H.R. 1585, to authorize appropriations for 
fiscal year 2008 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

       Strike ``3'' and insert ``2''.
                                 ______
                                 
  SA 3040. Mr. REID proposed an amendment to amendment SA 3039 proposed 
by Mr. Reid to the amendment SA 3038 proposed by Mr. Reid to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Strike ``2'' and insert ``1''.
                                 ______
                                 
  SA 3041. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 1070. SMALL HIGH-TECH FIRMS.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended by striking ``2008'' and inserting ``2010''.
                                 ______
                                 
  SA 3042. Mr. VITTER (for himself, Mr. Coburn, and Mr. Kyl) submitted

[[Page S12073]]

an amendment intended to be proposed to amendment SA 2011 proposed by 
Mr. Nelson of Nebraska (for Mr. levin) to the bill H.R. 1585, to 
authorize appropriations for fiscal year 2008 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title X, add the following:

     SEC. 1031. VOTING BY DEPARTMENT OF DEFENSE PERSONNEL.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense has consistently claimed that 
     voting rates among members of the Armed Forces exceed 70 
     percent.
       (2) The Status of Forces survey of the Department of 
     Defense for the 2006 elections shows clearly that only 22 
     percent of eligible members of the Armed Forces were able to 
     cast a ballot.
       (3) The General Accountability Office report entitled 
     ``Elections: Action Plans Needed to Fully Address Challenges 
     in Electronic Absentee Voting Initiatives for Military and 
     Overseas Citizens'' and dated June 14, 2007 (GAO-07-774), 
     cites continued shortcomings with current Department of 
     Defense efforts to facilitate voting by members of the Armed 
     Forces and strongly recommends additional actions for that 
     purpose.
       (4) Congress has a fundamental responsibility to ensure 
     that all members of the Armed Forces have a voice in our 
     government.
       (5) Troops who fight to defend America's democracy should 
     have every opportunity to participate in that democracy by 
     being able to cast a ballot and know that ballot has been 
     counted.
       (b) Oversight of Voting by Department of Defense 
     Personnel.--
       (1) Responsibility within dod.--The Secretary of Defense 
     shall designate a single member of the Armed Forces to 
     undertake responsibility for matters relating to voting by 
     Department of Defense personnel. The member so designated 
     shall report directly to the Secretary in the discharge of 
     that responsibility.
       (2) Responsibility within military departments.--The 
     Secretary of each military department shall designate a 
     single member of the Armed Forces under the jurisdiction of 
     such Secretary to undertake responsibility for matters 
     relating to voting by personnel of such military department. 
     The member so designated shall report directly to such 
     Secretary in the discharge of that responsibility.
       (3) Management of military voting operations.--The Business 
     Transformation Agency shall oversee the management of 
     business systems and procedures of the Department of Defense 
     with respect to military and overseas voting, including 
     applicable communications with States and other non-
     Department entities regarding voting by Department of Defense 
     personnel. In carrying out that responsibility, the Business 
     Transformation Agency shall be responsible for the 
     implementation of any pilot programs and other programs 
     carried out for purposes of voting by Department of Defense 
     personnel.
       (4) Improvement of ballot distribution.--The Secretary of 
     Defense shall undertake appropriate actions to streamline the 
     distribution of ballots to Department of Defense personnel 
     using electronic and Internet-based technology. In carrying 
     out such actions, the Secretary shall seek to engage 
     stakeholders in voting by Department of Defense personnel at 
     all levels to ensure maximum participation in such actions by 
     State and local election officials, other appropriate State 
     officials, and members of the Armed Forces.
       (5) Reports.--
       (A) Initial report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the status of efforts to 
     implement the requirements of this subsection.
       (B) Report on plan of action.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report setting forth a 
     comprehensive plan of action to ensure that members of the 
     Armed Forces have the full opportunity to exercise their 
     right to vote.
                                 ______
                                 
  SA 3043. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 530, between lines 10 and 11, insert the following:

     SEC. 3126. AGREEMENTS AND REPORTS ON NUCLEAR FORENSICS 
                   CAPABILITIES.

       (a) International Agreements on Nuclear Weapons Data.--The 
     Secretary of Energy may, with the concurrence of the 
     Secretary of State and in coordination with the Secretary of 
     Defense, the Secretary of Homeland Security, and the Director 
     of National Intelligence, enter into agreements with 
     countries or international organizations to conduct data 
     collection and analysis to determine accurately and in a 
     timely manner the source of any components of, or fissile 
     material used or attempted to be used in, a nuclear device or 
     weapon.
       (b) International Agreements on Information on Radioactive 
     Materials.--The Secretary of Energy may, with the concurrence 
     of the Secretary of State and in coordination with the 
     Secretary of Defense, the Secretary of Homeland Security, and 
     the Director of National Intelligence, enter into agreements 
     with countries or international organizations--
       (1) to acquire for the materials information program of the 
     Department of Energy validated information on the physical 
     characteristics of radioactive material produced, used, or 
     stored at various locations, in order to facilitate the 
     ability to determine accurately and in a timely manner the 
     source of any components of, or fissile material used or 
     attempted to be used in, a nuclear device or weapon; and
       (2) to obtain access to information described in paragraph 
     (1) in the event of--
       (A) a nuclear detonation; or
       (B) the interdiction or discovery of a nuclear device or 
     weapon or nuclear material.
       (c) Report on Agreements.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Energy shall, in coordination with the Secretary of State, 
     submit to Congress a report identifying--
       (1) the countries or international organizations with which 
     the Secretary has sought to make agreements pursuant to 
     subsections (a) and (b);
       (2) any countries or international organizations with which 
     such agreements have been finalized and the measures included 
     in such agreements; and
       (3) any major obstacles to completing such agreements with 
     other countries and international organizations.
       (d) Report on Standards and Capabilities.--Not later than 
     180 days after the date of the enactment of this Act, the 
     President shall submit to Congress a report--
       (1) setting forth standards and procedures to be used in 
     determining accurately and in a timely manner any country or 
     group that knowingly or negligently provides to another 
     country or group--
       (A) a nuclear device or weapon;
       (B) a major component of a nuclear device or weapon; or
       (C) fissile material that could be used in a nuclear device 
     or weapon;
       (2) assessing the capability of the United States to 
     collect and analyze nuclear material or debris in a manner 
     consistent with the standards and procedures described in 
     paragraph (1); and
       (3) including a plan and proposed funding for rectifying 
     any shortfalls in the nuclear forensics capabilities of the 
     United States by September 30, 2010.
                                 ______
                                 
  SA 3044. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       At the end of subtitle B of title VIII, add the following:

     SEC. 827. PROHIBITION ON USE OF EARMARKS TO AWARD NO BID 
                   CONTRACTS AND NONCOMPETITIVE GRANTS.

       (a) Prohibition.--
       (1) Contracts.--
       (A) In general.--Notwithstanding any other provision of 
     this Act, all contracts awarded by the Department of Defense 
     to implement new programs or projects pursuant to 
     congressional initiatives shall be awarded using competitive 
     procedures in accordance with the requirements of section 
     2304 of title 10, United States Code, and the Federal 
     Acquisition Regulation.
       (B) Bid requirement.--Except as provided in paragraph (3), 
     no contract may be awarded by the Department of Defense to 
     implement a new program or project pursuant to a 
     congressional initiative unless more than one bid is received 
     for such contract.
       (2) Grants.--Notwithstanding any other provision of this 
     Act, no funds may be awarded by the Department of Defense by 
     grant or cooperative agreement to implement a new program or 
     project pursuant to a congressional initiative unless the 
     process used to award such grant or cooperative agreement 
     uses competitive or merit-based procedures to select the 
     grantee or award recipient. Except as provided in paragraph 
     (3), no such grant or cooperative agreement 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) Waiver authority.--
       (A) In general.--If the Secretary of Defense 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

[[Page S12074]]

     agreement under paragraph (2), the Secretary may waive such 
     bid or application requirement if the Secretary determines 
     that the new program or project--
       (i) cannot be implemented without a waiver; and
       (ii) will help meet important national defense needs.
       (B) Congressional notification.--If the Secretary of 
     Defense waives a bid requirement under subparagraph (A), the 
     Secretary must, not later than 10 days after exercising such 
     waiver, notify Congress and the Committees on Armed Services 
     of the Senate and the House of Representatives.
       (4) Contracting authority.--The Secretary of Defense may, 
     as appropriate, utilize existing contracts to carry out 
     congressional initiatives.
       (b) Annual Report.--
       (1) In general.--Not later than December 31, 2008, and 
     December 31 of each year thereafter, the Secretary of Defense 
     shall submit to Congress a report on congressional 
     initiatives for which amounts were appropriated or otherwise 
     made available for the fiscal year ending during such year.
       (2) Content.--Each report submitted under paragraph (1) 
     shall include with respect to each contract, grant, or 
     cooperative agreement awarded to implement a new program or 
     project pursuant to 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) Publication.--Each report submitted under paragraph (1) 
     shall be made publicly available through the Internet website 
     of the Department of Defense.
       (c) Congressional Initiative Defined.--In this section, 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--
       (1) 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;
       (2) the specific location at which the work for a project 
     is to be done; and
       (3) the amount of the funds appropriated or otherwise made 
     available for such project.
       (d) Applicability.--This section shall apply with respect 
     to funds appropriated or otherwise made available for fiscal 
     years beginning after September 30, 2007, and to 
     congressional initiatives initiated after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 3045. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

               Subtitle E--Joint and Multiservice Matters

     SEC. 161. COMPETITION FOR THE PROCUREMENT OF INDIVIDUAL 
                   WEAPONS.

       (a) Certification by Military Departments.--Not later than 
     March 1, 2008, the Secretary of each military department 
     shall certify new requirements for individual weapons that 
     take into account lessons learned from combat operations.
       (b) Joint Requirements Oversight Council (JROC) 
     Certification.--Not later than June 1, 2008, the Joint 
     Requirements Oversight Council shall certify individual 
     weapon calibers that best satisfy the requirements certified 
     under subsection (a).
       (c) Competition Required.--Each military department shall 
     rapidly conduct full and open competitions for procurements 
     to fulfill the requirements certified under subsections (a) 
     and (b).
       (d) Procurements Covered.--This section applies to the 
     procurement of individual weapons less than .50 caliber (to 
     include shotguns).
                                 ______
                                 
  SA 3046. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to 
the bill H.R. 1585, to authorize appropriations for fiscal year 2008 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       After section 1064, insert the following:

     SEC. 1065. IMPROVEMENTS IN THE PROCESS FOR THE ISSUANCE OF 
                   SECURITY CLEARANCES.

       (a) Demonstration Project.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary of 
     Defense and the Director of National Intelligence shall 
     implement a demonstration project that applies new and 
     innovative approaches to improve the processing of requests 
     for security clearances.
       (b) Evaluation.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Director of National Intelligence shall carry out an 
     evaluation of the process for issuing security clearances and 
     develop a specific plan and schedule for replacing such 
     process with an improved process.
       (c) Report.--Not later than 30 days after the date of the 
     completion of the evaluation required by subsection (b), the 
     Secretary of Defense and the Director of National 
     Intelligence shall submit to Congress a report on--
       (1) the results of the demonstration project carried out 
     pursuant to subsection (a);
       (2) the results of the evaluation carried out under 
     subsection (b); and
       (3) the specific plan and schedule for replacing the 
     existing process for issuing security clearances with an 
     improved process.
                                 ______
                                 
  SA 3047. Mr. CASEY (for Mr. Hatch) proposed an amendment to amendment 
SA 2011 proposed by Mr. Nelson of Nebraska (for Mr. Levin) to the bill 
H.R. 1585, to authorize appropriations for fiscal year 2008 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       At the appropriate place in the substitute add the 
     following:

     SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall, if possible, 
     select 10 jurisdictions with laws classifying certain types 
     of offenses as relevant offenses and 10 jurisdictions without 
     such laws from which to collect the data described in 
     subparagraph (C) over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions

[[Page S12075]]

     of States to assist those entities in the investigation and 
     prosecution of crimes motivated by animus against the victim 
     by reason of the membership of the victim in a particular 
     class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2008, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2008 and 2009 to carry out this section.

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