[Congressional Record Volume 153, Number 193 (Monday, December 17, 2007)]
[Senate]
[Pages S15772-S15781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3857. Mrs. FEINSTEIN (for herself, Mr. Rockefeller, Mr. Leahy, and 
Mr. Nelson of Florida) submitted an amendment intended to be proposed 
by her to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 102, and insert the following:

     SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC 
                   SURVEILLANCE AND INTERCEPTION OF CERTAIN 
                   COMMUNICATIONS MAY BE CONDUCTED.

       (a) Statement of Exclusive Means.--Title I of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) is amended by adding at the end the following new 
     section:


  ``STATEMENT OF EXCLUSIVE MEANS BY WHICH ELECTRONIC SURVEILLANCE AND 
        INTERCEPTION OF CERTAIN COMMUNICATIONS MAY BE CONDUCTED

       ``Sec. 112.  (a) Except as provided in subsection (b), the 
     procedures of chapters 119, 121 and 206 of title 18, United 
     States Code, and this Act shall be the exclusive means by 
     which electronic surveillance (as defined in section 101(f), 
     regardless of the limitation of section 701) and the 
     interception of domestic wire, oral, or electronic 
     communications may be conducted.
       ``(b) Only an express statutory authorization for 
     electronic surveillance or the interception of domestic, 
     wire, oral, or electronic communications, other than as an 
     amendment to this Act or chapters 119, 121, or 206 of title 
     18, United States Code, shall constitute an additional 
     exclusive means for the purpose of subsection (a).''.
       (b) Offense.--Section 109 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1809) is amended--
       (1) in subsection (a), by striking ``authorized by 
     statute'' each place it appears in such section and inserting 
     ``authorized by this Act, chapter 119, 121, or 206 of title 
     18, United States Code, or any express statutory 
     authorization that is an additional exclusive means for 
     conducting electronic surveillance under section 112.''; and
       (2) by adding at the end the following:
       ``(e) Definition.--For the purpose of this section, the 
     term `electronic surveillance' means electronic surveillance 
     as defined in section 101(f) of this Act regardless of the 
     limitation of section 701 of this Act.''.
       (c) Conforming Amendments.--
       (1) Title 18, united states code.--Section 2511(2) of title 
     18, United States Code, is amended--
       (A) in paragraph (a), by adding at the end the following:
       ``(iii) If a certification under subparagraph (ii)(B) for 
     assistance to obtain foreign intelligence information is 
     based on statutory authority, the certification shall 
     identify the specific statutory provision, and shall certify 
     that the statutory requirements have been met.''; and
       (B) in paragraph (f), by striking ``, as defined in section 
     101 of such Act,'' and inserting ``(as defined in section 
     101(f) of such Act regardless of the limitation of section 
     701 of such Act)''.
       (2) Table of contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended by adding after the item 
     relating to section 111, the following:

``Sec. 112. Statement of exclusive means by which electronic 
              surveillance and interception of certain communications 
              may be conducted.''.
                                 ______
                                 
  SA 3858. Mrs. FEINSTEIN (for herself and Mr. Nelson of Florida) 
submitted an amendment intended to be proposed by her to the bill S. 
2248, to amend the Foreign Intelligence Surveillance Act of 1978, to 
modernize and streamline the provisions of that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 46, strike line 5 and all that follows through page 
     47, line 16, and insert the following:
       (6) Foreign intelligence surveillance court.--The term 
     ``Foreign Intelligence Surveillance Court'' means the court 
     established under section 103(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(a)).

[[Page S15773]]

     SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR ELECTRONIC 
                   COMMUNICATION SERVICE PROVIDERS.

       (a) Limitations.--
       (1) In general.--Notwithstanding any other provision of 
     law, and subject to paragraph (2), a covered civil action 
     shall not lie or be maintained in a Federal or State court, 
     and shall be promptly dismissed, if the Attorney General 
     certifies to the court that--
       (A) the assistance alleged to have been provided by the 
     electronic communication service provider was--
       (i) in connection with an intelligence activity involving 
     communications that was--

       (I) authorized by the President during the period beginning 
     on September 11, 2001, and ending on January 17, 2007; and
       (II) designed to detect or prevent a terrorist attack, or 
     activities in preparation for a terrorist attack, against the 
     United States; and

       (ii) described in a written request or directive from the 
     Attorney General or the head of an element of the 
     intelligence community (or the deputy of such person) to the 
     electronic communication service provider indicating that the 
     activity was--

       (I) authorized by the President; and
       (II) determined to be lawful; or

       (B) the electronic communication service provider did not 
     provide the alleged assistance.
       (2) Determination.--
       (A) In general.--The dismissal of a covered civil action 
     under paragraph (1) shall proceed only if, after review, the 
     Foreign Intelligence Surveillance Court determines that--
       (i) the written request or directive from the Attorney 
     General or the head of an element of the intelligence 
     community (or the deputy of such person) to the electronic 
     communication service provider under paragraph (1)(A)(ii) 
     complied with section 2511(2)(a)(ii)(B) of title 18, United 
     States Code;
       (ii) the assistance alleged to have been provided was 
     undertaken in good faith by the electronic communication 
     service provider pursuant to a demonstrable reason to believe 
     that compliance with the written request or directive under 
     paragraph (1)(A)(ii) was permitted by law; or
       (iii) the electronic communication service provider did not 
     provide the alleged assistance.
       (B) Procedures.--In reviewing certifications and making 
     determinations under subparagraph (A), the Foreign 
     Intelligence Surveillance Court shall--
       (i) review and make any such determination en banc; and
       (ii) permit any plaintiff and any defendant in the 
     applicable covered civil action to appear before the Foreign 
     Intelligence Surveillance Court--

       (I) pursuant to section 103 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803); and
       (II) as necessary to serve justice.

       (C) Certification.--If the Attorney General submits a 
     certification under paragraph (1), the court to which that 
     certification is submitted shall--
       (i) immediately transfer the matter to the Foreign 
     Intelligence Surveillance Court for a determination regarding 
     the questions described in subparagraph (A); and
       (ii) stay further proceedings in the relevant litigation, 
     pending the determination of the Foreign Intelligence 
     Surveillance Court.
                                 ______
                                 
  SA 3859. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 2248, to amend the Foreign Intelligence Surveillance 
Act of 1978, to modernize and streamline the provisions of that Act, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 29, line 4, strike ``2013.'' and insert the 
     following: ``2011. Notwithstanding any other provision of 
     this Act, the transitional procedures under paragraphs (2)(B) 
     and (3)(B) of section 302(c) shall apply to any order, 
     authorization, or directive, as the case may be, issued under 
     title VII of the Foreign Intelligence Surveillance Act of 
     1978, as amended by this Act, in effect on December 31, 
     2011.''.
                                 ______
                                 
  SA 3860. Mr. COBURN (for himself, Mr. DeMint, Mr. McCain, and Mr. 
Kyl) submitted an amendment intended to be proposed by him to the bill 
H.R. 2764, making appropriations for the Department of State, foreign 
operations, and related programs 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)  This section may be cited as the ``Safe Roads 
     and Bridges Act of 2007''.
        (b) Notwithstanding any other provision of this Act, the 
     Secretary of Transportation may reprogram any funds 
     appropriated or otherwise made available under this Act for 
     the Department of Transportation that are intended to be used 
     for any congressionally directed spending item, as defined in 
     section 521 of Honest Leadership and Open Government Act of 
     2007 (Public Law 110-81), for the purpose of improving roads 
     or bridges that have been classified as ``structurally 
     deficient'' or ``functionally obsolete''.
       (c) Not later than September 30, 2008, the Secretary of 
     Transportation shall submit to Congress a report that 
     contains a summary of the any reprogramming of 
     congressionally directed spending items under subsection (b) 
     and a description of how such reprogrammed funds were 
     utilized to improve structurally deficient or functionally 
     obsolete roads and bridges. Such report shall be made 
     publicly available on the Internet website of the Department 
     of Transportation.
                                 ______
                                 
  SA 3861. Mr. COBURN (for himself, Mr. Burr, Mr. McCain, Mr. DeMint, 
and Mr. Kyl) submitted an amendment intended to be proposed by him to 
the bill H.R. 2764, making appropriations for the Department of State, 
foreign operations, and related programs 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)  This section may be cited as the ``Women and 
     Children's Health Care First Act of 2007''.
        (b) Notwithstanding any other provision of this Act, the 
     Secretary of Health and Human Services may reprogram any 
     funds appropriated or otherwise made available under this Act 
     for the Department of Health and Human Services that are 
     intended to be used for any congressionally directed spending 
     item, as defined in section 521 of Honest Leadership and Open 
     Government Act of 2007 (Public Law 110-81), for the Maternal 
     and Child Health Block Grant.
       (c) Not later than September 30, 2008, the Secretary of 
     Health and Human Services shall submit to Congress a report 
     that contains a summary of the any reprogramming of 
     congressionally directed spending items under subsection (b) 
     and a description of how such reprogrammed funds were 
     utilized to improve the health of all mothers and children. 
     Such report shall be made publicly available on the Internet 
     website of the Department of Health and Human Services.
                                 ______
                                 
  SA 3862. Mr. LEAHY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 2248, to amend 
the Foreign Intelligence Surveillance Act of 1978, to modernize and 
streamline the provisions of that Act, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 43, after line 21, add the following:

     SEC. 111. REVIEW OF PREVIOUS ACTIONS.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (2) Terrorist surveillance program and program.--The terms 
     ``Terrorist Surveillance Program'' and ``Program'' mean the 
     intelligence activity involving communications that was 
     authorized by the President during the period beginning on 
     September 11, 2001, and ending on January 17, 2007.
       (b) Reviews.--
       (1) Requirement to conduct.--The Inspectors General of the 
     Office of the Director of National Intelligence, the 
     Department of Justice, the National Security Agency, and any 
     other element of the intelligence community that participated 
     in the Terrorist Surveillance Program shall work in 
     conjunction to complete a comprehensive review of, with 
     respect to the oversight authority and responsibility of each 
     such Inspector General--
       (A) all of the facts necessary to describe the 
     establishment, implementation, product, and use of the 
     product of the Program;
       (B) the procedures and substance of, and access to, the 
     legal reviews of the Program;
       (C) communications with, and participation of, individuals 
     and entities in the private sector related to the Program;
       (D) interaction with the Foreign Intelligence Surveillance 
     Court and transition to court orders related to the Program; 
     and
       (E) any other matters identified by any such Inspector 
     General that would enable that Inspector General to report a 
     complete description of the Program, with respect to such 
     element.
       (2) Cooperation.--Each Inspector General required to 
     conduct a review under paragraph (1) shall--
       (A) work in conjunction, to the extent possible, with any 
     other Inspector General required to conduct such a review; 
     and
       (B) utilize to the extent practicable, and not 
     unnecessarily duplicate or delay, such reviews or audits that 
     have been completed or are being undertaken by any such 
     Inspector General or by any other office of the Executive 
     Branch related to the Program.
       (c) Reports.--
       (1) Preliminary reports.--Not later than 60 days after the 
     date of the enactment of this Act, the Inspectors General of 
     the Office of the Director of National Intelligence, the 
     Department of Justice, and the National Security Agency, in 
     conjunction with any other Inspector General required to 
     conduct a review under subsection (b)(1), shall submit to the 
     appropriate committees of Congress an interim report that 
     describes the planned scope of such review.

[[Page S15774]]

       (2) Final report.--Not later than 1 year after the date of 
     the enactment of this Act, the Inspectors General required to 
     conduct such a review shall submit to the appropriate 
     committees of Congress, to the extent practicable, a 
     comprehensive report on such reviews that includes any 
     recommendations of any such Inspectors General within the 
     oversight authority and responsibility of any such Inspector 
     General with respect to the reviews.
       (3) Form.--A report submitted under this subsection shall 
     be submitted in unclassified form, but may include a 
     classified annex. The unclassified report shall not disclose 
     the name or identity of any individual or entity of the 
     private sector that participated in the Program or with whom 
     there was communication about the Program.
       (d) Resources.--
       (1) Expedited security clearance.--The Director of National 
     Intelligence shall ensure that the process for the 
     investigation and adjudication of an application by an 
     Inspector General or any appropriate staff of an Inspector 
     General for a security clearance necessary for the conduct of 
     the review under subsection (b)(1) is carried out as 
     expeditiously as possible.
       (2) Additional legal and other personnel for the inspectors 
     general.--An Inspector General required to conduct a review 
     under subsection (b)(1) and submit a report under subsection 
     (c) is authorized to hire such additional legal or other 
     personnel as may be necessary to carry out such review and 
     prepare such report in a prompt and timely manner. Personnel 
     authorized to be hired under this paragraph--
       (A) shall perform such duties relating to such a review as 
     the relevant Inspector General shall direct; and
       (B) are in addition to any other personnel authorized by 
     law.
                                 ______
                                 
  SA 3863. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 6, line 20, strike ``and'' and all that follows 
     through page 19, line 16, and insert the following:
       ``(3) shall be conducted in a manner consistent with the 
     fourth amendment to the Constitution of the United States; 
     and
       ``(4) shall not intentionally acquire any communication as 
     to which the sender and all intended recipients are known at 
     the time of the acquisition to be located in the United 
     States.
       ``(c) United States Persons Located Outside the United 
     States.--
       ``(1) Acquisition inside the united states of united states 
     persons outside the united states.--An acquisition authorized 
     by subsection (a) that occurs inside the United States may 
     not target a United States person except in accordance with 
     the provisions of title I.
       ``(2) Acquisition outside the united states of united 
     states persons outside the united states.--An acquisition by 
     an electronic, mechanical, or other surveillance device 
     outside the United States may not intentionally target a 
     United States person reasonably believed to be outside the 
     United States to acquire the contents of a wire or radio 
     communication sent by or intended to be received by that 
     United States person under circumstances in which a person 
     has a reasonable expectation of privacy and a warrant would 
     be required for law enforcement purposes if the technique 
     were used inside the United States unless--
       ``(A) the Attorney General or the Attorney General's 
     designee submits an application to the Foreign Intelligence 
     Surveillance Court that includes a statement of the facts and 
     circumstances relied upon by the applicant to justify the 
     Attorney General's belief that the target of the acquisition 
     is a foreign power or an agent of a foreign power; and
       ``(B) the Foreign Intelligence Surveillance Court--
       ``(i) finds on the basis of the facts submitted by the 
     applicant there is probable cause to believe that the target 
     of the electronic surveillance is a foreign power or an agent 
     of a foreign power; and
       ``(ii) issues an ex parte order as requested or as modified 
     approving the targeting of that United States person.
       ``(3) Procedures.--
       ``(A) Submittal to foreign intelligence surveillance 
     court.--Not later than 30 days after the date of the 
     enactment of this title, the Attorney General shall submit to 
     the Foreign Intelligence Surveillance Court the procedures to 
     be utilized in determining whether a target reasonably 
     believed to be outside the United States is a United States 
     person.
       ``(B) Approval by foreign intelligence surveillance 
     court.--The procedures submitted under subparagraph (A) shall 
     be utilized as described in that subparagraph only upon the 
     approval of the Foreign Intelligence Surveillance Court.
       ``(C) Utilization in targeting.--Any targeting of persons 
     authorized by subsection (a) shall utilize the procedures 
     submitted under subparagraph (A) as approved by the Foreign 
     Intelligence Surveillance Court under subparagraph (B).
       ``(d) Conduct of Acquisition.--An acquisition authorized 
     under subsection (a) may be conducted only in accordance 
     with--
       ``(1) a certification made by the Attorney General and the 
     Director of National Intelligence pursuant to subsection (g); 
     and
       ``(2) the targeting and minimization procedures required 
     pursuant to subsections (e) and (f).
       ``(e) Targeting Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt targeting procedures that are reasonably designed 
     to ensure that any acquisition authorized under subsection 
     (a) is limited to targeting persons reasonably believed to be 
     located outside the United States and does not result in the 
     intentional acquisition of any communication as to which the 
     sender and all intended recipients are known at the time of 
     the acquisition to be located in the United States.
       ``(2) Judicial review.--The procedures referred to in 
     paragraph (1) shall be subject to judicial review pursuant to 
     subsection (i).
       ``(f) Minimization Procedures.--
       ``(1) Requirement to adopt.--The Attorney General, in 
     consultation with the Director of National Intelligence, 
     shall adopt, consistent with the requirements of section 
     101(h), minimization procedures for acquisitions authorized 
     under subsection (a).
       ``(2) Persons in the united states.--The minimization 
     procedures required by this subsection shall require the 
     destruction, upon recognition, of any communication as to 
     which the sender and all intended recipients are known to be 
     located in the United States, a person has a reasonable 
     expectation of privacy, anda warrant would be required for 
     law enforcement purposes, unless the Attorney General 
     determines that the communication indicates a threat of death 
     or serious bodily harm to any person.
       ``(3) Judicial review.--The minimization procedures 
     required by this subsection shall be subject to judicial 
     review pursuant to subsection (i).
       ``(g) Certification.--
       ``(1) In general.--
       ``(A) Requirement.--Subject to subparagraph (B), prior to 
     the initiation of an acquisition authorized under subsection 
     (a), the Attorney General and the Director of National 
     Intelligence shall provide, under oath, a written 
     certification, as described in this subsection.
       ``(B) Exception.--If the Attorney General and the Director 
     of National Intelligence determine that immediate action by 
     the Government is required and time does not permit the 
     preparation of a certification under this subsection prior to 
     the initiation of an acquisition, the Attorney General and 
     the Director of National Intelligence shall prepare such 
     certification, including such determination, as soon as 
     possible but in no event more than 168 hours after such 
     determination is made.
       ``(2) Requirements.--A certification made under this 
     subsection shall--
       ``(A) attest that--
       ``(i) there are reasonable procedures in place for 
     determining that the acquisition authorized under subsection 
     (a) is targeted at persons reasonably believed to be located 
     outside the United States, and does not result in the 
     intentional acquisition of any communication as to which the 
     sender and all intended recipients are known at the time of 
     the acquisition to be located in the United States, and that 
     such procedures have been approved by, or will promptly be 
     submitted for approval by, the Foreign Intelligence 
     Surveillance Court pursuant to subsection (i);
       ``(ii) the procedures referred to in clause (i) are 
     consistent with the requirements of the fourth amendment to 
     the Constitution of the United States and do not permit the 
     intentional targeting of any person who is known at the time 
     of acquisition to be located in the United States, or result 
     in the intentional acquisition of any communication as to 
     which the sender and all intended recipients are known at the 
     time of the acquisition to be located in the United States;
       ``(iii) a significant purpose of the acquisition is to 
     obtain foreign intelligence information;
       ``(iv) the minimization procedures to be used with respect 
     to such acquisition--

       ``(I) meet the definition of minimization procedures under 
     section 101(h);
       ``(II) require the destruction, upon recognition, of any 
     communication as to which the sender and all intended 
     recipients are known to be located in the United States, a 
     person has a reasonable expectation of privacy, and a warrant 
     would be required for law enforcement purposes, unless the 
     Attorney General determines that the communication indicates 
     a threat of death or serious bodily harm to any person; and
       ``(III) have been approved by, or will promptly be 
     submitted for approval by, the Foreign Intelligence 
     Surveillance Court pursuant to subsection (i);

       ``(v) the acquisition involves obtaining the foreign 
     intelligence information from or with the assistance of an 
     electronic communication service provider; and
       ``(vi) the acquisition does not constitute electronic 
     surveillance, as limited by section 701; and
       ``(B) be supported, as appropriate, by the affidavit of any 
     appropriate official in the area of national security who 
     is--
       ``(i) appointed by the President, by and with the consent 
     of the Senate; or
       ``(ii) the head of any element of the intelligence 
     community.

[[Page S15775]]

       ``(3) Limitation.--A certification made under this 
     subsection is not required to identify the specific 
     facilities, places, premises, or property at which the 
     acquisition authorized under subsection (a) will be directed 
     or conducted.
       ``(4) Submission to the court.--The Attorney General shall 
     transmit a copy of a certification made under this 
     subsection, and any supporting affidavit, under seal to the 
     Foreign Intelligence Surveillance Court as soon as possible, 
     but in no event more than 5 days after such certification is 
     made. Such certification shall be maintained under security 
     measures adopted by the Chief Justice of the United States 
     and the Attorney General, in consultation with the Director 
     of National Intelligence.
       ``(5) Review.--The certification required by this 
     subsection shall be subject to judicial review pursuant to 
     subsection (i).
       ``(h) Directives.--
       ``(1) Authority.--With respect to an acquisition authorized 
     under subsection (a), the Attorney General and the Director 
     of National Intelligence may direct, in writing, an 
     electronic communication service provider to--
       ``(A) immediately provide the Government with all 
     information, facilities, or assistance necessary to 
     accomplish the acquisition in a manner that will protect the 
     secrecy of the acquisition and produce a minimum of 
     interference with the services that such electronic 
     communication service provider is providing to the target; 
     and
       ``(B) maintain under security procedures approved by the 
     Attorney General and the Director of National Intelligence 
     any records concerning the acquisition or the aid furnished 
     that such electronic communication service provider wishes to 
     maintain.
       ``(2) Compensation.--The Government shall compensate, at 
     the prevailing rate, an electronic communication service 
     provider for providing information, facilities, or assistance 
     pursuant to paragraph (1).
       ``(3) Release from liability.--Notwithstanding any other 
     law, no cause of action shall lie in any court against any 
     electronic communication service provider for providing any 
     information, facilities, or assistance in accordance with a 
     directive issued pursuant to paragraph (1).
       ``(4) Challenging of directives.--
       ``(A) Authority to challenge.--An electronic communication 
     service provider receiving a directive issued pursuant to 
     paragraph (1) may challenge the directive by filing a 
     petition with the Foreign Intelligence Surveillance Court.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign the petition filed under subparagraph (A) to 1 of the 
     judges serving in the pool established by section 103(e)(1) 
     not later than 24 hours after the filing of the petition.
       ``(C) Standards for review.--A judge considering a petition 
     to modify or set aside a directive may grant such petition 
     only if the judge finds that the directive does not meet the 
     requirements of this section or is otherwise unlawful. If the 
     judge does not modify or set aside the directive, the judge 
     shall immediately affirm such directive, and order the 
     recipient to comply with the directive. The judge shall 
     provide a written statement for the record of the reasons for 
     a determination under this paragraph.
       ``(D) Continued effect.--Any directive not explicitly 
     modified or set aside under this paragraph shall remain in 
     full effect.
       ``(5) Enforcement of directives.--
       ``(A) Order to compel.--In the case of a failure to comply 
     with a directive issued pursuant to paragraph (1), the 
     Attorney General may file a petition for an order to compel 
     compliance with the directive with the Foreign Intelligence 
     Surveillance Court.
       ``(B) Assignment.--The presiding judge of the Court shall 
     assign a petition filed under subparagraph (A) to 1 of the 
     judges serving in the pool established by section 103(e)(1) 
     not later than 24 hours after the filing of the petition.
       ``(C) Standards for review.--A judge considering a petition 
     shall issue an order requiring the electronic communication 
     service provider to comply with the directive if the judge 
     finds that the directive was issued in accordance with 
     paragraph (1), meets the requirements of this section, and is 
     otherwise lawful. The judge shall provide a written statement 
     for the record of the reasons for a determination under this 
     paragraph.
       ``(D) Contempt of court.--Failure to obey an order of the 
     Court issued under this paragraph may be punished by the 
     Court as contempt of court.
       ``(E) Process.--Any process under this paragraph may be 
     served in any judicial district in which the electronic 
     communication service provider may be found.
       ``(6) Appeal.--
       ``(A) Appeal to the court of review.--The Government or an 
     electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition with the Foreign Intelligence Surveillance Court of 
     Review for review of the decision issued pursuant to 
     paragraph (4) or (5) not later than 7 days after the issuance 
     of such decision. The Court of Review shall have jurisdiction 
     to consider such a petition and shall provide a written 
     statement for the record of the reasons for a decision under 
     this paragraph.
       ``(B) Certiorari to the supreme court.--The Government or 
     an electronic communication service provider receiving a 
     directive issued pursuant to paragraph (1) may file a 
     petition for a writ of certiorari for review of the decision 
     of the Court of Review issued under subparagraph (A). The 
     record for such review shall be transmitted under seal to the 
     Supreme Court of the United States, which shall have 
     jurisdiction to review such decision.
       ``(i) Judicial Review.--
       ``(1) In general.--
       ``(A) Review by the foreign intelligence surveillance 
     court.--The Foreign Intelligence Surveillance Court shall 
     have jurisdiction to review any certification required by 
     subsection (d) or targeting and minimization procedures 
     adopted pursuant to subsections (e) and (f).
       ``(B) Submission to the court.--The Attorney General shall 
     submit to the Court any such certification or procedure, or 
     amendment thereto, not later than 5 days after making or 
     amending the certification or adopting or amending the 
     procedures.
       ``(2) Certifications.--The Court shall review a 
     certification provided under subsection (g) to determine 
     whether the certification contains all the required elements.
       ``(3) Targeting procedures.--The Court shall review the 
     targeting procedures required by subsection (e) to assess 
     whether the procedures are reasonably designed to ensure that 
     the acquisition authorized under subsection (a) is limited to 
     the targeting of persons reasonably believed to be located 
     outside the United States and does not result in the 
     intentional acquisition of any communication as to which the 
     sender and all intended recipients are known at the time of 
     the acquisition to be located in the United States.
       ``(4) Minimization procedures.--The Court shall review the 
     minimization procedures required by subsection (f) to assess 
     whether such procedures--
       ``(A) meet the definition of minimization procedures under 
     section 101(h); and
       ``(B) require the destruction, upon recognition, of any 
     communication as to which the sender and all intended 
     recipients are known to be located in the United States, a 
     person has a reasonable expectation of privacy, and a warrant 
     would be required for law enforcement purposes, unless the 
     Attorney General determines that the communication indicates 
     a threat of death or serious bodily harm to any person.
                                 ______
                                 
  SA 3864. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill H.R. 2764, making appropriations for the Department of 
State, foreign operations, and related programs for the fiscal year 
ending September 30, 2008, and for other purposes; which was ordered to 
lie on the table; as follows:

       In Division G, on page 71, line 10, strike ``$666,087,000'' 
     and insert ``$751,087,000''.
       In Division G, on page 71, line 14, strike ``$103,921,000'' 
     and insert ``$188,921,000''.
       In Division G, on page 88, between lines 13 and 14, insert 
     the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     amounts appropriated in this Act for the administration and 
     related expenses for the departmental management of the 
     Department of Labor, the Department of Health and Human 
     Services, and the Department of Education shall be reduced by 
     a pro rata percentage required to reduce the total amount 
     appropriated in this Act by $85,000,000.
                                 ______
                                 
  SA 3865. Mr. BURR submitted an amendment intended to be proposed by 
him to the bill H.R. 2764, making appropriations for the Department of 
State, foreign operations, and related programs for the fiscal year 
ending September 30, 2008, and for other purposes; which was ordered to 
lie on the table; as follows:

       In Division G, on page 71, line 10, strike ``$666,087,000'' 
     and insert ``$751,087,000''.
       In Division G, on page 71, line 14, strike ``$103,921,000'' 
     and insert ``$188,921,000''.
       In Division G, on page 88, between lines 13 and 14, insert 
     the following:
       Sec. __.  Notwithstanding any other provision of this Act, 
     amounts appropriated in this Act for the administration and 
     related expenses for the departmental management of the 
     Department of Labor, the Department of Health and Human 
     Services, and the Department of Education shall be reduced by 
     a pro rata percentage required to reduce the total amount 
     appropriated in this Act by $85,000,000.
                                 ______
                                 
  SA 3866. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2248, to amend the Foreign Intelligence 
Surveillance Act of 1978, to modernize and streamline the provisions of 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 43, after line 21, add the following:

     SEC. 111. STANDING AND CAUSE OF ACTION FOR PERSONS WHO 
                   REFRAIN FROM COMMUNICATIONS BY REASON OF FEAR 
                   OF ELECTRONIC SURVEILLANCE.

       (a) Standing and Cause of Action.--A United States citizen 
     shall have standing to bring a cause of action for damages 
     (as specified in subsection (d)) or declaratory or injunctive 
     relief against the United States if that individual has 
     refrained or is refraining

[[Page S15776]]

     from communications because of a reasonable fear that such 
     communications would be the subject of electronic 
     surveillance conducted without an order issued in accordance 
     with title I of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.) or a joint authorization by the 
     Attorney General and the Director of National Intelligence 
     issued in accordance with title VII of the Foreign 
     Intelligence Surveillance Act of 1978, as added by this Act, 
     under a claim of Presidential authority under either the 
     Constitution of the United States or the Authorization for 
     Use of Military Force (Public Law 107-40; 115 Stat. 224; 50 
     U.S.C. 1541 note).
       (b) Rules Applicable to Actions.--In any civil action filed 
     under subsection (a), the following shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened under section 2284 of title 28, United 
     States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Attorney General, the Clerk of the House of 
     Representatives, and the Secretary of the Senate.
       (3) A reasonable fear that communications will be the 
     subject of electronic surveillance may be established by 
     evidence that the person bringing the action--
       (A) has had and intends to continue to have regular 
     communications from the United States to one or more persons 
     in Afghanistan, Iraq, Pakistan, or any country designated as 
     a state sponsor of terrorism in the course of that person's 
     paid employment doing journalistic, academic, or other 
     research pertaining to terrorism or terrorist groups; or
       (B) has engaged and intends to continue to engage in one or 
     more commercial transactions with a bank or other financial 
     institution in a country described in subparagraph (A).
       (4) The procedures and standards of the Classified 
     Information Procedures Act (18 U.S.C. App.) shall apply to 
     the action.
       (5) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, after the entry of the final 
     decision.
       (6) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.
       (c) Mootness.--In any civil action filed under subsection 
     (a) for declaratory or injunctive relief, a defendant's claim 
     that the surveillance activity has been terminated may not be 
     grounds for dismissing the case, unless the Attorney General 
     files a declaration under section 1746 of title 28, United 
     States Code, affirming that--
       (1) the surveillance described in subsection (a) has 
     ceased; and
       (2) the executive branch of the Federal Government does not 
     have legal authority to renew the surveillance described in 
     subsection (a).
       (d) Limitation of Damages.--In any civil action filed under 
     subsection (a), a prevailing plaintiff shall recover--
       (1) damages for injuries arising from a reasonable fear 
     caused by the electronic surveillance described in subsection 
     (a) of not less than $50 and not more than $1000; and
       (2) reasonable attorney's fees and other investigation and 
     litigation costs reasonably incurred relating to that civil 
     action.
       (e) Severability.--If any provision of this section, or the 
     application thereof to any person or circumstances is held 
     invalid, the validity of the remainder of the Act, any such 
     amendments, and of the application of such provisions to 
     other persons and circumstances shall not be affected 
     thereby.
       (f) Rules of Construction.--Nothing in this section may be 
     construed to--
       (1) affect a cause of action filed before the date of 
     enactment of this Act;
       (2) limit any cause of action available to a person under 
     any other provision of law, including the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.); or
       (3) limit the relief that may be awarded under any other 
     provision of law, including the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
       (g) Definition.--In this section, the term ``electronic 
     surveillance'' has the meaning given that term in section 101 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801).
                                 ______
                                 
  SA 3867. Mr. DODD (for Mr. Dorgan) proposed an amendment to the bill 
S. 2096, to amend the Do-Not-Call Implementation Act to eliminate the 
automatic removal of telephone numbers registered on the Federal ``do-
not-call'' registry; as follows:

       At the end of the bill, add the following:

     SEC. 3. REPORT ON ACCURACY.

       Not later than 9 months after the enactment of this Act, 
     the Federal Trade Commission shall report to the Congress on 
     efforts taken by the Commission, after the date of enactment 
     of this Act, to improve the accuracy of the ``do-not-call'' 
     Registry.
                                 ______
                                 
  SA 3868. Mr. DODD (for Mr. Leahy (for himself, Mr. Cornyn, and Mr. 
Kyl)) proposed an amendment to the bill H.R. 660, to amend title 18, 
United States Code, to protect judges, prosecutors, witnesses, victims, 
and their family members, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Court Security Improvement 
     Act of 2007''.

          TITLE I--JUDICIAL SECURITY IMPROVEMENTS AND FUNDING

     SEC. 101. JUDICIAL BRANCH SECURITY REQUIREMENTS.

       (a) Ensuring Consultation With the Judiciary.--Section 566 
     of title 28, United States Code, is amended by adding at the 
     end the following:
       ``(i) The Director of the United States Marshals Service 
     shall consult with the Judicial Conference of the United 
     States on a continuing basis regarding the security 
     requirements for the judicial branch of the United States 
     Government, to ensure that the views of the Judicial 
     Conference regarding the security requirements for the 
     judicial branch of the Federal Government are taken into 
     account when determining staffing levels, setting priorities 
     for programs regarding judicial security, and allocating 
     judicial security resources. In this paragraph, the term 
     `judicial security' includes the security of buildings 
     housing the judiciary, the personal security of judicial 
     officers, the assessment of threats made to judicial 
     officers, and the protection of all other judicial personnel. 
     The United States Marshals Service retains final authority 
     regarding security requirements for the judicial branch of 
     the Federal Government.''.
       (b) Conforming Amendment.--Section 331 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``The Judicial Conference shall consult with the Director 
     of United States Marshals Service on a continuing basis 
     regarding the security requirements for the judicial branch 
     of the United States Government, to ensure that the views of 
     the Judicial Conference regarding the security requirements 
     for the judicial branch of the Federal Government are taken 
     into account when determining staffing levels, setting 
     priorities for programs regarding judicial security, and 
     allocating judicial security resources. In this paragraph, 
     the term `judicial security' includes the security of 
     buildings housing the judiciary, the personal security of 
     judicial officers, the assessment of threats made to judicial 
     officers, and the protection of all other judicial personnel. 
     The United States Marshals Service retains final authority 
     regarding security requirements for the judicial branch of 
     the Federal Government.''.

     SEC. 102. PROTECTION OF UNITED STATES TAX COURT.

       (a) In General.--Section 566(a) of title 28, United States 
     Code, is amended by striking ``and the Court of International 
     Trade'' and inserting ``, the Court of International Trade, 
     and the United States Tax Court, as provided by law''.
       (b) Internal Revenue Code.--Section 7456(c) of the Internal 
     Revenue Code of 1986 (relating to incidental powers of the 
     Tax Court) is amended in the matter following paragraph (3), 
     by striking the period at the end, and inserting ``and may 
     otherwise provide, when requested by the chief judge of the 
     Tax Court, for the security of the Tax Court, including the 
     personal protection of Tax Court judges, court officers, 
     witnesses, and other threatened persons in the interests of 
     justice, where criminal intimidation impedes on the 
     functioning of the judicial process or any other official 
     proceeding. The United States Marshals Service retains final 
     authority regarding security requirements for the Tax 
     Court.''.
       (c) Reimbursement.--The United States Tax Court shall 
     reimburse the United States Marshals Service for protection 
     provided under the amendments made by this section.

     SEC. 103. ADDITIONAL AMOUNTS FOR UNITED STATES MARSHALS 
                   SERVICE TO PROTECT THE JUDICIARY.

       In addition to any other amounts authorized to be 
     appropriated for the United States Marshals Service, there 
     are authorized to be appropriated for the United States 
     Marshals Service $20,000,000 for each of fiscal years 2007 
     through 2011 for--
       (1) hiring entry-level deputy marshals for providing 
     judicial security;
       (2) hiring senior-level deputy marshals for investigating 
     threats to the judiciary and providing protective details to 
     members of the judiciary, assistant United States attorneys, 
     and other attorneys employed by the Federal Government; and
       (3) for the Office of Protective Intelligence, for hiring 
     senior-level deputy marshals, hiring program analysts, and 
     providing secure computer systems.

     SEC. 104. FINANCIAL DISCLOSURE REPORTS.

       Section 105(b)(3) of the Ethics in Government Act of 1978 
     (5 U.S.C. App) is amended by striking ``2009'' each place it 
     appears and inserting ``2011''.

TITLE II--CRIMINAL LAW ENHANCEMENTS TO PROTECT JUDGES, FAMILY MEMBERS, 
                             AND WITNESSES

     SEC. 201. PROTECTIONS AGAINST MALICIOUS RECORDING OF 
                   FICTITIOUS LIENS AGAINST FEDERAL JUDGES AND 
                   FEDERAL LAW ENFORCEMENT OFFICERS.

       (a) Offense.--Chapter 73 of title 18, United States Code, 
     is amended by adding at the end the following:

[[Page S15777]]

     ``Sec. 1521. Retaliating against a Federal judge or Federal 
       law enforcement officer by false claim or slander of title

       ``Whoever files, attempts to file, or conspires to file, in 
     any public record or in any private record which is generally 
     available to the public, any false lien or encumbrance 
     against the real or personal property of an individual 
     described in section 1114, on account of the performance of 
     official duties by that individual, knowing or having reason 
     to know that such lien or encumbrance is false or contains 
     any materially false, fictitious, or fraudulent statement or 
     representation, shall be fined under this title or imprisoned 
     for not more than 10 years, or both.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     73 of title 18, United States Code, is amended by adding at 
     the end the following new item:

``1521. Retaliating against a Federal judge or Federal law enforcement 
              officer by false claim or slander of title.''.

     SEC. 202. PROTECTION OF INDIVIDUALS PERFORMING CERTAIN 
                   OFFICIAL DUTIES.

       (a) Offense.--Chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following:

     ``Sec. 119. Protection of individuals performing certain 
       official duties

       ``(a) In General.--Whoever knowingly makes restricted 
     personal information about a covered person, or a member of 
     the immediate family of that covered person, publicly 
     available--
       ``(1) with the intent to threaten, intimidate, or incite 
     the commission of a crime of violence against that covered 
     person, or a member of the immediate family of that covered 
     person; or
       ``(2) with the intent and knowledge that the restricted 
     personal information will be used to threaten, intimidate, or 
     facilitate the commission of a crime of violence against that 
     covered person, or a member of the immediate family of that 
     covered person,

     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) Definitions.--In this section--
       ``(1) the term `restricted personal information' means, 
     with respect to an individual, the Social Security number, 
     the home address, home phone number, mobile phone number, 
     personal email, or home fax number of, and identifiable to, 
     that individual;
       ``(2) the term `covered person' means--
       ``(A) an individual designated in section 1114;
       ``(B) a grand or petit juror, witness, or other officer in 
     or of, any court of the United States, or an officer who may 
     be, or was, serving at any examination or other proceeding 
     before any United States magistrate judge or other committing 
     magistrate;
       ``(C) an informant or witness in a Federal criminal 
     investigation or prosecution; or
       ``(D) a State or local officer or employee whose restricted 
     personal information is made publicly available because of 
     the participation in, or assistance provided to, a Federal 
     criminal investigation by that officer or employee;
       ``(3) the term `crime of violence' has the meaning given 
     the term in section 16; and
       ``(4) the term `immediate family' has the meaning given the 
     term in section 115(c)(2).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``119. Protection of individuals performing certain official duties.''.

     SEC. 203. PROHIBITION OF POSSESSION OF DANGEROUS WEAPONS IN 
                   FEDERAL COURT FACILITIES.

       Section 930(e)(1) of title 18, United States Code, is 
     amended by inserting ``or other dangerous weapon'' after 
     ``firearm''.

     SEC. 204. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A 
                   WITNESS.

       Section 1513 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(g) A prosecution under this section may be brought in 
     the district in which the official proceeding (whether 
     pending, about to be instituted, or completed) was intended 
     to be affected, or in which the conduct constituting the 
     alleged offense occurred.''.

     SEC. 205. MODIFICATION OR TAMPERING WITH A WITNESS, VICTIM, 
                   OR AN INFORMANT OFFENSE.

       Section 1512 of title 18, United States Code, is amended--
       (1) in subsection (a)(3)--
       (A) by amending subparagraph (A) to reads as follows:
       ``(A) in the case of a killing, the punishment provided in 
     sections 1111 and 1112;'';
       (B) in the matter following clause (ii) of subparagraph (B) 
     by striking ``20 years'' and inserting ``30 years''; and
       (C) in subparagraph (C), by striking ``10 years'' and 
     inserting ``20 years'';
       (2) in subsection (b), by striking ``ten years'' and 
     inserting ``20 years''; and
       (3) in subsection (d), by striking ``one year'' and 
     inserting ``3 years''.

     SEC. 206. MODIFICATION OF RETALIATION OFFENSE.

       Section 1513 of title 18, United States Code, is amended--
       (1) in subsection (a)(1)(B)--
       (A) by inserting a comma after ``probation''; and
       (B) by striking the comma which immediately follows another 
     comma;
       (2) in subsection (a)(2)(B), by striking ``20 years'' and 
     inserting ``30 years'';
       (3) in subsection (b)--
       (A) in paragraph (2)--
       (i) by inserting a comma after ``probation''; and
       (ii) by striking the comma which immediately follows 
     another comma; and
       (B) in the matter following paragraph (2), by striking 
     ``ten years'' and inserting ``20 years''; and
       (4) by redesignating the second subsection (e) as 
     subsection (f).

     SEC. 207. GENERAL MODIFICATIONS OF FEDERAL MURDER CRIME AND 
                   RELATED CRIMES.

       Section 1112(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``ten years'' and inserting ``15 years''; 
     and
       (2) by striking ``six years'' and inserting ``8 years''.

     SEC. 208. ASSAULT PENALTIES.

       (a) In General.--Section 115(b) of title 18, United States 
     Code, is amended by striking ``(1)'' and all that follows 
     through the end of paragraph (1) and inserting the following: 
     ``(1) The punishment for an assault in violation of this 
     section is--
       ``(A) a fine under this title; and
       ``(B)(i) if the assault consists of a simple assault, a 
     term of imprisonment for not more than 1 year;
       ``(ii) if the assault involved physical contact with the 
     victim of that assault or the intent to commit another 
     felony, a term of imprisonment for not more than 10 years;
       ``(iii) if the assault resulted in bodily injury, a term of 
     imprisonment for not more than 20 years; or
       ``(iv) if the assault resulted in serious bodily injury (as 
     that term is defined in section 1365 of this title, and 
     including any conduct that, if the conduct occurred in the 
     special maritime and territorial jurisdiction of the United 
     States, would violate section 2241 or 2242 of this title) or 
     a dangerous weapon was used during and in relation to the 
     offense, a term of imprisonment for not more than 30 
     years.''.
       (b) Conforming Amendment.--Section 111(a) of title 18, 
     United States Code, is amended by striking ``in all other 
     cases'' and inserting ``where such acts involve physical 
     contact with the victim of that assault or the intent to 
     commit another felony''.

     SEC. 209. DIRECTION TO THE SENTENCING COMMISSION.

       The United States Sentencing Commission is directed to 
     review the Sentencing Guidelines as they apply to threats 
     punishable under section 115 of title 18, United States Code, 
     that occur over the Internet, and determine whether and by 
     how much that circumstance should aggravate the punishment 
     pursuant to section 994 of title 28, United States Code. In 
     conducting the study, the Commission shall take into 
     consideration the number of such threats made, the intended 
     number of recipients of such threats, and whether the initial 
     senders of such threats were acting in an individual capacity 
     or as part of a larger group.

TITLE III--PROTECTING STATE AND LOCAL JUDGES AND RELATED GRANT PROGRAMS

     SEC. 301. GRANTS TO STATES TO PROTECT WITNESSES AND VICTIMS 
                   OF CRIMES.

       (a) In General.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) by a State, unit of local government, or Indian tribe 
     to create and expand witness and victim protection programs 
     to prevent threats, intimidation, and retaliation against 
     victims of, and witnesses to, violent crimes.''.
       (b) Authorization of Appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     each of the fiscal years 2008 through 2012 to carry out this 
     subtitle.''.

     SEC. 302. ELIGIBILITY OF STATE COURTS FOR CERTAIN FEDERAL 
                   GRANTS.

       (a) Correctional Options Grants.--Section 515 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3762a) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) grants to State courts to improve security for State 
     and local court systems.''; and
       (2) in subsection (b), by adding at the end the following:

     ``Priority shall be given to State court applicants under 
     subsection (a)(4) that have the greatest demonstrated need to 
     provide security in order to administer justice.''.
       (b) Allocations.--Section 516(a) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3762b) is 
     amended--
       (1) by striking ``80'' and inserting ``70'';
       (2) by striking ``and 10'' and inserting ``10''; and

[[Page S15778]]

       (3) by inserting before the period the following: ``, and 
     10 percent for section 515(a)(4)''.
       (c) State and Local Governments To Consider Courts.--The 
     Attorney General may require, as appropriate, that whenever a 
     State or unit of local government or Indian tribe applies for 
     a grant from the Department of Justice, the State, unit, or 
     tribe demonstrate that, in developing the application and 
     distributing funds, the State, unit, or tribe--
       (1) considered the needs of the judicial branch of the 
     State, unit, or tribe, as the case may be;
       (2) consulted with the chief judicial officer of the 
     highest court of the State, unit, or tribe, as the case may 
     be; and
       (3) consulted with the chief law enforcement officer of the 
     law enforcement agency responsible for the security needs of 
     the judicial branch of the State, unit, or tribe, as the case 
     may be.
       (d) Armor Vests.--Section 2501 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ll) 
     is amended--
       (1) in subsection (a), by inserting ``and State and local 
     court officers'' after ``tribal law enforcement officers''; 
     and
       (2) in subsection (b)(1), by inserting ``State or local 
     court,'' after ``government,''.

     SEC. 303. GRANTS TO STATES FOR THREAT ASSESSMENT DATABASES.

       (a) In General.--The Attorney General, through the Office 
     of Justice Programs, shall make grants under this section to 
     the highest State courts in States participating in the 
     program, for the purpose of enabling such courts to establish 
     and maintain a threat assessment database described in 
     subsection (b).
       (b) Database.--For purposes of subsection (a), a threat 
     assessment database is a database through which a State can--
       (1) analyze trends and patterns in domestic terrorism and 
     crime;
       (2) project the probabilities that specific acts of 
     domestic terrorism or crime will occur; and
       (3) develop measures and procedures that can effectively 
     reduce the probabilities that those acts will occur.
       (c) Core Elements.--The Attorney General shall define a 
     core set of data elements to be used by each database funded 
     by this section so that the information in the database can 
     be effectively shared with other States and with the 
     Department of Justice.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2008 through 2011.

                   TITLE IV--LAW ENFORCEMENT OFFICERS

     SEC. 401. REPORT ON SECURITY OF FEDERAL PROSECUTORS.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Attorney General 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 security of assistant United States attorneys 
     and other Federal attorneys arising from the prosecution of 
     terrorists, violent criminal gangs, drug traffickers, gun 
     traffickers, white supremacists, those who commit fraud and 
     other white-collar offenses, and other criminal cases.
       (b) Contents.--The report submitted under subsection (a) 
     shall describe each of the following:
       (1) The number and nature of threats and assaults against 
     attorneys handling prosecutions described in subsection (a) 
     and the reporting requirements and methods.
       (2) The security measures that are in place to protect the 
     attorneys who are handling prosecutions described in 
     subsection (a), including threat assessments, response 
     procedures, availability of security systems and other 
     devices, firearms licensing (deputations), and other measures 
     designed to protect the attorneys and their families.
       (3) The firearms deputation policies of the Department of 
     Justice, including the number of attorneys deputized and the 
     time between receipt of threat and completion of the 
     deputation and training process.
       (4) For each requirement, measure, or policy described in 
     paragraphs (1) through (3), when the requirement, measure, or 
     policy was developed and who was responsible for developing 
     and implementing the requirement, measure, or policy.
       (5) The programs that are made available to the attorneys 
     for personal security training, including training relating 
     to limitations on public information disclosure, basic home 
     security, firearms handling and safety, family safety, mail 
     handling, counter-surveillance, and self-defense tactics.
       (6) The measures that are taken to provide attorneys 
     handling prosecutions described in subsection (a) with secure 
     parking facilities, and how priorities for such facilities 
     are established--
       (A) among Federal employees within the facility;
       (B) among Department of Justice employees within the 
     facility; and
       (C) among attorneys within the facility.
       (7) The frequency attorneys handling prosecutions described 
     in subsection (a) are called upon to work beyond standard 
     work hours and the security measures provided to protect 
     attorneys at such times during travel between office and 
     available parking facilities.
       (8) With respect to attorneys who are licensed under State 
     laws to carry firearms, the policy of the Department of 
     Justice as to--
       (A) carrying the firearm between available parking and 
     office buildings;
       (B) securing the weapon at the office buildings; and
       (C) equipment and training provided to facilitate safe 
     storage at Department of Justice facilities.
       (9) The offices in the Department of Justice that are 
     responsible for ensuring the security of attorneys handling 
     prosecutions described in subsection (a), the organization 
     and staffing of the offices, and the manner in which the 
     offices coordinate with offices in specific districts.
       (10) The role, if any, that the United States Marshals 
     Service or any other Department of Justice component plays in 
     protecting, or providing security services or training for, 
     attorneys handling prosecutions described in subsection (a).

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. EXPANDED PROCUREMENT AUTHORITY FOR THE UNITED 
                   STATES SENTENCING COMMISSION.

       (a) In General.--Section 995 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(f) The Commission may--
       ``(1) use available funds to enter into contracts for the 
     acquisition of severable services for a period that begins in 
     1 fiscal year and ends in the next fiscal year, to the same 
     extent as executive agencies may enter into such contracts 
     under the authority of section 303L of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 253l);
       ``(2) enter into multi-year contracts for the acquisition 
     of property or services to the same extent as executive 
     agencies may enter into such contracts under the authority of 
     section 304B of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 254c); and
       ``(3) make advance, partial, progress, or other payments 
     under contracts for property or services to the same extent 
     as executive agencies may make such payments under the 
     authority of section 305 of the Federal Property and 
     Administrative Services Act of 1949 (41 U.S.C. 255).''.
       (b) Sunset.--The amendment made by subsection (a) shall 
     cease to have force and effect on September 30, 2010.

     SEC. 502. BANKRUPTCY, MAGISTRATE, AND TERRITORIAL JUDGES LIFE 
                   INSURANCE.

       (a) In General.--Section 604(a)(5) of title 28, United 
     States Code, is amended by inserting after ``hold office 
     during good behavior,'' the following: ``magistrate judges 
     appointed under section 631 of this title, and territorial 
     district court judges appointed under section 24 of the 
     Organic Act of Guam (48 U.S.C. 1424b), section 1(b) of the 
     Act of November 8, 1977 (48 U.S.C. 1821), or section 24(a) of 
     the Revised Organic Act of the Virgin Islands (48 U.S.C. 
     1614(a)),''.
       (b) Bankruptcy Judges.--
       (1) In general.--The Director of the Administrative Office 
     of the United States Courts, upon authorization by the 
     Judicial Conference of the United States and subject to the 
     availability of appropriations, shall pay on behalf of 
     bankruptcy judges appointed under section 152 of title 28, 
     United States Code, aged 65 or over, any increases in the 
     cost of Federal Employees' Group Life Insurance imposed after 
     April 24, 1999, including any expenses generated by such 
     payments.
       (2) Implementation.--Any payment authorized by the Judicial 
     Conference of the United States under paragraph (1) shall 
     apply with respect to any payment made on or after the first 
     day of the first applicable pay period beginning on or after 
     the date of that authorization.
       (c) Construction.--For purposes of construing and applying 
     chapter 87 of title 5, United States Code, including any 
     adjustment of insurance rates by regulation or otherwise, the 
     following categories of judicial officers shall be deemed to 
     be judges of the United States as described under section 
     8701 of title 5, United States Code:
       (1) Bankruptcy judges appointed under section 152 of title 
     28, United States Code.
       (2) Magistrate judges appointed under section 631 of title 
     28, United States Code.
       (3) Territorial district court judges appointed under 
     section 24 of the Organic Act of Guam (48 U.S.C. 1424b), 
     section 1(b) of the Act of November 8, 1977 (48 U.S.C. 1821), 
     or section 24(a) of the Revised Organic Act of the Virgin 
     Islands (48 U.S.C. 1614(a)).
       (4) Judges retired under section 377 of title 28, United 
     States Code.
       (5) Judges retired under section 373 of title 28, United 
     States Code.
       (d) Effective Date.--Subsection (c) and the amendment made 
     by subsection (a) shall apply with respect to any payment 
     made on or after the first day of the first applicable pay 
     period beginning on or after the date of enactment of this 
     Act.

     SEC. 503. ASSIGNMENT OF JUDGES.

       Section 296 of title 28, United States Code, is amended by 
     inserting at the end of the second undesignated paragraph the 
     following new sentence: ``However, a district judge who has 
     retired from regular active service under section 371(b) of 
     this title, when designated and assigned to the court to 
     which such judge was appointed, having performed in the 
     preceding calendar year an amount of work equal to or greater 
     than the amount of work an average judge in active service on 
     that court would perform in 6 months, and having elected to 
     exercise such powers, shall

[[Page S15779]]

     have the powers of a judge of that court to participate in 
     appointment of court officers and magistrate judges, 
     rulemaking, governance, and administrative matters.''.

     SEC. 504. SENIOR JUDGE PARTICIPATION IN THE SELECTION OF 
                   MAGISTRATE JUDGES.

       Section 631(a) of title 28, United States Code, is amended 
     by striking ``Northern Mariana Islands'' the first place it 
     appears and inserting ``Northern Mariana Islands (including 
     any judge in regular active service and any judge who has 
     retired from regular active service under section 371(b) of 
     this title, when designated and assigned to the court to 
     which such judge was appointed)''.

     SEC. 505. GUARANTEEING COMPLIANCE WITH PRISONER PAYMENT 
                   COMMITMENTS.

       Section 3624(e) of title 18, United States Code, is amended 
     by striking the last sentence and inserting the following: 
     ``Upon the release of a prisoner by the Bureau of Prisons to 
     supervised release, the Bureau of Prisons shall notify such 
     prisoner, verbally and in writing, of the requirement that 
     the prisoner adhere to an installment schedule, not to exceed 
     2 years except in special circumstances, to pay for any fine 
     imposed for the offense committed by such prisoner, and of 
     the consequences of failure to pay such fines under sections 
     3611 through 3614 of this title.''.

     SEC. 506. STUDY AND REPORT.

       The Attorney General shall study whether the generally open 
     public access to State and local records imperils the safety 
     of the Federal judiciary. Not later than 18 months after the 
     enactment of this Act, the Attorney General shall report to 
     Congress the results of that study together with any 
     recommendations the Attorney General deems necessary.

     SEC. 507. REAUTHORIZATION OF FUGITIVE APPREHENSION TASK 
                   FORCES.

       Section 6(b) of the Presidential Threat Protection Act of 
     2000 (28 U.S.C. 566 note; Public Law 106-544) is amended--
       (1) by striking ``and'' after ``fiscal year 2002,''; and
       (2) by inserting ``, and $10,000,000 for each of fiscal 
     years 2008 through 2012'' before the period.

     SEC. 508. INCREASED PROTECTION OF FEDERAL JUDGES.

       (a) Minimum Document Requirements.--
       (1) Minimum requirements.--For purposes of section 
     202(b)(6) of the REAL ID Act of 2005(49 U.S.C. 30301 note), a 
     State may, in the case of an individual described in 
     subparagraph (A) or (B) of paragraph (2), include in a 
     driver's license or other identification card issued to that 
     individual by the State, the address specified in that 
     subparagraph in lieu of the individual's address of principle 
     residence.
       (2) Individuals and information.--The individuals and 
     addresses referred to in paragraph (1) are the following:
       (A) In the case of a Justice of the United States, the 
     address of the United States Supreme Court.
       (B) In the case of a judge of a Federal court, the address 
     of the courthouse.
       (b) Verification of Information.--For purposes of section 
     202(c)(1)(D) of the REAL ID Act of 2005 (49 U.S.C. 30301 
     note), in the case of an individual described in subparagraph 
     (A) or (B) of subsection (a)(2), a State need only require 
     documentation of the address appearing on the individual's 
     driver's license or other identification card issued by that 
     State to the individual.

     SEC. 509. FEDERAL JUDGES FOR COURTS OF APPEALS.

       (a) In General.--Section 44(a) of title 28, United States 
     Code, is amended in the table--
       (1) in the item relating to the District of Columbia 
     Circuit, by striking ``12'' and inserting ``11''; and
       (2) in the item relating to the Ninth Circuit, by striking 
     ``28'' and inserting ``29''.
       (b) Effective Date.--The amendments made by subsection 
     (a)(2) shall take effect on January 21, 2009.

     SEC. 510. NATIONAL INSTITUTE OF JUSTICE STUDY AND REPORT.

       (a) Study Required.--The Director of the National Institute 
     of Justice (referred to in this section as the ``Director'') 
     shall conduct a study to determine and compile the collateral 
     consequences of convictions for criminal offenses in the 
     United States, each of the 50 States, each territory of the 
     United States, and the District of Columbia.
       (b) Activities Under Study.--In conducting the study under 
     subsection (a), the Director shall identify any provision in 
     the Constitution, statutes, or administrative rules of each 
     jurisdiction described in that subsection that imposes 
     collateral sanctions or authorizes the imposition of 
     disqualifications, and any provision that may afford relief 
     from such collateral sanctions and disqualifications.
       (c) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall submit to Congress 
     a report on the activities carried out under this section.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include a compilation of citations, text, and short 
     descriptions of any provision identified under subsection 
     (b).
       (3) Distribution.--The report submitted under paragraph (1) 
     shall be distributed to the legislature and chief executive 
     of each of the 50 States, each territory of the United 
     States, and the District of Columbia.
       (d) Definitions.--In this section:
       (1) Collateral consequence.--The term ``collateral 
     consequence'' means a collateral sanction or a 
     disqualification.
       (2) Collateral sanction.--The term ``collateral 
     sanction''--
       (A) means a penalty, disability, or disadvantage, however 
     denominated, that is imposed by law as a result of an 
     individual's conviction for a felony, misdemeanor, or other 
     offense, but not as part of the judgment of the court; and
       (B) does not include a term of imprisonment, probation, 
     parole, supervised release, fine, assessment, forfeiture, 
     restitution, or the costs of prosecution.
       (3) Disqualification.--The term ``disqualification'' means 
     a penalty, disability, or disadvantage, however denominated, 
     that an administrative agency, official, or a court in a 
     civil proceeding is authorized, but not required, to impose 
     on an individual convicted of a felony, misdemeanor, or other 
     offense on grounds relating to the conviction.

     SEC. 511. TECHNICAL AMENDMENT.

       Section 2255 of title 28, United States Code, is amended by 
     designating the 8 undesignated paragraphs as subsections (a) 
     through (h), respectively.
                                 ______
                                 
  SA 3869. Mr. DODD (for Mrs. Feinstein) proposed an amendment to the 
bill H.R. 3690, to provide for the transfer of the Library of Congress 
police to the United States Capitol Police, and for other purpose: as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``U.S. Capitol Police and 
     Library of Congress Police Merger Implementation Act of 
     2007''.

     SEC. 2. TRANSFER OF PERSONNEL.

       (a) Transfers.--
       (1) Library of congress police employees.--Effective on the 
     employee's transfer date, each Library of Congress Police 
     employee shall be transferred to the United States Capitol 
     Police and shall become either a member or civilian employee 
     of the Capitol Police, as determined by the Chief of the 
     Capitol Police under subsection (b).
       (2) Library of congress police civilian employees.--
     Effective on the employee's transfer date, each Library of 
     Congress Police civilian employee shall be transferred to the 
     United States Capitol Police and shall become a civilian 
     employee of the Capitol Police.
       (b) Treatment of Library of Congress Police Employees.--
       (1) Determination of status within capitol police.--
       (A) Eligibility to serve as members of the capitol 
     police.--A Library of Congress Police employee shall become a 
     member of the Capitol Police on the employee's transfer date 
     if the Chief of the Capitol Police determines and issues a 
     written certification that the employee meets each of the 
     following requirements:
       (i) Based on the assumption that such employee would 
     perform a period of continuous Federal service after the 
     transfer date, the employee would be entitled to an annuity 
     for immediate retirement under section 8336(b) or 8412(b) of 
     title 5, United States Code (as determined by taking into 
     account paragraph (3)(A)), on the date such employee becomes 
     60 years of age.
       (ii) During the transition period, the employee 
     successfully completes training, as determined by the Chief 
     of the Capitol Police.
       (iii) The employee meets the qualifications required to be 
     a member of the Capitol Police, as determined by the Chief of 
     the Capitol Police.
       (B) Service as civilian employee of capitol police.--If the 
     Chief of the Capitol Police determines that a Library of 
     Congress Police employee does not meet the eligibility 
     requirements, the employee shall become a civilian employee 
     of the Capitol Police on the employee's transfer date.
       (C) Finality of determinations.--Any determination of the 
     Chief of the Capitol Police under this paragraph shall not be 
     appealable or reviewable in any manner.
       (D) Deadline for determinations.--The Chief of the Capitol 
     Police shall complete the determinations required under this 
     paragraph for all Library of Congress Police employees not 
     later than September 30, 2009.
       (2) Exemption from mandatory separation.--Section 8335(c) 
     or 8425(c) of title 5, United States Code, shall not apply to 
     any Library of Congress Police employee who becomes a member 
     of the Capitol Police under this subsection, until the 
     earlier of--
       (A) the date on which the individual is entitled to an 
     annuity for immediate retirement under section 8336(b) or 
     8412(b) of title 5, United States Code; or
       (B) the date on which the individual--
       (i) is 57 years of age or older; and
       (ii) is entitled to an annuity for immediate retirement 
     under section 8336(m) or 8412(d) of title 5, United States 
     Code, (as determined by taking into account paragraph 
     (3)(A)).
       (3) Treatment of prior creditable service for retirement 
     purposes.--
       (A) Prior service for purposes of eligibility for immediate 
     retirement as member of capitol police.--Any Library of 
     Congress Police employee who becomes a member of the Capitol 
     Police under this subsection shall be entitled to have any 
     creditable service under section 8332 or 8411 of title 5, 
     United States Code, that was accrued prior to becoming a 
     member of the Capitol

[[Page S15780]]

     Police included in calculating the employee's service as a 
     member of the Capitol Police for purposes of section 8336(m) 
     or 8412(d) of title 5, United States Code.
       (B) Prior service for purposes of computation of annuity.--
     Any creditable service under section 8332 or 8411 of title 5, 
     United States Code, of an individual who becomes a member of 
     the Capitol Police under this subsection that was accrued 
     prior to becoming a member of the Capitol Police--
       (i) shall be treated and computed as employee service under 
     section 8339 or section 8415 of such title; but
       (ii) shall not be treated as service as a member of the 
     Capitol Police or service as a congressional employee for 
     purposes of applying any formula under section 8339(b), 
     8339(q), 8415(c), or 8415(d) of such title under which a 
     percentage of the individual's average pay is multiplied by 
     the years (or other period) of such service.
       (c) Duties of Employees Transferred to Civilian 
     Positions.--
       (1) Duties.--The duties of any individual who becomes a 
     civilian employee of the Capitol Police under this section, 
     including a Library of Congress Police civilian employee 
     under subsection (a)(2) and a Library of Congress Police 
     employee who becomes a civilian employee of the Capitol 
     Police under subsection (b)(1)(B), shall be determined solely 
     by the Chief of the Capitol Police, except that a Library of 
     Congress Police civilian employee under subsection (a)(2) 
     shall continue to support Library of Congress police 
     operations until all Library of Congress Police employees are 
     transferred to the United States Capitol Police under this 
     section.
       (2) Finality of determinations.--Any determination of the 
     Chief of the Capitol Police under this subsection shall not 
     be appealable or reviewable in any manner.
       (d) Protecting Status of Transferred Employees.--
       (1) Nonreduction in pay, rank, or grade.--The transfer of 
     any individual under this section shall not cause that 
     individual to be separated or reduced in basic pay, rank or 
     grade.
       (2) Leave and compensatory time.--Any annual leave, sick 
     leave, or other leave, or compensatory time, to the credit of 
     an individual transferred under this section shall be 
     transferred to the credit of that individual as a member or 
     an employee of the Capitol Police (as the case may be). The 
     treatment of leave or compensatory time transferred under 
     this section shall be governed by regulations of the Capitol 
     Police Board.
       (3) Prohibiting imposition of probationary period.--The 
     Chief of the Capitol Police may not impose a period of 
     probation with respect to the transfer of any individual who 
     is transferred under this section.
       (e) Rules of Construction Relating to Employee 
     Representation.--
       (1) Employee representation.--Nothing in this Act shall be 
     construed to authorize any labor organization that 
     represented an individual who was a Library of Congress 
     police employee or a Library of Congress police civilian 
     employee before the individual's transfer date to represent 
     that individual as a member of the Capitol Police or an 
     employee of the Capitol Police after the individual's 
     transfer date.
       (2) Agreements not applicable.--Nothing in this Act shall 
     be construed to authorize any collective bargaining agreement 
     (or any related court order, stipulated agreement, or 
     agreement to the terms or conditions of employment) 
     applicable to Library of Congress police employees or to 
     Library of Congress police civilian employees to apply to 
     members of the Capitol Police or to civilian employees of the 
     Capitol Police.
       (f) Rule of Construction Relating to Personnel Authority of 
     the Chief of the Capitol Police.--Nothing in this Act shall 
     be construed to affect the authority of the Chief of the 
     Capitol Police to--
       (1) terminate the employment of a member of the Capitol 
     Police or a civilian employee of the Capitol Police; or
       (2) transfer any individual serving as a member of the 
     Capitol Police or a civilian employee of the Capitol Police 
     to another position with the Capitol Police.
       (g) Transfer Date Defined.--In this Act, the term 
     ``transfer date'' means, with respect to an employee--
       (1) in the case of a Library of Congress Police employee 
     who becomes a member of the Capitol Police, the first day of 
     the first pay period applicable to members of the United 
     States Capitol Police which begins after the date on which 
     the Chief of the Capitol Police issues the written 
     certification for the employee under subsection (b)(1);
       (2) in the case of a Library of Congress Police employee 
     who becomes a civilian employee of the Capitol Police, the 
     first day of the first pay period applicable to employees of 
     the United States Capitol Police which begins after September 
     30, 2009; or
       (3) in the case of a Library of Congress Police civilian 
     employee, the first day of the first pay period applicable to 
     employees of the United States Capitol Police which begins 
     after September 30, 2008.
       (h) Cancellation in Portion of Unobligated Balance of 
     FEDLINK Revolving Fund.--Amounts available for obligation by 
     the Librarian of Congress as of the date of the enactment of 
     this Act from the unobligated balance in the revolving fund 
     established under section 103 of the Library of Congress 
     Fiscal Operations Improvement Act of 2000 (2 U.S.C. 182c) for 
     the Federal Library and Information Network program of the 
     Library of Congress and the Federal Research program of the 
     Library of Congress are reduced by a total of $560,000, and 
     the amount so reduced is hereby cancelled.

     SEC. 3. TRANSITION PROVISIONS.

       (a) Transfer and Allocations of Property and 
     Appropriations.--
       (1) In general.--Effective on the transfer date of any 
     Library of Congress Police employee and Library of Congress 
     Police civilian employee who is transferred under this Act--
       (A) the assets, liabilities, contracts, property, and 
     records associated with the employee shall be transferred to 
     the Capitol Police; and
       (B) the unexpended balances of appropriations, 
     authorizations, allocations, and other funds employed, used, 
     held, arising from, available to, or to be made available in 
     connection with the employee shall be transferred to and made 
     available under the appropriations accounts for the Capitol 
     Police for ``Salaries'' and ``General Expenses'', as 
     applicable.
       (2) Joint review.--During the transition period, the Chief 
     of the Capitol Police and the Librarian of Congress shall 
     conduct a joint review of the assets, liabilities, contracts, 
     property records, and unexpended balances of appropriations, 
     authorizations, allocations, and other funds employed, used, 
     held, arising from, available to, or to be made available in 
     connection with the transfer under this Act.
       (b) Treatment of Alleged Violations of Certain Employment 
     Laws With Respect to Transferred Individuals.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as provided in paragraph (3), in the case of an 
     alleged violation of any covered law (as defined in paragraph 
     (4)) which is alleged to have occurred prior to the transfer 
     date with respect to an individual who is transferred under 
     this Act, and for which the individual has not exhausted all 
     of the remedies available for the consideration of the 
     alleged violation which are provided for employees of the 
     Library of Congress under the covered law prior to the 
     transfer date, the following shall apply:
       (A) The individual may not initiate any procedure which is 
     available for the consideration of the alleged violation of 
     the covered law which is provided for employees of the 
     Library of Congress under the covered law.
       (B) To the extent that the individual has initiated any 
     such procedure prior to the transfer date, the procedure 
     shall terminate and have no legal effect.
       (C) Subject to paragraph (2), the individual may initiate 
     and participate in any procedure which is available for the 
     resolution of grievances of officers and employees of the 
     Capitol Police under the Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.) to provide for consideration of 
     the alleged violation. The previous sentence does not apply 
     in the case of an alleged violation for which the individual 
     exhausted all of the available remedies which are provided 
     for employees of the Library of Congress under the covered 
     law prior to the transfer date.
       (2) Special rules for applying congressional accountability 
     act of 1995.--In applying paragraph (1)(C) with respect to an 
     individual to whom this subsection applies, for purposes of 
     the consideration of the alleged violation under the 
     Congressional Accountability Act of 1995--
       (A) the date of the alleged violation shall be the 
     individual's transfer date;
       (B) notwithstanding the third sentence of section 402(a) of 
     such Act (2 U.S.C. 1402(a)), the individual's request for 
     counseling under such section shall be made not later than 60 
     days after the date of the alleged violation; and
       (C) the employing office of the individual at the time of 
     the alleged violation shall be the Capitol Police Board.
       (3) Exception for alleged violations subject to hearing 
     prior to transfer.--Paragraph (1) does not apply with respect 
     to an alleged violation for which a hearing has commenced in 
     accordance with the covered law on or before the transfer 
     date.
       (4) Covered law defined.--In this subsection, a ``covered 
     law'' is any law for which the remedy for an alleged 
     violation is provided for officers and employees of the 
     Capitol Police under the Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.).
       (c) Availability of Detailees During Transition Period.--
     During the transition period, the Chief of the Capitol Police 
     may detail additional members of the Capitol Police to the 
     Library of Congress, without reimbursement.
       (d) Effect on Existing Memorandum of Understanding.--The 
     Memorandum of Understanding between the Library of Congress 
     and the Capitol Police entered into on December 12, 2004, 
     shall remain in effect during the transition period, subject 
     to--
       (1) the provisions of this Act; and
       (2) such modifications as may be made in accordance with 
     the modification and dispute resolution provisions of the 
     Memorandum of Understanding, consistent with the provisions 
     of this Act.
       (e) Rule of Construction Relating to Personnel Authority of 
     the Librarian of Congress.--Nothing in this Act shall be 
     construed to affect the authority of the Librarian of 
     Congress to--
       (1) terminate the employment of a Library of Congress 
     Police employee or Library of Congress Police civilian 
     employee; or

[[Page S15781]]

       (2) transfer any individual serving in a Library of 
     Congress Police employee position or Library of Congress 
     Police civilian employee position to another position at the 
     Library of Congress.

     SEC. 4. POLICE JURISDICTION, UNLAWFUL ACTIVITIES, AND 
                   PENALTIES.

       (a) Jurisdiction.--
       (1) Extension of capitol police jurisdiction.--Section 9 of 
     the Act entitled ``An Act to define the area of the United 
     States Capitol Grounds, to regulate the use thereof, and for 
     other purposes'', approved July 31, 1946 (2 U.S.C. 1961) is 
     amended by adding at the end the following:
       ``(d) For purposes of this section, `United States Capitol 
     Buildings and Grounds' shall include the Library of Congress 
     buildings and grounds described under section 11 of the Act 
     entitled `An Act relating to the policing of the buildings of 
     the Library of Congress', approved August 4, 1950 (2 U.S.C. 
     167j), except that in a case of buildings or grounds not 
     located in the District of Columbia, the authority granted to 
     the Metropolitan Police Force of the District of Columbia 
     shall be granted to any police force within whose 
     jurisdiction the buildings or grounds are located.''.
       (2) Repeal of library of congress police jurisdiction.--The 
     first section and sections 7 and 9 of the Act of August 4, 
     1950 (2 U.S.C. 167, 167f, 167h) are repealed on October 1, 
     2009.
       (b) Unlawful Activities and Penalties.--
       (1) Extension of united states capitol buildings and 
     grounds provisions to the library of congress buildings and 
     grounds.--
       (A) Capitol buildings.--Section 5101 of title 40, United 
     States Code, is amended by inserting ``all buildings on the 
     real property described under section 5102(d)'' after 
     ``(including the Administrative Building of the United States 
     Botanic Garden)''.
       (B) Capitol grounds.--Section 5102 of title 40, United 
     States Code, is amended by adding at the end the following:
       ``(d) Library of Congress Buildings and Grounds.--
       ``(1) In general.--Except as provided under paragraph (2), 
     the United States Capitol Grounds shall include the Library 
     of Congress grounds described under section 11 of the Act 
     entitled `An Act relating to the policing of the buildings of 
     the Library of Congress', approved August 4, 1950 (2 U.S.C. 
     167j).
       ``(2) Authority of librarian of congress.--Notwithstanding 
     subsections (a) and (b), the Librarian of Congress shall 
     retain authority over the Library of Congress buildings and 
     grounds in accordance with section 1 of the Act of June 29, 
     1922 (2 U.S.C. 141; 42 Stat. 715).''.
       (C) Conforming amendment relating to disorderly conduct.--
     Section 5104(e)(2) of title 40, United States Code, is 
     amended by striking subparagraph (C) and inserting the 
     following:
       ``(C) with the intent to disrupt the orderly conduct of 
     official business, enter or remain in a room in any of the 
     Capitol Buildings set aside or designated for the use of--
       ``(i) either House of Congress or a Member, committee, 
     officer, or employee of Congress, or either House of 
     Congress; or
       ``(ii) the Library of Congress;''.
       (2) Repeal of offenses and penalties specific to the 
     library of congress.--Sections 2, 3, 4, 5, 6, and 8 of the 
     Act of August 4, 1950 (2 U.S.C. 167a, 167b, 167c, 167d, 167e, 
     and 167g) are repealed.
       (3) Suspension of prohibitions against use of library of 
     congress buildings and grounds.--Section 10 of the Act of 
     August 4, 1950 (2 U.S.C. 167i) is amended by striking ``2 to 
     6, inclusive, of this Act'' and inserting ``5103 and 5104 of 
     title 40, United States Code''.
       (4) Conforming amendment to description of library of 
     congress grounds.--Section 11 of the Act of August 4, 1950 (2 
     U.S.C. 167j) is amended--
       (A) in subsection (a), by striking ``For the purposes of 
     this Act the'' and inserting ``The'';
       (B) in subsection (b), by striking ``For the purposes of 
     this Act, the'' and inserting ``The'';
       (C) in subsection (c), by striking ``For the purposes of 
     this Act, the'' and inserting ``The''; and
       (D) in subsection (d), by striking ``For the purposes of 
     this Act, the'' and inserting ``The''.
       (c) Conforming Amendment Relating to Jurisdiction of 
     Inspector General of Library of Congress.--Section 1307(b)(1) 
     of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 
     185(b)), is amended by striking the semicolon at the end and 
     inserting the following: ``, except that nothing in this 
     paragraph may be construed to authorize the Inspector General 
     to audit or investigate any operations or activities of the 
     United States Capitol Police;''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect October 1, 2009.

     SEC. 5. COLLECTIONS, PHYSICAL SECURITY, CONTROL, AND 
                   PRESERVATION OF ORDER AND DECORUM WITHIN THE 
                   LIBRARY.

       (a) Establishment of Regulations.--The Librarian of 
     Congress shall establish standards and regulations for the 
     physical security, control, and preservation of the Library 
     of Congress collections and property, and for the maintenance 
     of suitable order and decorum within Library of Congress.
       (b) Treatment of Security Systems.--
       (1) Responsibility for security systems.--In accordance 
     with the authority of the Capitol Police and the Librarian of 
     Congress established under this Act, the amendments made by 
     this Act, and the provisions of law referred to in paragraph 
     (3), the Chief of the Capitol Police and the Librarian of 
     Congress shall be responsible for the operation of security 
     systems at the Library of Congress buildings and grounds 
     described under section 11 of the Act of August 4, 1950, in 
     consultation and coordination with each other, subject to the 
     following:
       (A) The Librarian of Congress shall be responsible for the 
     design of security systems for the control and preservation 
     of Library collections and property, subject to the review 
     and approval of the Chief of the Capitol Police.
       (B) The Librarian of Congress shall be responsible for the 
     operation of security systems at any building or facility of 
     the Library of Congress which is located outside of the 
     District of Columbia, subject to the review and approval of 
     the Chief of the Capitol Police.
       (2) Initial proposal for operation of systems.--Not later 
     than October 1, 2008, the Chief of the Capitol Police, in 
     coordination with the Librarian of Congress, shall prepare 
     and submit to the Committee on House Administration of the 
     House of Representatives, the Committee on Rules and 
     Administration of the Senate, and the Committees on 
     Appropriations of the House of Representatives and the Senate 
     an initial proposal for carrying out this subsection.
       (3) Provisions of law.--The provisions of law referred to 
     in this paragraph are as follows:
       (A) Section 1 of the Act of June 29, 1922 (2 U.S.C. 141).
       (B) The undesignated provision under the heading ``General 
     Provision, This Chapter'' in chapter 5 of title II of 
     division B of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (2 U.S.C. 141a).
       (C) Section 308 of the Legislative Branch Appropriations 
     Act, 1996 (2 U.S.C. 1964).
       (D) Section 308 of the Legislative Branch Appropriations 
     Act, 1997 (2 U.S.C. 1965).

     SEC. 6. PAYMENT OF CAPITOL POLICE SERVICES PROVIDED IN 
                   CONNECTION WITH RELATING TO LIBRARY OF CONGRESS 
                   SPECIAL EVENTS.

       (a) Payments of Amounts Deposited in Revolving Fund.--
     Section 102(e) of the Library of Congress Fiscal Operations 
     Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read 
     as follows:
       ``(e) Use of Amounts.--
       ``(1) In general.--Except as provided in paragraph (2), 
     amounts in the accounts of the revolving fund under this 
     section shall be available to the Librarian, in amounts 
     specified in appropriations Acts and without fiscal year 
     limitation, to carry out the programs and activities covered 
     by such accounts.
       ``(2) Special rule for payments for certain capitol police 
     services.--In the case of any amount in the revolving fund 
     consisting of a payment received for services of the United 
     States Capitol Police in connection with a special event or 
     program described in subsection (a)(4), the Librarian shall 
     transfer such amount upon receipt to the Capitol Police for 
     deposit into the applicable appropriations accounts of the 
     Capitol Police.''.
       (b) Use of Other Library Funds To Make Payments.--In 
     addition to amounts transferred pursuant to section 102(e)(2) 
     of the Library of Congress Fiscal Operations Improvement Act 
     of 2000 (as added by subsection (a)), the Librarian of 
     Congress may transfer amounts made available for salaries and 
     expenses of the Library of Congress during a fiscal year to 
     the applicable appropriations accounts of the United States 
     Capitol Police in order to reimburse the Capitol Police for 
     services provided in connection with a special event or 
     program described in section 102(a)(4) of such Act.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to services provided by the United 
     States Capitol Police on or after the date of the enactment 
     of this Act.

     SEC. 7. OTHER CONFORMING AMENDMENTS.

       (a) In General.--Section 1015 of the Legislative Branch 
     Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 
     1006 of the Legislative Branch Appropriations Act, 2004 (2 
     U.S.C. 1901 note; Public Law 108-83; 117 Stat. 1023) are 
     repealed.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect October 1, 2009.

     SEC. 8. DEFINITIONS.

       In this Act--
       (1) the term ``Act of August 4, 1950'' means the Act 
     entitled ``An Act relating to the policing of the buildings 
     and grounds of the Library of Congress,'' (2 U.S.C. 167 et 
     seq.);
       (2) the term ``Library of Congress Police employee'' means 
     an employee of the Library of Congress designated as police 
     under the first section of the Act of August 4, 1950 (2 
     U.S.C. 167);
       (3) the term ``Library of Congress Police civilian 
     employee'' means an employee of the Library of Congress 
     Office of Security and Emergency Preparedness who provides 
     direct administrative support to, and is supervised by, the 
     Library of Congress Police, but shall not include an employee 
     of the Library of Congress who performs emergency 
     preparedness or collections control and preservation 
     functions; and
       (4) the term ``transition period'' means the period the 
     first day of which is the date of the enactment of this Act 
     and the final day of which is September 30, 2009.




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