[Congressional Record (Bound Edition), Volume 152 (2006), Part 10]
[Senate]
[Pages 14172-14185]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4581. Mr. OBAMA (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 98, line 6, before the period insert the following: 
     ``: Provided further, That the Director of the Federal 
     Emergency Management Agency shall designate the Illinois 
     Mutual Aid Box Alarm System Urban Search and Rescue Team as 
     part of the National Urban Search and Rescue Response 
     System''.
                                 ______
                                 
  SA 4582. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed by her to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. The Assistant Secretary of Homeland Security 
     (Transportation Security Administration) shall not modify the 
     list of items prohibited from being carried aboard a 
     passenger aircraft operated by an air carrier or foreign air 
     carrier in air transportation or intrastate air 
     transportation set forth in section 1540 of title 49, Code of 
     Federal Regulations, so as to permit any item contained on 
     the list as of December 1, 2005, to be carried aboard a 
     passenger aircraft.
                                 ______
                                 
  SA 4583. Mr. COLEMAN (for himself and Ms. Collins, Ms. Stabenow, Ms. 
Snowe, and Mr. Jeffords) submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 124, strike line 1 and all that follows 
     through page 126, line 20, and insert the following:
       Sec. 538. Section 7209(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note) is amended to read as follows:
       ``(b) Passports, Other Travel Documents, and Demonstration 
     Programs.--
       ``(1) Development of plan and implementation.--
       ``(A) In general.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, shall develop and 
     implement a plan as expeditiously as possible to require a 
     passport or other document, or combination of documents, 
     including a passport card, deemed by the Secretary of 
     Homeland Security to be sufficient to denote identity and 
     citizenship, for all travel into the United States by United 
     States citizens and by categories of individuals for whom 
     documentation requirements have previously been waived under 
     section 212(d)(4)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(d)(4)(B)). This plan shall be implemented not 
     later than 3 months after the Secretary of State and the 
     Secretary of Homeland Security make the certifications 
     required in subparagraph (B), or June 1, 2009, whichever is 
     earlier. The plan shall seek to expedite the travel of 
     frequent travelers, including those who reside in border 
     communities, and in doing so, shall make readily available a 
     registered traveler program (as described in section 
     7208(k)).
       ``(B) Certification.--The Secretary of Homeland Security 
     and the Secretary of State shall jointly certify to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives that the 
     following criteria have been met--
       ``(i) the National Institutes of Standards and Technology 
     has certified that the card architecture meets the 
     International Organization for Standardization ISO 14443 
     security standards, or justifies a deviation from such 
     standard;
       ``(ii) the technology to be used by the United States for 
     the passport card, and any subsequent change to that 
     technology, has been shared with the governments of Canada 
     and Mexico;
       ``(iii) an agreement has been reached with the United 
     States Postal Service on the fee to be charged to an 
     individual for processing of the passport card, and a 
     detailed justification has been submitted to the Committee on 
     Appropriations of the Senate and the Committee on 
     Appropriations of the House of Representatives;
       ``(iv) an alternative procedure has been developed for 
     groups of children traveling across an international border 
     under adult supervision with parental consent;
       ``(v) the necessary technological infrastructure to process 
     the passport cards has been installed, and all employees at 
     ports of entry have been properly trained in the use of the 
     new technology;
       ``(vi) the passport card has been made available for the 
     purpose of international travel by United States citizens 
     through land and sea ports of entry between the United States 
     and Canada, Mexico, the Caribbean, and Bermuda;
       ``(vii) a single implementation date for sea and land 
     borders has been established; and
       ``(viii) a pilot program has been conducted to demonstrate 
     the effectiveness of the passport card.
       ``(C) Requirement to produce documentation.--The plan 
     developed under subparagraph (A) shall require all United 
     States citizens, and categories of individuals for whom 
     documentation requirements have previously been waived under 
     section 212(d)(4)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(d)(4)(B)), to carry and produce the 
     documentation described in subparagraph (A) when traveling 
     from foreign countries into the United States.
       ``(D) Passport card fees.--
       ``(i) Limitation on fees.--The application fee for a 
     passport card under this paragraph shall be as low as 
     possible and, except as provided in clause (ii), such fee may 
     not exceed $24.
       ``(ii) Exception.--

       ``(I) In general.--The application fee for a passport card 
     under this paragraph may be not exceed $34 if the Secretary 
     of State, the Secretary of Homeland Security, and the 
     Postmaster General jointly certify to Congress that the cost 
     to produce and issue a passport card significantly exceeds 
     $24 and provide to Congress a detailed analysis of such cost.
       ``(II) Audit.--If the fee for a passport card exceeds $24 
     pursuant to subclause (I), the Comptroller General of the 
     United States shall conduct an audit to determine whether 
     passport cards are issued at the lowest possible cost.

       ``(iii) Reduction of fee.--The fee for a passport card 
     shall be reduced for an individual who submits an application 
     for a passport card together with an application for a United 
     States passport.
       ``(iv) Waiver of fee for children.--The fee for a passport 
     card shall be waived for a child under 18 years of age.
       ``(2) Individuals lacking appropriate documentation.--
       ``(A) In general.--In addition to the program described in 
     paragraph (1), the Secretary of Homeland Security shall 
     establish

[[Page 14173]]

     a program that satisfies the requirements of this section--
       ``(i) to permit a citizen of the United States who has not 
     been issued a United States passport or other appropriate 
     travel document to cross the international border and return 
     to the United States within a 72-hour period, on a limited 
     basis, and at no additional fee; or
       ``(ii) to establish a process to ascertain the identity of, 
     and make admissibility determinations for, a citizen 
     described in subclause (i) upon the arrival of such citizen 
     at an international border of the United States.
       ``(B) Grace period.--During a time period determined by the 
     Secretary of Homeland Security, officers of Department of 
     Homeland Security may permit individuals who are citizens of 
     the United States or Canada and who are unaware of the 
     requirements of this section or who otherwise lacking 
     appropriate documentation, to enter the United States upon a 
     demonstration of citizenship satisfactory to the officer and 
     shall educate such individuals about documentary 
     requirements.
       ``(3) State enrollment demonstration programs.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Secretary of State and the Secretary of Homeland 
     Security shall enter into a memorandum of understanding with 
     1 or more appropriate States to carry out at least 1 
     demonstration program as follows:
       ``(i) A State may include an individual's United States 
     citizenship status on a driver's license which meets the 
     requirements of section 202 of the REAL ID Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       ``(ii) The Secretary of State shall develop a mechanism to 
     communicate with a participating State to verify the United 
     States citizenship status of an applicant who voluntarily 
     seeks to have the applicant's United States citizenship 
     status included on a driver's license.
       ``(iii) All information collected about the individual 
     shall be managed exclusively in the same manner as 
     information collected through the passport application 
     process and no other distribution or use of such information 
     shall be permitted.
       ``(iv) A State may not require an individual to include the 
     individual's citizenship status on a driver's license.
       ``(v) Notwithstanding any other provision of law, a 
     driver's license which meets the requirements of this 
     subparagraph shall be deemed to be sufficient documentation 
     to permit the bearer to enter the United States from Canada 
     or Mexico through not less than at least 1 designated 
     international border crossing in each State participating in 
     the demonstration program.
       ``(B) Authority to expand.--The Secretary of State and the 
     Secretary of Homeland Security may expand the use of 
     demonstration programs under this paragraph so that such 
     program is carried out in additional States, through 
     additional ports of entry, for additional foreign countries, 
     and in a manner that permits the use of additional types of 
     identification documents to prove identity under the program.
       ``(C) Study.--Not later than 6 months after the date that 
     the demonstration program under this paragraph is 
     implemented, the Comptroller General of the United States 
     shall conduct a study of--
       ``(i) the cost of the production and issuance of documents 
     that meet the requirements of the program compared with other 
     travel documents;
       ``(ii) the impact of the program on the flow of cross-
     border traffic and the economic impact of the program; and
       ``(iii) the security of travel documents that meet the 
     requirements of the program compared with other travel 
     documents.
       ``(D) Rule of construction.--Nothing in this paragraph 
     shall have the effect of creating a national identity card.
       ``(4) Reciprocity with canada.--Notwithstanding any other 
     provision of law, if the Secretary of State and the Secretary 
     of Homeland Security certify that certain identity documents 
     issued by Canada (or any of its provinces) meet security and 
     citizenship standards comparable to the requirements 
     described in paragraph (1), the Secretary may determine that 
     such documents are sufficient to permit entry into the United 
     States. The Secretary of Homeland Security shall work, to the 
     maximum extent possible, to ensure that identification 
     documents issued by Canada that permit entry into the United 
     States under this subparagraph contain the same technology as 
     identification documents issued by the United States (or any 
     State).
       ``(5) Additional pilot programs.--To the maximum extent 
     possible, the Secretary of Homeland Security shall seek to 
     conduct pilot programs related to passport cards issued 
     pursuant to this subsection and the demonstration programs 
     described in this subsection at ports of entry located on the 
     international border between the United States and Canada or 
     the international border between the United States and 
     Mexico.
       ``(6) Expansion of nexus and sentri technology.--The 
     Secretary of Homeland Security, in consultation with the 
     appropriate officials of the Government of Canada, shall 
     equip at least 6 additional ports of entry located along the 
     northern international border of the United States with NEXUS 
     technology and 6 additional ports of entry located along the 
     southern international border of the United States with 
     SENTRI technology.
       ``(7) Boat landing programs.--The Secretary of Homeland 
     Security shall conduct and expand trusted traveler programs 
     and pilot programs to facilitate expedited processing of 
     United States citizens returning from pleasure craft trips in 
     Canada, Mexico, the Caribbean, or Bermuda. The Secretary 
     shall conduct one such program in Florida that is modeled on 
     the Department of Homeland Security's Canadian Border Boat 
     Landing (I-68) Program.
       ``(8) Public information.--The Secretary of State, in 
     consultation with the Secretary of Homeland Security, shall 
     develop and implement an outreach plan to inform United 
     States citizens of the initiatives and programs carried out 
     under this subsection and of the other provisions of this 
     Act, to facilitate the acquisition of appropriate 
     documentation to travel to Canada, Mexico, the countries 
     located in the Caribbean, and Bermuda, and to educate United 
     States citizens who are unaware of the requirements for such 
     travel. Such outreach plan should include--
       ``(A) written notifications posted at or near public 
     facilities, including border crossings, schools, libraries, 
     Amtrak stations, and United States Post Offices located 
     within 50 miles of the international border between the 
     United States and Canada or the international border between 
     the United States and Mexico and other ports of entry;
       ``(B) provisions to seek consent to post such notifications 
     on commercial property, such as offices of State departments 
     of motor vehicles, gas stations, supermarkets, convenience 
     stores, hotels, and travel agencies;
       ``(C) the collection and analysis of data to measure the 
     success of the public promotion plan; and
       ``(D) additional activities that the Secretary of State 
     determines are appropriate.''.
                                 ______
                                 
  SA 4584. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) The Comptroller General of the United States, 
     in consultation with the Secretary of Homeland Security, 
     shall conduct a study to examine the feasibility of 
     establishing a northern border training facility at Rainy 
     River Community College in International Falls, Minnesota to 
     carry out the training programs described in this subsection.
       (b) The training facility should be designed to allow the 
     Secretary to conduct a variety of supplemental and periodic 
     training programs for border security personnel stationed 
     along the northern international border between the United 
     States and Canada.
       (c) The training curriculum, as determined by the 
     Secretary, would be offered at the training facility through 
     multi-day training programs involving classroom and real-
     world applications, and would include training in--
       (1) a variety of disciplines relating to offensive and 
     defensive skills for personnel and vehicle safety, 
     including--
       (A) firearms and weapons;
       (B) self defense;
       (C) search and seizure;
       (D) defensive and high speed driving;
       (E) mobility training;
       (F) the use of all-terrain vehicles, watercraft, aircraft 
     and snowmobiles; and
       (G) safety issues related to biological and chemical 
     hazards;
       (2) technology upgrades and integration; and
       (3) matters relating directly to terrorist threats and 
     issues, including--
       (A) profiling;
       (B) changing tactics;
       (C) language;
       (D) culture; and
       (E) communications.
                                 ______
                                 
  SA 4585. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       After section 539, insert the following:
       Sec. 540. None of the amounts available or otherwise 
     available to the Coast Guard under title II of this Act under 
     the heading ``United States Coast Guard'' under the heading 
     ``operating expenses'' may be obligated or expended for the 
     continuation of operations at Long Range Aids to Navigation 
     (LORAN) stations nationwide.
                                 ______
                                 
  SA 4586. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of

[[Page 14174]]

Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. None of the funds appropriated under this Act may 
     be used to promulgate regulations to implement the plan 
     developed under section 7209(b) of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1185 note) unless the 
     fee charged for a PASS card or any other acceptable border 
     crossing document issued by the Department of State or the 
     Department of Homeland Security pursuant to that plan is--
       (1) not more than $20 per document; and
       (2) waived for all children under the age of 18.
                                 ______
                                 
  SA 4587. Mr. SCHUMER (for himself, Mr. Menendez, Mrs. Clinton, Mrs. 
Boxer, and Mr. Reed) submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$2,693,500,000''.
       On page 91, line 22, strike ``$1,172,000,000'' and insert 
     ``$1,472,000,000''.
       On page 92, line 13, strike ``$150,000,000'' and insert 
     ``$450,000,000''.
       On page 92, line 16, insert ``: Provided, That not less 
     than $50,000,000 shall be made available for grants for 
     transit and intercity passenger rail security research and 
     development: Provided further, That not less than $50,000,000 
     shall be made available for grants for overtime compensation 
     in high threat areas'' after ``transit security grants: 
     Provided further, That the amount provided under this 
     subparagraph is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 83 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2007, 
     as made applicable in the Senate by section 7035 of Public 
     Law 109-234'' after ``security grants''.
                                 ______
                                 
  SA 4588. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 80, line 19, strike ``$37,200,000, to remain 
     available until September 30, 2008.'' and insert 
     ``$87,200,000, to remain available until September 30, 2008, 
     of which $50,000,000 shall be made available to develop and 
     implement a system, either directly or by providing technical 
     and financial assistance to motor carriers through a 
     competitive grant program, to enable motor carriers and the 
     Department of Homeland Security to immediately identify the 
     exact location of a commercial motor vehicle carrying a 
     hazardous materials shipment (as defined in section 385.403 
     of title 49, Code of Federal Regulations): Provided, That the 
     amount provided under this header is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     83 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2007, as made applicable in the Senate by 
     section 7035 of Public Law 109-234.''.
                                 ______
                                 
  SA 4589. Mr. COBURN proposed an amendment to the bill H.R. 5441, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the appropriate place, add the following:
       Notwithstanding any other provision of this act, the amount 
     made available in title III of this Act under the heading 
     ``Office for Domestic Preparedness, State and Local 
     Programs'' is reduced by $25,000,000 and the amount made 
     available under such heading for ``training, exercises, 
     technical assistance, and other programs'' is reduced by 
     $25,000,000.
                                 ______
                                 
  SA 4590. Mr. COBURN proposed an amendment to the bill H.R. 5441, 
making appropriations for the Department of Homeland Security for the 
fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       On page 127, between lines 2 and 3 insert the following:
       Sec. __. Notwithstanding any other provision of this Act, 
     $1,000,000 shall be made available from appropriations for 
     training, exercises, technical assistance, and other programs 
     under paragraph (4) under the subheading ``state and local 
     programs'' under the heading ``Office for Domestic 
     Preparedness'' under title III, for the Chief Financial 
     Officer of the Department of Homeland Security to ensure 
     compliance with the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note).
                                 ______
                                 
  SA 4591. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Cornyn, Mrs. 
Hutchison) proposed an amendment to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; as follows:

       On page 127, between lines 2 and 3, insert the following:

              TITLE VI--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2006''

     SEC. 602. FINDINGS.

       Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of undocumented persons and illegal drugs 
     into the United States.
       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The Southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest Border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with Mexico. Many of the local law 
     enforcement agencies located along the border are small, 
     rural departments charged with patrolling large areas of 
     land. Counties along the Southwest United States-Mexico 
     border are some of the poorest in the country and lack the 
     financial resources to cover the additional costs associated 
     with illegal immigration, drug trafficking, and other border-
     related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region

     SEC. 603. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--

[[Page 14175]]

       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.

     SEC. 604. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 4592. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) The Transportation Security Administration 
     shall require each air carrier and foreign air carrier that 
     provides air transportation or intrastate air transportation 
     to submit plans to the Transportation Security Administration 
     on how such air carrier will participate in the voluntary 
     provision of emergency services program established by 
     section 44944(a) of title 49, United States Code.
       (b)(1) Not more than 90 days after the date of the 
     enactment of this Act, the Transportation Security 
     Administration shall prepare a report that contains the 
     following:
       (A) Procedures that qualified individuals need to follow in 
     order to participate in the program described in subsection 
     (a).
       (B) Relevant contacts for individuals interested in 
     participating in the program described in subsection (a).
       (2) The Transportation Security Administration shall make 
     the report required by paragraph (1) available, by Internet 
     web site or other appropriate method, to the following:
       (A) The Congress.
       (B) The emergency response agency of each State.
       (C) The relevant organizations representing individuals to 
     participate in the program.
                                 ______
                                 
  SA 4593. Mr. VOINOVICH (for himself, Mr. Baucus, Mr. Biden, Mr. 
Burns, Ms. Cantwell, Mr. Feingold, Mr. Harkin, Mr. Kennedy, Mr. Kerry, 
Mr. Lieberman, Mrs. Murray, Mr. Pryor, Mr. Roberts, Ms. Stabenow, and 
Ms. Snowe) submitted an amendment intended to be proposed by him to the 
bill H.R. 5441, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 95, line 5, strike ``$205,000,000'' and insert 
     ``$235,000,000''.
       On page 98, line 24, strike ``$1,640,000,000'' and insert 
     ``$1,610,000,000''.
                                 ______
                                 
  SA 4594. Mr. VOINOVICH (for himself, Mr. Baucus, Mr. Biden, Mr. 
Burns, Ms. Cantwell, Ms. Collins, Mr. Feingold, Mr. Harkin, Mr. 
Kennedy, Mr. Kerry, Mr. Lieberman, Mrs. Murray, Mr. Pryor, Mr. Roberts, 
Ms. Stabenow, Ms. Snowe, and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 95, line 5, strike ``$205,000,000'' and insert 
     ``$220,000,000''.
       On page 98, line 24, strike ``$1,640,000,000'' and insert 
     ``$1,625,000,000''.
                                 ______
                                 
  SA 4595. Mr. VOINOVICH (for himself, Mr. Akaka, Mr. Levin, and Mr. 
Obama) submitted an amendment intended to be proposed by him to the 
bill H.R. 5441, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

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

       (a) Establishment and Succession.--Section 103 of the 
     Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by striking ``Deputy 
     Secretary'' and inserting ``Deputy Secretaries'';
       (B) by striking paragraph (7);
       (C) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively; and
       (D) by striking paragraph (1) and inserting the following:
       ``(1) A Deputy Secretary of Homeland Security.
       ``(2) A Deputy Secretary of Homeland Security for 
     Management.''; and
       (2) by adding at the end the following:
       ``(g) Vacancies.--
       ``(1) Vacancy in office of secretary.--
       ``(A) Deputy secretary.--In case of a vacancy in the office 
     of the Secretary, or of the absence or disability of the 
     Secretary, the Deputy Secretary of Homeland Security may 
     exercise all the duties of that office, and for the purpose 
     of section 3345 of title 5, United States Code, the Deputy 
     Secretary of Homeland Security is the first assistant to the 
     Secretary.
       ``(B) Deputy secretary for management.--When by reason of 
     absence, disability, or vacancy in office, neither the 
     Secretary nor the Deputy Secretary of Homeland Security is 
     available to exercise the duties of the office of the 
     Secretary, the Deputy Secretary of Homeland Security for 
     Management shall act as Secretary.
       ``(2) Vacancy in office of deputy secretary.--In the case 
     of a vacancy in the office of the Deputy Secretary of 
     Homeland Security, or of the absence or disability of the 
     Deputy Secretary of Homeland Security, the Deputy Secretary 
     of Homeland Security for Management may exercise all the 
     duties of that office.
       ``(3) Further order of succession.--The Secretary may 
     designate such other officers of the Department in further 
     order of succession to act as Secretary.''.
       (b) Responsibilities.--Section 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 341) is amended--
       (1) in the section heading, by striking ``UNDER SECRETARY'' 
     and inserting ``DEPUTY SECRETARY OF HOMELAND SECURITY'';
       (2) in subsection (a)--
       (A) by inserting ``The Deputy Secretary of Homeland 
     Security for Management shall serve as the Chief Management 
     Officer and principal advisor to the Secretary on matters 
     related to the management of the Department, including 
     management integration and transformation in support of 
     homeland security operations and programs.'' before ``The 
     Secretary'';
       (B) by striking ``Under Secretary for Management'' and 
     inserting ``Deputy Secretary of Homeland Security for 
     Management'';
       (C) by striking paragraph (7) and inserting the following:
       ``(7) Strategic planning and annual performance planning 
     and identification and tracking of performance measures 
     relating to the responsibilities of the Department.''; and
       (D) by striking paragraph (9), and inserting the following:
       ``(9) The integration and transformation process, to ensure 
     an efficient and orderly

[[Page 14176]]

     consolidation of functions and personnel to the Department, 
     including the development of a management integration 
     strategy for the Department.''; and
       (3) in subsection (b)--
       (A) in paragraph (1), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''; and
       (B) in paragraph (2), by striking ``Under Secretary for 
     Management'' and inserting ``Deputy Secretary of Homeland 
     Security for Management''.
       (c) Appointment, Evaluation, and Reappointment.--Section 
     701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as 
     amended by this Act, is further amended by adding at the end 
     the following:
       ``(c) Appointment, Evaluation, and Reappointment.--The 
     Deputy Secretary of Homeland Security for Management--
       ``(1) shall be appointed by the President, by and with the 
     advice and consent of the Senate, from among persons who 
     have--
       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results;
       ``(2) shall--
       ``(A) serve for a term of 5 years; and
       ``(B) be subject to removal by the President if the 
     President--
       ``(i) finds that the performance of the Deputy Secretary of 
     Homeland Security for Management is unsatisfactory; and
       ``(ii) communicates the reasons for removing the Deputy 
     Secretary of Homeland Security for Management to Congress 
     before such removal;
       ``(3) may be reappointed in accordance with paragraph (1), 
     if the Secretary has made a satisfactory determination under 
     paragraph (5) for the 3 most recent performance years;
       ``(4) shall enter into an annual performance agreement with 
     the Secretary that shall set forth measurable individual and 
     organizational goals; and
       ``(5) shall be subject to an annual performance evaluation 
     by the Secretary, who shall determine as part of each such 
     evaluation whether the Deputy Secretary of Homeland Security 
     for Management has made satisfactory progress toward 
     achieving the goals set out in the performance agreement 
     required under paragraph (4).''.
       (d) Incumbent.--The individual who serves in the position 
     of Under Secretary for Management of the Department of 
     Homeland Security on the date of enactment of this Act--
       (1) may perform all the duties of the Deputy Secretary of 
     Homeland Security for Management at the pleasure of the 
     President, until a Deputy Secretary of Homeland Security for 
     Management is appointed in accordance with subsection (c) of 
     section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
     341), as added by this Act; and
       (2) may be appointed Deputy Secretary of Homeland Security 
     for Management, if such appointment is otherwise in 
     accordance with sections 103 and 701 of the Homeland Security 
     Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.
       (e) References.--References in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Under 
     Secretary for Management of the Department of Homeland 
     Security shall be deemed to refer to the Deputy Secretary of 
     Homeland Security for Management.
       (f) Technical and Conforming Amendments.--
       (1) Other reference.--Section 702(a) of the Homeland 
     Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking 
     ``Under Secretary for Management'' and inserting ``Deputy 
     Secretary of Homeland Security for Management''.
       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) 
     is amended by striking the item relating to section 701 and 
     inserting the following:

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

       (3) Executive schedule.--Section 5313 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Deputy Secretary of Homeland Security the following:
       ``Deputy Secretary of Homeland Security for Management.''.

                                 ______
                                 
  SA 4596. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

      TITLE VI--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

     SEC. 601. SHORT TITLE.

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

     SEC. 602. DEFINITIONS.

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

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

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

     SEC. 604. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement to Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the Bureau of Customs and Border Protection in accordance 
     with the matter relating to the ports of entry infrastructure 
     assessment that is set out in the joint explanatory statement 
     in the conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, on page 67) and submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Under Secretary, and the 
     Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 605; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 605. NATIONAL LAND BORDER SECURITY PLAN.

       (a) In General.--Not later than January 31 of each year, 
     the Under Secretary, after consultation with the Under 
     Secretary for Information Analysis and Infrastructure 
     Protection and representatives of Federal, State, and local 
     law enforcement agencies and private entities that are 
     involved in international trade across the northern border or 
     the southern border, shall submit a National Land Border 
     Security Plan to Congress.
       (b) Vulnerability Assessment.--
       (1) In general.--The plan required in subsection (a) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (2) Port security coordinators.--The Under Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--

[[Page 14177]]

       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required in subsection (a).

     SEC. 606. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Under Secretary, shall develop a plan to expand the size 
     and scope, including personnel, of the Customs-Trade 
     Partnership Against Terrorism programs along the northern 
     border and southern border, including--
       (A) the Business Anti-Smuggling Coalition;
       (B) the Carrier Initiative Program;
       (C) the Americas Counter Smuggling Initiative;
       (D) the Container Security Initiative;
       (E) the Free and Secure Trade Initiative; and
       (F) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commissioner shall implement, on a demonstration basis, at 
     least 1 Customs-Trade Partnership Against Terrorism program, 
     which has been successfully implemented along the northern 
     border, along the southern border.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security.

     SEC. 607. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

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

     SEC. 608. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) such sums as may be necessary for the fiscal years 2008 
     through 2012 to carry out section 603;
       (2) such sums as may be necessary for the fiscal years 2008 
     through 2012 to carry out the provisions of section 604(a);
       (3) to carry out section 604(d)--
       (A) $100,000,000 for each of the fiscal years 2008 through 
     2012; and
       (B) such sums as may be necessary in any succeeding fiscal 
     year;
       (4) to carry out section 606(a)--
       (A) $30,000,000 for fiscal year 2008, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in section 606(a)(2); and
       (B) such sums as may be necessary for the fiscal years 2009 
     through 2012; and
       (5) to carry out section 606(b)--
       (A) $5,000,000 for fiscal year 2008; and
       (B) such sums as may be necessary for the fiscal years 2009 
     through 2012; and
       (6) to carry out section 607, provided that not more than 
     $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any fiscal year--
       (A) $50,000,000 for fiscal year 2008; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2009 through 2012.
       (b) International Agreements.--Amounts authorized to be 
     appropriated under this title may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this title.
                                 ______
                                 
  SA 4597. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) None of the funds made available in this Act 
     may be used to prohibit a Mexican national described in 
     section 212.1(c)(1)(i) of title 8 of the Code of Federal 
     Regulations (as in effect on the date of the enactment of 
     this Act), from traveling in the United States within 100 
     miles of an international border.
       (b) The Secretary of Homeland Security may permit a Mexican 
     national described in subsection (a) to travel beyond the 
     limits specified in such subsection.
                                 ______
                                 
  SA 4598. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. EXPANSION OF THE NATIONAL INFRASTRUCTURE SIMULATION 
                   AND ANALYSIS CENTER.

       (a) Definitions.--In this section:
       (1) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given the term in section 
     1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
       (2) Emergency and major disaster.--The terms ``emergency'' 
     and ``major disaster'' have the meanings given the terms in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
       (3) National infrastructure simulation and analysis 
     center.--The term ``National Infrastructure Simulation and 
     Analysis Center'' means the National Infrastructure 
     Simulation and Analysis Center established under section 
     1016(d) of the USA PATRIOT Act (42 U.S.C. 5195c(d)).
       (4) National response plan.--The term ``National Response 
     Plan'' means the National Response Plan developed under 
     section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 
     312(6)), or any successor plan.
       (5) Protect.--The term ``protect'' means to reduce the 
     vulnerability of critical infrastructure in order to deter, 
     mitigate, or neutralize an emergency, major disaster, 
     terrorist attack, or other catastrophic event.
       (b) Expansion of Authority.--
       (1) In general.--The National Infrastructure Simulation and 
     Analysis Center shall serve as a source of national 
     competence to address critical infrastructure protection and 
     continuity through support for activities related to an 
     emergency, major disaster, terrorist attack, or other 
     catastrophic event.
       (2) National response plan.--The Secretary of Homeland 
     Security shall ensure

[[Page 14178]]

     that the National Response Plan directs the National 
     Infrastructure Simulation and Analysis Center to--
       (A) identify critical infrastructure that may be at risk 
     during an emergency, major disaster, terrorist attack, or 
     other catastrophic event; and
       (B) develop plans to protect the critical infrastructure 
     described in subparagraph (A).
       (3) Infrastructure modeling.--
       (A) In general.--The National Infrastructure Simulation and 
     Analysis Center is the primary agency of the Federal 
     Government for modeling and analysis of infrastructure 
     preparedness, response, and recovery activities.
       (B) Information from other agencies.--Each Federal agency 
     and department shall provide the National Infrastructure 
     Simulation and Analysis Center with any modeling, simulation, 
     analysis, or data relating to infrastructure preparedness, 
     response, or recovery activities available to such agency or 
     department.
       (C) Analysis.--The National Infrastructure Simulation and 
     Analysis Center shall--
       (i) analyze all infrastructure modeling provided under 
     subparagraph (B); and
       (ii) on a timely basis, share its analysis with all 
     relevant Federal agencies and departments.
                                 ______
                                 
  SA 4599. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 66, line 11, insert ``: Provided further, That of 
     the total amount provided, not less than $41,749,000 shall be 
     made available for the human resources management system'' 
     before the period.
                                 ______
                                 
  SA 4600. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 98, line 24, strike ``$1,640,000,000'' and insert 
     ``$1,941,390,000, of which $301,390,000 is designated as an 
     emergency requirement pursuant to section 402 of S. Con. Res. 
     83 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2007, as made applicable in the Senate by 
     section 7035 of Public Law 109-234,''.
                                 ______
                                 
  SA 4601. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

                     TITLE VI--HIGH RISK PROTECTION

     SEC. 601. FUNDING FOR THE URBAN AREA SECURITY INITIATIVE 
                   GRANT PROGRAM.

       (a) In General.--
       (1) Allocation based on risk only.--Notwithstanding any 
     other provision of law, no amounts appropriated to the 
     Department for the Urban Area Security Initiative Grant 
     Program may be allocated by the Secretary of Homeland 
     Security to a high-threat area unless such area meets the 
     conditions described in paragraph (2).
       (2) Determination of high-threat areas.--The conditions 
     referred to in this paragraph are as follows:
       (A) Mandatory conditions.--The area shall contain critical 
     infrastructure, including--
       (i) skyscrapers and large commercial buildings;
       (ii) transportation assets, including rail and mass 
     transit, bridges and tunnels, and airports;
       (iii) commuting populations;
       (iv) a national monument or icon;
       (v) a nuclear power plant or nonpower reactor;
       (vi) a seaport;
       (vii) a chemical facility;
       (viii) a military facility;
       (ix) a Federal facility;
       (x) a dam;
       (xi) a nonnuclear electric power plant;
       (xii) a food or agriculture center;
       (xiii) an oil or natural gas refinery or pipeline;
       (xiv) a financial center; and
       (xv) a stadium or arena.
       (B) Discretionary conditions.--In addition to the mandatory 
     conditions set forth in subparagraph (A), the Secretary of 
     Homeland Security shall, in determining if funds may be 
     allocated to a high-threat area, consider--
       (i) if the area is located on an international border or 
     coastline, including the number of border crossings; and
       (ii) the population, population density, law enforcement 
     investigative and enforcement activity, and tourism in the 
     area.
       (3) Determination of allocation.--If an area satisfies the 
     conditions described in paragraph (2), the Secretary of 
     Homeland Security in allocating amounts among such high-
     threat areas for the Urban Area Security Initiative Grant 
     Program, shall evaluate all threats (including threats to 
     national monuments and icons) and critical infrastructure 
     vulnerabilities located in such high-threat areas.
       (b) Peer Review.--The Urban Area Security Initiative Grant 
     Program shall not be subject to the peer review process of 
     the Department of Homeland Security.
       (c) Use of Funds.--Notwithstanding any other provision of 
     law, funds made available under the Urban Area Security 
     Initiative Grant Program may be used for overtime and other 
     employment costs directly relating to the prevention of 
     terrorist activities and any other activity determined to be 
     necessary by the Secretary of Homeland Security.
       (d) Reporting Regarding Grants.--Not later than 30 days 
     before making a final allocation of grants to high-threat 
     areas under the Urban Area Security Initiative Program, the 
     Secretary of Homeland Security shall submit to each Member of 
     the Senate and the House of Representatives who represents a 
     high-threat area a report regarding the proposed allocation 
     of funds, including a description of the analysis of critical 
     infrastructure used in making the proposed allocation.

     SEC. 602. REPORTING REGARDING DETERMINATION AND EVALUATION.

       The Secretary of Homeland Security shall submit a report to 
     the Committee on Homeland Security and Government Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Homeland Security and the Committee on 
     Appropriations of the House of Representatives regarding the 
     determination of high-threat areas, evaluation of threats, 
     vulnerabilities, and consequences, and consideration of any 
     previous terrorist attacks under section 601(a).
                                 ______
                                 
  SA 4602. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 93, strike lines 7 and 8 and insert the following:
       (4) $345,000,000 for training, exercises, technical 
     assistance, and other programs: Provided, That not less than 
     $25,000,000 is for technical assistance:
       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. TECHNICAL ASSISTANCE OFFSET.

       The amount made available for each account in title III of 
     this Act (including each subaccount for which a dollar amount 
     is specified, but excluding amounts made available under the 
     heading ``FEDERAL EMERGENCY MANAGEMENT AGENCY'') for which 
     this Act makes available an amount in excess of the amount 
     made available for that account by the Department of Homeland 
     Security Appropriations Act, 2006 (Public Law 109-90; 119 
     Stat. 2064), shall be reduced in an amount equal to 
     $13,500,000 multiplied by a fraction, the numerator of which 
     is the amount of the excess made available by this Act for 
     that account and the denominator of which is the aggregate 
     amount of the excess made available by this Act for all such 
     accounts.
                                 ______
                                 
  SA 4603. Mr. BAUCUS (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish and conduct a pilot program at the Northern 
     Border Air Wing bases of the Office of CBP Air and Marine, 
     United States Customs and Border Protection, to test unmanned 
     aerial vehicles for border surveillance along the 
     international marine and land border between Canada and the 
     United States.
                                 ______
                                 
  SA 4604. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ST. MARY DIVERSION AND CONVEYANCE WORKS EMERGENCY 
                   RESPONSE PLAN.

       (a) Definitions.--In this section:
       (1) Blackfeet reservation.--The term ``Blackfeet 
     Reservation'' means the Blackfeet Indian Reservation of 
     Montana.

[[Page 14179]]

       (2) Blackfeet tribe.--The term ``Blackfeet Tribe'' means 
     the Blackfeet Tribe of the Blackfeet Reservation.
       (3) Catastrophic infrastructure failure.--The term 
     ``catastrophic infrastructure failure'' means a failure of 
     the infrastructure of the St. Mary Diversion and Conveyance 
     Works that causes a significant disruption in the operation 
     of the water system that, if not addressed, would, as 
     determined by the Secretary, pose a serious threat to--
       (A) the lives, health, or property of the residents of the 
     Blackfeet Reservation; or
       (B) the economic or environmental health of--
       (i) the Blackfeet Reservation; or
       (ii) the region served by the Milk River Project.
       (4) Emergency response plan.--The term ``emergency response 
     plan'' means the emergency response plan developed under 
     subsection (b)(1).
       (5) Fund.--The term ``Fund'' means the Emergency Response 
     Plan Fund established by subsection (c)(1).
       (6) Milk river project.--
       (A) In general.--The term ``Milk River Project'' means the 
     Bureau of Reclamation project authorized by the Secretary on 
     March 14, 1903, under the Act of June 17, 1902 (32 Stat. 388, 
     chapter 1093), commencing at Lake Sherburne Reservoir and 
     providing water to a point approximately 6 miles east of 
     Nashua, Montana.
       (B) Inclusions.--The term ``Milk River Project'' includes--
       (i) Swiftcurrent Dike;
       (ii) Lake Sherburne;
       (iii) Nelson and Fresno dams, dikes, and reservoirs;
       (iv) St. Mary, Dodson, Vandalia, and Paradise diversion 
     dams;
       (v) Dodson pumping plant; and
       (vi) miles of associated canals, laterals, and drains.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (8) State.--The term ``State'' means the State of Montana.
       (9) St. mary diversion and conveyance works.--
       (A) In general.--The term ``St. Mary Diversion and 
     Conveyance Works'' means the portion of the Milk River 
     Project authorized by the Secretary on March 25, 1905, under 
     the Act of June 17, 1902 (32 Stat. 388, chapter 1093), that--
       (i) is located within the exterior boundaries of the 
     Blackfeet Reservation; and
       (ii) diverts water from the St. Mary River into the North 
     Fork of the Milk River.
       (B) Inclusions.--The term ``St. Mary Diversion and 
     Conveyance Works'' includes--
       (i) the diversion dam on the St. Mary River;
       (ii) Swiftcurrent Dike;
       (iii) canals;
       (iv) siphons;
       (v) the 5 drop structures; and
       (vi) other associated canal facilities.
       (b) Emergency Response Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in consultation with 
     the Secretary of the Interior, State, local and tribal 
     authorities, and other Milk River Project stakeholders, shall 
     develop and, subject to the availability of funds, implement 
     an emergency response plan to be followed in the event of a 
     catastrophic infrastructure failure.
       (2) Contents.--The emergency response plan shall--
       (A) identify the potential impacts of a catastrophic 
     infrastructure failure on public safety and the environment, 
     with an emphasis on the impacts on any portions of the 
     Blackfeet Reservation in which the St. Mary Diversion and 
     Conveyance Works are located;
       (B) provide a response plan to address the public safety 
     and environmental impacts in the State and the Blackfeet 
     Reservation within a reasonable period following a 
     catastrophic infrastructure failure;
       (C) define the responsibilities of emergency response 
     personnel in the event of a catastrophic infrastructure 
     failure;
       (D) ensure communication and coordination among the 
     Federal, State, tribal, and local agencies and other Milk 
     River Project stakeholders that are responsible for 
     implementing the emergency response plan;
       (E) establish public notification procedures to be carried 
     out in the event of a catastrophic infrastructure failure;
       (F) provide for the repair or replacement of failed 
     infrastructure with components that are compatible with the 
     rehabilitation project;
       (G) include a cost-sharing agreement that--
       (i) specifies the manner in which costs will be shared and 
     any reimbursable amounts will be repaid if the emergency 
     response plan is implemented; and
       (ii) is consistent with paragraph (5); and
       (H) incorporate any other elements that the Secretary, in 
     consultation with the Secretary of the Interior, the State, 
     tribal and local authorities, and other Milk River Project 
     stakeholders, determines would ensure a rapid and effective 
     response to a catastrophic infrastructure failure.
       (3) Title.--Title to all project works and facilities 
     constructed under this section shall be held by the United 
     States.
       (4) Development costs.--Any costs incurred by the Secretary 
     in developing the emergency response plan shall be 
     nonreimbursable.
       (5) Implementation costs.--
       (A) In general.--Except as provided in subparagraph (C), of 
     the total costs of implementing an emergency response plan--
       (i) 45 percent shall be reimbursable; and
       (ii) 55 percent shall be nonreimbursable.
       (B) Reimbursable costs.--
       (i) Federal share.--The Federal share of the total 
     reimbursable costs of implementing an emergency response plan 
     shall be 75 percent.
       (ii) Non-federal share.--The non-Federal share of the total 
     reimbursable costs of implementing an emergency response plan 
     shall be the lesser of--

       (I) the amount that is equal to 25 percent of the total 
     reimbursable costs of implementing an emergency response 
     plan; or
       (II) $25,000,000.

       (C) Blackfeet tribe.--Notwithstanding subparagraph (A), any 
     Federal funds provided for noninfrastructure activities 
     carried out under this subsection on the Blackfeet 
     Reservation are nonreimbursable and nonreturnable to the 
     United States.
       (c) Emergency Response Plan Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, consisting of--
       (A) such amounts as are appropriated to the Fund under 
     subsection (d)(2); and
       (B) any interest earned on investment of amounts in the 
     Fund under paragraph (3).
       (2) Expenditures from fund.--
       (A) In general.--If the Secretary, in consultation with the 
     Secretary of the Interior, determines that a catastrophic 
     infrastructure failure has occurred, the Secretary of the 
     Treasury, on request of the Secretary, shall transfer from 
     the Fund to the Secretary such amounts as the Secretary 
     determines are necessary to implement the emergency response 
     plan.
       (B) Report.--Not later than 60 days after the date on which 
     amounts from the Fund are transferred to the Secretary under 
     subparagraph (A), the Secretary shall submit to the Committee 
     on Energy and Natural Resources and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Homeland Security and the Committee on Resources 
     of the House of Representatives a report that describes--
       (i) the event that triggered the determination that a 
     catastrophic infrastructure failure had occurred;
       (ii) the amount transferred to the Secretary from the Fund;
       (iii) a description of any construction carried out using 
     the amounts transferred; and
       (iv) the estimated cost of completing any construction 
     being carried out under the emergency response plan.
       (3) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Interest-bearing obligations.--Investments may be made 
     only in interest-bearing obligations of the United States.
       (C) Acquisition of obligations.--For the purpose of 
     investments under subparagraph (A), obligations may be 
     acquired--
       (i) on original issue at the issue price; or
       (ii) by purchase of outstanding obligations at the market 
     price.
       (D) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (E) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund.
       (4) Termination of fund.--If the Secretary, in consultation 
     with the Secretary of the Interior, determines that the St. 
     Mary Diversion and Conveyance Works no longer pose an 
     unacceptable risk of catastrophic infrastructure failure--
       (A) the Fund shall be terminated; and
       (B) the unexpended and unobligated balance of the Fund 
     shall be made available for the construction of the 
     rehabilitation project.
       (d) Authorization of Appropriations.--
       (1) Emergency response plan.--There is authorized to be 
     appropriated to carry out subsection (b) $2,000,000.
       (2) Emergency fund.--There is authorized to be appropriated 
     to the Fund $15,000,000.

                                 ______
                                 
  SA 4605. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) For each of the fiscal years of 2007 through 
     2011, as part of the annual performance plan required in the 
     budget submission of the Bureau of Customs and Border 
     Protection under section 1115 of title 31, United States 
     Code, the Commissioner of

[[Page 14180]]

     Customs shall establish performance indicators relating to 
     the seizure of methamphetamine and methamphetamine precursor 
     chemicals in order to evaluate the performance goals of the 
     Bureau with respect to the interdiction of illegal drugs 
     entering the United States.
       (b) Of the amount made available to Customs and Border 
     Protection under title II, $100,000 shall be available for 
     the Commissioner of Customs to analyze on an annual basis the 
     movement of methamphetamine and methamphetamine precursor 
     chemicals into the United States. In conducting the analysis, 
     the Commissioner shall--
       (1) consider the entry of methamphetamine and 
     methamphetamine precursor chemicals through ports of entry, 
     between ports of entry, through the mails, and through 
     international courier services;
       (2) examine the export procedures of each foreign country 
     where the shipments of methamphetamine and methamphetamine 
     precursor chemicals originate and determine if changes in the 
     country's customs over time provisions would alleviate the 
     export of methamphetamine and methamphetamine precursor 
     chemicals; and
       (3) identify emerging trends in smuggling techniques and 
     strategies.
       (c) The Commissioner shall ensure that the analysis 
     described in subsection (b) is made available in a timely 
     manner to the Secretary of State to facilitate the Secretary 
     in fulfilling the Secretary's reporting requirements in 
     section 722 of the Combat Methamphetamine Epidemic Act of 
     2005.
                                 ______
                                 
  SA 4606. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5441, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2007, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) The amount appropriated by title II under the 
     heading ``Customs and Border Protection'' for salaries and 
     expenses is hereby increased by $5,300,000 which shall be 
     available to hire and train 45 new full-time equivalent 
     domestic port Customs officers and shall remain available 
     until expended: Provided, That the Secretary of Homeland 
     Security shall prioritize the assignment of additional 
     Customs officers to ports based on need.
       (b) The amount appropriated by title I under the heading 
     ``Office of the Under Secretary for Management'' is hereby 
     reduced by $5,300,000.
                                 ______
                                 
  SA 4607. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill H.R. 5441, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2007, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) The amount appropriated by title II under the 
     heading ``Customs and Border Protection'' for salaries and 
     expenses is hereby increased by $20,300,000 which shall be 
     available to hire and train 180 new full-time equivalent 
     domestic port Customs officers and shall remain available 
     until expended: Provided, That the Secretary of Homeland 
     Security shall prioritize the assignment of additional 
     Customs officers to ports based on need.
       (b) The amount appropriated by title I under the heading 
     ``Office of the Under Secretary for Management'' is hereby 
     reduced by $20,300,000.
                                 ______
                                 
  SA 4608. Mr. BIDEN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 78, line 20, strike the colon and insert the 
     following: ``: Provided further, That the Transportation 
     Security Administration shall provide passenger and baggage 
     screeners and related resources at the New Castle Airport in 
     Wilmington, Delaware as long as commercial air service is 
     provided at that airport:''.
                                 ______
                                 
  SA 4609. Ms. CANTWELL (for herself and Mr. Crapo) submitted an 
amendment intended to be proposed by her to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

   TITLE VI--NORTHERN BORDER PROSECUTION INITIATIVE REIMBURSEMENT ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Northern Border 
     Prosecution Initiative Reimbursement Act''.

     SEC. 602. NORTHERN BORDER PROSECUTION INITIATIVE.

       (a) Initiative Required.--
       (1) In general.--From amounts made available to carry out 
     this section, the Attorney General, acting through the 
     Director of the Bureau of Justice Assistance of the Office of 
     Justice Programs, shall establish and carry out a program, to 
     be known as the Northern Border Prosecution Initiative, to 
     provide funds to reimburse eligible northern border entities 
     for costs incurred by those entities for handling case 
     dispositions of criminal cases that are federally initiated 
     but federally declined-referred.
       (2) Relation with southwestern border prosecution 
     initiative.--The program established in paragraph (1) shall--
       (A) be modeled after the Southwestern Border Prosecution 
     Initiative; and
       (B) serve as a partner program to that initiative to 
     reimburse local jurisdictions for processing Federal cases.
       (b) Provision and Allocation of Funds.--Funds provided 
     under the program established in subsection (a) shall be--
       (1) provided in the form of direct reimbursements; and
       (2) allocated in a manner consistent with the manner under 
     which funds are allocated under the Southwestern Border 
     Prosecution Initiative.
       (c) Use of Funds.--Funds provided to an eligible northern 
     border entity under this section may be used by the entity 
     for any lawful purpose, including:
       (1) Prosecution and related costs.
       (2) Court costs.
       (3) Costs of courtroom technology.
       (4) Costs of constructing holding spaces.
       (5) Costs of administrative staff.
       (6) Costs of defense counsel for indigent defendants.
       (7) Detention costs, including pre-trial and post-trial 
     detention.
       (d) Definitions.--In this section:
       (1) Case disposition.--The term ``case disposition''--
       (A) for purposes of the Northern Border Prosecution 
     Initiative, refers to the time between the arrest of a 
     suspect and the resolution of the criminal charges through a 
     county or State judicial or prosecutorial process; and
       (B) does not include incarceration time for sentenced 
     offenders, or time spent by prosecutors on judicial appeals.
       (2) Eligible northern border entity.--The term ``eligible 
     northern border entity'' means--
       (A) the States of Alaska, Idaho, Maine, Michigan, 
     Minnesota, Montana, New Hampshire, New York, North Dakota, 
     Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
       (B) any unit of local government within a State referred to 
     in subparagraph (A).
       (3) Federally declined-referred.--The term ``federally 
     declined-referred''--
       (A) means, with respect to a criminal case, that a decision 
     has been made in that case by a United States Attorney or a 
     Federal law enforcement agency during a Federal investigation 
     to no longer pursue Federal criminal charges against a 
     defendant and to refer such investigation to a State or local 
     jurisdiction for possible prosecution; and
       (B) includes a decision made on an individualized case-by-
     case basis as well as a decision made pursuant to a general 
     policy or practice or pursuant to prosecutorial discretion.
       (4) Federally initiated.--The term ``federally initiated'' 
     means, with respect to a criminal case, that the case results 
     from a criminal investigation or an arrest involving Federal 
     law enforcement authorities for a potential violation of 
     Federal criminal law, including investigations resulting from 
     multi-jurisdictional task forces.

     SEC. 603. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act $28,000,000 for fiscal year 2006 and such sums as may be 
     necessary for fiscal years thereafter.

                                 ______
                                 
  SA 4610. Mr. THUNE (for himself and Mr. Talent) proposed an amendment 
to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 5__. ALTERNATIVE ENERGY REFUELING SYSTEMS.

       (a) Establishment of Fund.--
       (1) In general.--There is established in the Treasury a 
     fund, to be known as the ``Energy Security Fund'' (referred 
     to in this section as the ``Fund''), consisting of--
       (A) amounts transferred to the Fund under paragraph (2); 
     and
       (B) amounts credited to the Fund under paragraph (3)(C).
       (2) Transfers to fund.--For fiscal year 2006 and each 
     fiscal year thereafter, there is appropriated to the Fund an 
     amount determined by the Secretary of the Treasury to be 
     equal to the total amount deposited in the

[[Page 14181]]

     general fund of the Treasury for the preceding fiscal year 
     from fines, penalties, and other funds obtained through 
     enforcement actions conducted pursuant to section 32912 of 
     title 49, United States Code (including funds obtained under 
     consent decrees).
       (3) Investment of amounts.--
       (A) In general.--The Secretary of the Treasury shall invest 
     such portion of the Fund as is not, in the judgment of the 
     Secretary of the Treasury, required to meet current 
     withdrawals.
       (B) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (C) Credits to fund.--The interest on, and the proceeds 
     from the sale or redemption of, any obligations held in the 
     Fund shall be credited to, and form a part of, the Fund in 
     accordance with section 9602 of the Internal Revenue Code of 
     1986.
       (4) Use of amounts in the fund.--Amounts in the Fund shall 
     be made available to the Administrator of the Environmental 
     Protection Agency for use in carrying out the reimbursement 
     program for alternative energy refueling under section 
     9003(h)(13) of the Solid Waste Disposal Act.
       (b) Alternative Energy Refueling.--Section 9003(h) of the 
     Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by 
     adding at the end the following:
       ``(13) Alternative energy refueling systems.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Alternative energy refueling system.--The term 
     `alternative energy refueling system' means a system composed 
     of 1 or more underground storage tanks, pumps, and pump 
     fittings or other related infrastructure that is used to 
     refuel motor vehicles with--

       ``(I) compressed natural gas;
       ``(II) E-85 ethanol;
       ``(III) a fuel described in section 30C(c)(1) of the 
     Internal Revenue Code of 1986; or
       ``(IV) any other alternative fuel, as determined by the 
     Administrator.

       ``(ii) Eligible entity.--The term `eligible entity' means a 
     refueling vendor or other person that is an owner or operator 
     of a service station or other facility at which an 
     alternative energy refueling system is located or proposed to 
     be located.
       ``(iii) Energy security fund.--The term `Energy Security 
     Fund' means the Energy Security Fund established by section 
     5__(a)(1) of the Department of Homeland Security 
     Appropriations Act, 2007.
       ``(B) Reimbursement program.--
       ``(i) Establishment.--Not later than 90 days after the date 
     of enactment of this paragraph, the Administrator shall 
     establish a program to provide to eligible entities, for each 
     of fiscal years 2007 through 2011, reimbursement from the 
     Energy Security Fund of a portion of the costs of purchasing 
     and installing 1 or more alternative energy refueling 
     systems, including any alternative energy refueling system 
     intended to replace a petroleum refueling tank or system.
       ``(ii) Application.--An eligible entity that seeks to 
     receive reimbursement described in clause (i) shall submit to 
     the Administrator an application by such time, in such form, 
     and containing such information as the Administrator shall 
     prescribe.
       ``(iii) Timing of reimbursement.--Not later than 30 days 
     after the date on which the Administrator, in consultation 
     with the appropriate State agency, verifies that an 
     alternative energy refueling system for which reimbursement 
     is requested by an eligible entity under this paragraph has 
     been installed and is operational, the Administrator shall 
     provide the reimbursement to the eligible entity.
       ``(iv) Limitations.--

       ``(I) Prohibition on receipt of dual benefits.--An eligible 
     entity that receives a tax credit under section 30C of the 
     Internal Revenue Code of 1986 for placing in service a 
     qualified alternative fuel vehicle refueling property (as 
     defined in that section) may not receive any reimbursement 
     under this paragraph for an alternative energy refueling 
     system on the property if the cost of the alternative energy 
     refueling system was taken into consideration in calculating 
     the tax credit.
       ``(II) Number of systems.--An eligible entity may not 
     receive reimbursement under this paragraph for more than 2 
     alternative energy refueling systems for each facility owned 
     or operated by the eligible entity.
       ``(III) Amount.--The amount of reimbursement provided for 
     an alternative energy refueling system under this paragraph 
     shall not exceed the lesser of--

       ``(aa) the amount that is 30 percent of the cost of the 
     alternative energy refueling system; or
       ``(bb) $30,000.
       ``(C) Further appropriation.--Reimbursement authorized 
     under this paragraph shall be provided by the Administrator 
     without further appropriation.
       ``(D) No effect on other responsibilities.--Nothing in this 
     paragraph affects any obligation of an owner or operator to 
     comply with other provisions of this subtitle.''.

                                 ______
                                 
  SA 4611. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 66, line 5, strike ``$166,456,000'' and insert 
     ``$164,456,000''.
       On page 104, line 9, strike ``$106,414,000'' and insert 
     ``$108, 414,000''.
       On page 104, line 20, after ``2007:'' insert the following: 
     ``Provided further, That of the amount provided under this 
     heading not less than $2,000,000 shall be available for the 
     construction of radiological laboratories at Pacific 
     Northwest National Laboratory:''.
                                 ______
                                 
  SA 4612. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. REPORT ON CROSS BORDER COMMUNICATIONS CHALLENGES 
                   FOR THE 2010 OLYMPICS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     coordination with the Secretary of State, the Federal 
     Communications Commission, and relevant agencies in the 
     States of Alaska, Idaho, Montana, Oregon, and Washington, 
     shall--
       (1) evaluate the technical and operational challenges with 
     respect to interoperable communications facing regional, 
     local, State, and Federal authorities in preparing for the 
     2010 Olympics; and
       (2) develop an integrated plan for addressing such 
     technical and operational challenges.
       (b) Report to Congress.--The Secretary of Homeland Security 
     shall submit and present the plan developed under subsection 
     (a) to the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives.
       (c) SAFECOM Pilot.--The Secretary of Homeland Security 
     shall make $1,000,000 of its SAFECOM Program funds available 
     to conduct a pilot project based on the bi-national component 
     of the integrated plan developed under subsection (a)(2)
                                 ______
                                 
  SA 4613. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. The Secretary of Homeland Security may not take 
     any action to alter or reduce operations within the Civil 
     Engineering Program of the Coast Guard nationwide, including 
     the civil engineering units, facilities, and design and 
     construction centers, the Coast Guard Academy, and the 
     Research and Development Center until the Committees on 
     Appropriations and Commerce, Science, and Transportation of 
     the Senate receive and approve a plan on changes to the Civil 
     Engineering Program of the Coast Guard. The plan shall 
     include a description of the current functions of the Civil 
     Engineering Program and a description of any proposed 
     modifications of such functions and of any proposed 
     modification of personnel and offices, including the 
     rationale for such modification, an assessment of the costs 
     and benefits of such modification, any proposed alternatives 
     to such modification, and the processes utilized by the Coast 
     Guard and the Office of Management and Budget to analyze and 
     assess such modification.
                                 ______
                                 
  SA 4614. Mr. GREGG (for Mr. Byrd) proposed an amendment to the bill 
H.R. 5441, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

       On page 93, line 4, before the period insert the following: 
     ``: Provided further, That for grants under subparagraphs (B) 
     through (F), the applications for such grants shall be made 
     available to eligible applicants not later than 75 days after 
     the date of enactment of this Act, eligible applicants shall 
     submit applications not later than 45 days after the date of 
     the grant announcement, and the Office for Domestic 
     Preparedness shall act on such applications not later than 45 
     days after the date on which such an application is 
     received''.

                                 ______
                                 
  SA 4615. Mr. VITTER (for himself, Mr. Inhofe, Mr. Enzi, Mr. Thune, 
Mr. Burns, Mr. Brownback, Mr. Martinez, Mr. Domenici, Mr. Gregg and Mr. 
Byrd) proposed an amendment to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; as follows:


[[Page 14182]]

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.

       None of the funds appropriated by this Act may be used to 
     temporarily or permanently seize any firearm during an 
     emergency or major disaster (as those terms are defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) if the possession 
     of such firearm is not prohibited under Federal or State law, 
     other than for forfeiture in compliance with Federal or State 
     law or as evidence in a criminal investigation.
                                 ______
                                 
  SA 4616. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 93, strike lines 7 and 8 and insert the following:
       (4) $331,500,000 for training, exercises, technical 
     assistance, and other programs (including mass evacuation 
     preparation and exercises):
                                 ______
                                 
  SA 4617. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Voinovich) 
submitted an amendment intended to be proposed by him to the bill H.R. 
5441, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2007, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 5__. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (b) Reports to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that--
       (1) indicates whether the methodologies and technologies 
     used by the Bureau to screen for and detect the presence of 
     chemical, nuclear, biological, and radiological weapons in 
     municipal solid waste are as effective as the methodologies 
     and technologies used by the Bureau to screen for those 
     materials in other items of commerce entering the United 
     States through commercial motor vehicle transport; and
       (2) if the report indicates that the methodologies and 
     technologies used to screen municipal solid waste are less 
     effective than those used to screen other items of commerce, 
     identifies the actions that the Bureau will take to achieve 
     the same level of effectiveness in the screening of municipal 
     solid waste, including actions necessary to meet the need for 
     additional screening technologies.
       (c) Impact on Commercial Motor Vehicles.--If the 
     Commissioner fails to fully implement an action identified 
     under subsection (b)(2) before the earlier of the date that 
     is 180 days after the date on which the report under 
     subsection (b) is required to be submitted or the date that 
     is 180 days after the date on which the report is submitted, 
     the Secretary shall deny entry into the United States of any 
     commercial motor vehicle carrying municipal solid waste until 
     the Secretary certifies to Congress that the methodologies 
     and technologies used by the Bureau to screen for and detect 
     the presence of chemical, nuclear, biological, and 
     radiological weapons in municipal solid waste are as 
     effective as the methodologies and technologies used by the 
     Bureau to screen for those materials in other items of 
     commerce entering into the United States through commercial 
     motor vehicle transport.
                                 ______
                                 
  SA 4618. Mr. DAYTON submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. __. None of the funds made available by this Act may 
     be used to take an action that would violate Executive Order 
     13149 (65 Fed. Reg. 24607; relating to greening the 
     government through Federal fleet and transportation 
     efficiency).
                                 ______
                                 
  SA 4619. Mr. DURBIN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish revised procedures for expeditiously clearing 
     individuals whose names have been mistakenly placed on the 
     TSA Watch List or who have names identical or similar to 
     individuals on the TSA Watch List. The Secretary shall advise 
     Congress of the procedures established.

                                 ______
                                 
  SA 4620. Mr. BYRD (for himself, Mr. Lieberman, and Mr. Rockefeller) 
proposed an amendment to the bill H.R. 5441, making appropriations for 
the Department of Homeland Security for the fiscal year ending 
September 30, 2007, and for other purposes; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. (a) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall hereafter issue interim final regulations that 
     establish homeland security requirements, including minimum 
     standards and required submission of facility security plans 
     to the Secretary, for chemical facilities that the Secretary 
     determines present the greatest security risk and that are 
     not currently regulated under Federal law for homeland 
     security purposes.
       (b) Interim regulations under this section shall apply to a 
     chemical facility until the effective date of final 
     regulations issued under other laws by the Secretary, that 
     establish requirements and standards referred to in 
     subsection (a) that apply with respect to that facility.
       (c) Any person that violates an interim regulation issued 
     under this section shall be liable for a civil penalty under 
     section 70117 of title 46, United States Code.
                                 ______
                                 
  SA 4621. Mr. BAUCUS (for himself, Ms. Cantwell, Mrs. Murray, Mr. 
Burns, Mr. Craig, and Mr. Coleman) proposed an amendment to the bill 
H.R. 5441, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish and conduct a pilot program at the Northern 
     Border Air Wing bases of the Office of CBP Air and Marine, 
     United States Customs and Border Protection, to test unmanned 
     aerial vehicles for border surveillance along the 
     international marine and land border between Canada and the 
     United States.
                                 ______
                                 
  SA 4622. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a report on the 
     feasability and advisability of locating facilities and 
     assets of the Coast Guard in the Federal City Project of New 
     Orleans, Louisiana, as described in the report of the Defense 
     Base Closure and Realignment Commission submitted to the 
     President in 2005 during the 2005 round of defense base 
     closure and realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note).
                                 ______
                                 
  SA 4623. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 94, line 13, before the period insert ``: Provided, 
     that an additional $21,500,000 shall be made available under 
     this heading for the grants authorized under title I of the 
     Enhance Act of 2004 (Public Law 108-494; 118 Stat. 3986)''.
                                 ______
                                 
  SA 4624. Mr. OBAMA (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes;

[[Page 14183]]

which was ordered to lie on the table; as follows:

       On page 99, line 4, insert after ``Act'' the following: ``: 
     Provided further, That none of the funds appropriated or 
     otherwise made available under this heading may be used to 
     enter into contracts using procedures based upon the unusual 
     and compelling urgency exception to competitive procedures 
     requirements under section 303(c)(2) of the Federal Property 
     and Administrative Services Act of 1949 (41 U.S.C. 253(c)(2)) 
     or section 2304(c)(2) of title 10, United States Code, unless 
     the contract is for the procurement of only such property and 
     services as are necessary to address the immediate emergency 
     and is only for so long as is necessary to put competitive 
     procedures in place in connection with such procurement and 
     the Secretary of Homeland Security notifies the Committees on 
     Appropriations of the Senate and the House of Representatives 
     of such contract not later than 7 days after the contract is 
     entered into''.
                                 ______
                                 
  SA 4625. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. REGISTRATION OF GSE SECURITIES.

       (a) Fannie Mae.--
       (1) Mortgage-backed securities.--Section 304(d) of the 
     Federal National Mortgage Association Charter Act (12 U.S.C. 
     1719(d)) is amended by striking the fourth sentence and 
     inserting the following: ``Securities issued by the 
     corporation under this subsection shall not be exempt 
     securities for purposes of the Securities Act of 1933.''.
       (2) Subordinate obligations.--Section 304(e) of the Federal 
     National Mortgage Association Charter Act (12 U.S.C. 1719(e)) 
     is amended by striking the fourth sentence and inserting the 
     following: ``Obligations issued by the corporation under this 
     subsection shall not be exempt securities for purposes of the 
     Securities Act of 1933.''.
       (3) Securities.--Section 311 of the Federal National 
     Mortgage Association Charter Act (12 U.S.C. 1723c) is 
     amended--
       (A) in the section heading, by striking ``association'';
       (B) by inserting ``(a) In General.--'' after ``sec. 311.'';
       (C) in the second sentence, by inserting ``by the 
     Association'' after ``issued''; and
       (D) by adding at the end the following:
       ``(b) Treatment of Corporation Securities.--
       ``(1) In general.--Any stock, obligations, securities, 
     participations, or other instruments issued or guaranteed by 
     the corporation pursuant to this title shall not be exempt 
     securities for purposes of the Securities Act of 1933.
       ``(2) Exemption for approved sellers.--Notwithstanding any 
     other provision of this title or the Securities Act of 1933, 
     transactions involving the initial disposition by an approved 
     seller of pooled certificates that are acquired by that 
     seller from the corporation upon the initial issuance of the 
     pooled certificates shall be deemed to be transactions by a 
     person other than an issuer, underwriter, or dealer for 
     purposes of the Securities Act of 1933.
       ``(3) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       ``(A) Approved seller.--The term `approved seller' means an 
     institution approved by the corporation to sell mortgage 
     loans to the corporation in exchange for pooled certificates.
       ``(B) Pooled certificates.--The term `pooled certificates' 
     means single class mortgage-backed securities guaranteed by 
     the corporation that have been issued by the corporation 
     directly to the approved seller in exchange for the mortgage 
     loans underlying such mortgage-backed securities.
       ``(4) Mortgage related securities.--A single class 
     mortgage-backed security guaranteed by the corporation that 
     has been issued by the corporation directly to the approved 
     seller in exchange for the mortgage loans underlying such 
     mortgage-backed securities or directly by the corporation for 
     cash shall be deemed to be a mortgage related security, as 
     defined in section 3(a) of the Securities Exchange Act of 
     1934.''.
       (b) Freddie Mac.--Section 306(g) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to 
     read as follows:
       ``(g) Treatment of Securities.--
       ``(1) In general.--Any securities issued or guaranteed by 
     the Corporation shall not be exempt securities for purposes 
     of the Securities Act of 1933.
       ``(2) Exemption for approved sellers.--Notwithstanding any 
     other provision of this title or the Securities Act of 1933, 
     transactions involving the initial disposition by an approved 
     seller of pooled certificates that are acquired by that 
     seller from the Corporation upon the initial issuance of the 
     pooled certificates shall be deemed to be transactions by a 
     person other than an issuer, underwriter, or dealer for 
     purposes of the Securities Act of 1933.
       ``(3) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       ``(A) Approved seller.--The term `approved seller' means an 
     institution approved by the Corporation to sell mortgage 
     loans to the Corporation in exchange for pooled certificates.
       ``(B) Pooled certificates.--The term `pooled certificates' 
     means single class mortgage-backed securities guaranteed by 
     the Corporation that have been issued by the Corporation 
     directly to the approved seller in exchange for the mortgage 
     loans underlying such mortgage-backed securities.''.
       (c) No Affect on Trust Indenture Act of 1939.--Nothing in 
     this section or the amendments made by this section shall be 
     construed to affect any exemption from the provisions of the 
     Trust Indenture Act of 1939, provided to the Federal National 
     Mortgage Association or the Federal Home Loan Mortgage 
     Corporation.
       (d) Treatment of Fees.--Fees collected by the Securities 
     and Exchange Commission from the Federal National Mortgage 
     Association and the Federal Home Loan Mortgage Corporation as 
     a result of the amendments made by this section shall not be 
     considered to be offsetting collections to the account 
     providing appropriations to the Securities and Exchange 
     Commission for any fiscal year, and shall be deposited in the 
     general fund of the Treasury.
       (e) Regulations.--The Securities and Exchange Commission 
     may issue such regulations as may be necessary or appropriate 
     to carry out this section and the amendments made by this 
     section.
       (f) Effective Date.--The amendments made by this section 
     shall become effective 1 year after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 4626. Mr. DODD (for himself and Mr. DeWine) submitted an amendment 
intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 65, line 22, strike ``$90,122,000'' and insert 
     ``$82,545,000''.
       On page 66, line 5, strike ``$166,456,000'' and insert 
     ``$144,003,000''.
       On page 94, line 17, strike ``$655,000,000'' and insert 
     ``$685,000,000''.
       On page 94, line 17, strike ``$540,000,000'' and insert 
     ``$555,000,000''.
       One page 94, line 19, strike ``$115,000,000'' and insert 
     ``$130,000,000''.
                                 ______
                                 
  SA 4627. Mr. SESSIONS (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 75, lines 1 and 2, strike ``$288,084,000, to remain 
     available until expended.'' and insert the following: 
     ``$2,117,484,000, of which not less than $1,184,000,000 shall 
     be for the construction of 370 miles of double-layered 
     fencing along the international border between the United 
     States and Mexico; of which not less than $645,400,000 shall 
     be for the construction of not less than 461 miles of vehicle 
     barriers along the international border between the United 
     States and Mexico, of which the remaining amount shall remain 
     available until expended.''.
       At the appropriate place, insert the following:
       Sec. __. All discretionary amounts made available under 
     this Act, other than the amount appropriated under the 
     ``Customs and Border Protection construction'' subheading, 
     shall be reduced on a pro rata basis by $1,829,400,000.
                                 ______
                                 
  SA 4628. Mr. SESSIONS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 75, line 8, strike ``$3,740,357,000'' and insert 
     ``$3,826,027,000, of which not less than $104,000,000 shall 
     be available to increase the number of full time active duty 
     investigators employed by the Department of Homeland Security 
     to investigate violations of immigration laws (as defined in 
     section 101(a)(17) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(17)) by not less than 800 above the number of 
     such positions for which funds were made available during the 
     fiscal year ending September 30, 2006, as provided in section 
     5203 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Pub. L. 108 458);''.
       At the appropriate place, insert the following:
       Sec. __. (a) Notwithstanding any other provision of law, 
     the Secretary of Homeland Security shall adjust fees charged 
     by the

[[Page 14184]]

     Secretary to aliens under any provision of the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.) or the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-546) by 
     notice in the Federal Register not later than January 1, 
     2007, to achieve not less than $85,670,000 in additional 
     receipts by September 30, 2007.
       (b) The fees collected pursuant to the adjustment of fees 
     made under subsection (a) shall be in addition to the fees 
     authorized under section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356).
                                 ______
                                 
  SA 4629. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 75, line 8, strike ``$3,740,357,000'' and insert 
     ``$3,826,027,000, of which not less than $104,000,000 shall 
     be available to increase the number of full time active duty 
     investigators employed by the Department of Homeland Security 
     to investigate violations of immigration laws (as defined in 
     section 101(a)(17) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(17)) by not less than 800 above the number of 
     such positions for which funds were made available during the 
     fiscal year ending September 30, 2006, as provided in section 
     5203 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Pub. L. 108 458);''.
       At the appropriate place, insert the following:
       Sec. __. All discretionary amounts made available under 
     this Act, other than the amount appropriated under the 
     ``Immigration and Customs Enforcement salaries and expenses'' 
     subheading, shall be reduced on a pro rata basis by 
     $85,670,000.
                                 ______
                                 
  SA 4630. Mr. SESSIONS (for himself and Mr. Ensign) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. (a) The amount appropriated by title II under the 
     heading ``Immigration and Customs Enforcement'' and under the 
     subheading ``salaries and expenses'' is hereby increased by 
     $161,000,000.
       (b) Notwithstanding any other provision of this Act, of the 
     amount made available under such subheading--
       (1) not less than $140,000,000 shall be used to fund 4,000 
     detention beds pursuant to section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) and such funds shall be 
     used to supplement and not supplant the amounts made 
     available for detention beds pursuant to such section in the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Hurricane Recovery, 2006 (Public 
     Law 109-234); and
       (2) not less than $150,560,000 shall be used for 
     transportation costs related to the 4,000 additional 
     detention beds funded by this Act and the 4,000 detention 
     beds funded by the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Hurricane 
     Recovery, 2006 (Public Law 109-234).
       (c) All discretionary amounts made available under this 
     Act, other than the amount appropriated under the subheading 
     described in subsection (a), shall be reduced on a pro rata 
     basis by $161,000,000.
                                 ______
                                 
  SA 4631. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 76, beginning on line 6, strike ``Provided'' and 
     all that follows through the colon on line 11, and insert 
     ``Provided further, That none of the funds appropriated in 
     this Act or any other appropriations Act to carry out 
     programs under section 287(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1357(g)) may be redirected for any 
     purpose or used for any purpose other than to carry out such 
     programs:''.
                                 ______
                                 
  SA 4632. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 5441, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2007, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Of the amounts appropriated or otherwise made 
     available by this Act under the headings ``air and marine 
     interdiction, operations, maintenance, and procurement'', 
     $17,000,000 may be available for the establishment of a 
     Northern border air wing in an appropriate location in the 
     State of Michigan.
                                 ______
                                 
  SA 4633. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:
       Sec. 540. Not later than February 8, 2007, the Assistant 
     Secretary for Immigration and Customs Enforcement of the 
     Department of Homeland Security shall submit a report to 
     Congress on the costs and need for establishing a sub-office 
     in Greeley, Colorado.
                                 ______
                                 
  SA 4634. Mr. MENENDEZ (for himself and Mr. Lautenberg, Mrs. Clinton, 
and Mr. Schumer) submitted an amendment intended to be proposed by him 
to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; as follows:

       On page 127, between lines 2 and 3 insert the following:
       Sec. __. Notwithstanding any other provision of this Act, 
     appropriations under this Act may not be used for the purpose 
     of providing--
       (1) formula-based grants or law enforcement terrorism 
     prevention grants, unless all such grants are allocated based 
     on an assessment of threat, vulnerability, and consequence, 
     to the maximum extent praticable, with no State receiving 
     less than 0.25 percent of the funds available for each such 
     grant program, and American Samoa, the Commonwealth of the 
     Northern Mariana Islands, Guam, and the Virgin Islands, each 
     receiving 0.08 of the funds available for each such grant 
     program;
       (2) discretionary grants for use in high-threat, high-
     density urban areas, unless all such grants are allocated 
     based on an assessment of threat, vulnerability, and 
     consequence, to the maximum extent practicable; and
                                 ______
                                 
  SA 4635. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 114, line 8, insert the following: ``Until the 
     Secure Flight program or a follow on or successor passenger 
     screening program has been deployed or implemented, of the 
     amount made available under title II under the heading 
     `Transportation Security Administration' for aviation 
     security, such sums as are necessary shall be available to 
     provide airlines with technical or other assistance to better 
     align their reservation and ticketing systems with the 
     Transportation Security Administration's Watch List and in 
     alleviating travel delays and other problems associated with 
     mistaken identification.''.
                                 ______
                                 
  SA 4636. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 127, between lines 2 and 3, insert the following:

     SEC. 540. REPORT ON CROSS BORDER COMMUNICATIONS CHALLENGES 
                   FOR THE 2010 OLYMPICS.

       (a) In General.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, in 
     coordination with the Secretary of State, the Federal 
     Communications Commission, and relevant agencies in the 
     States of Alaska, Idaho, Montana, Oregon, and Washington, 
     shall--
       (1) evaluate the technical and operational challenges with 
     respect to interoperable communications facing regional, 
     local, State, and Federal authorities in preparing for the 
     2010 Olympics; and
       (2) develop an integrated plan for addressing such 
     technical and operational challenges.
       (b) Report to Congress.--The Secretary of Homeland Security 
     shall submit and present the plan developed under subsection 
     (a) to the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives.
                                 ______
                                 
  SA 4637. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of

[[Page 14185]]

Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$2,793,500,000''.
       On page 93, between lines 8 and 9, insert the following:
       (5) $400,000,000 for interoperable communications grants, 
     which is designated as an emergency requirement pursuant to 
     section 402 of S. Con. Res. 83 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2007, as 
     made applicable in the Senate by section 7035 of Public Law 
     109-234.
                                 ______
                                 
  SA 4638. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL EARTHQUAKE RESPONSE PLANS.

       Not later than 90 days after the date of enactment of this 
     Act, the Director of the Federal Emergency Management Agency 
     shall submit a report to Congress outlining Federal 
     earthquake response plans for high risk earthquake regions in 
     the United States as determined by the United States 
     Geological Survey.
                                 ______
                                 
  SA 4639. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. --.

       Notwithstanding any other provision of this Act, funding 
     made available under title VII, under the heading United 
     states coast guard acquisition, construction, and 
     improvements may be used to acquire law enforcement patrol 
     boats.
                                 ______
                                 
  SA 4640. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 5441, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 104, line 9, strike ``$106,414,000'' and insert 
     ``$104,414,000''.

       On page 105, line 1, strike ``$712,041,000'' and insert 
     ``$714,041,000''.

       On page 105, line 7, strike ``costs.'' and insert the 
     following: ``costs: Provided further, That $2,000,000 under 
     this heading shall be available for the construction of 
     radiological laboratories at Pacific Northwest National 
     Laboratory:''.
       Provided further that funding will not be available until 
     an memorandum of understanding between the Department of 
     Homeland Security and the Department of Energy has been 
     entered into.

                                 ______
                                 
  SA 4641. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$12,083,500,000''.
       On page 91, line 8, strike ``$500,000,000'' and insert 
     ``$2,896,000,000''.
       On page 91, line 9, strike ``$350,000,000'' and insert 
     ``$2,027,000,000''.
       On page 91, line 22, strike ``$1,172,000,000'' and insert 
     ``$6,789,000,000''.
       On page 92, line 1, strike ``$745,000,000'' and insert 
     ``$4,315,000,000''.
       On page 92, line 3, strike ``$210,000,000'' and insert 
     ``$1,216,000,000''.
       On page 92, line 9, strike ``$5,000,000'' and insert 
     ``$30,000,000''.
       On page 92, line 11, strike ``$12,000,000'' and insert 
     ``$69,000,000''.
       On page 92, line 13, strike ``$150,000,000'' and insert 
     ``$869,000,000''.
       On page 92, line 17, strike ``$50,000,000'' and insert 
     ``$290,000,000''.
       On page 94, line 17, strike ``$655,000,000, of which 
     $540,000,000'' and insert ``$3,794,000,000, of which 
     $3,128,000,000''.
       On page 94, line 19, strike ``$115,000,000'' and insert 
     ``$666,000,000''.
       On page 95, line 5, strike ``$205,000,000'' and insert 
     ``$1,187,000,000''.
       On page 96, line 6, strike ``$45,887,000'' and insert 
     ``$265,800,000''.
       On page 96, line 12, strike ``$525,056,000, of which 
     $442,547,000'' and insert ``$3,041,200,000, of which 
     $2,554,608,000''.
                                 ______
                                 
  SA 4642. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill H.R. 5441, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2007, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 66, line 5, strike ``$166,456,000'' and insert 
     ``$152,956,000''.
       On page 91, line 6, strike ``$2,393,500,000'' and insert 
     ``$2,407,000,000''.
       On page 93, strike lines 7 and 8 and insert the following:
       (4) $345,000,000 for training, exercises, technical 
     assistance, and other programs: Provided, That not less than 
     $25,000,000 is for technical assistance:

     

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