[Congressional Record (Bound Edition), Volume 153 (2007), Part 15]
[Senate]
[Pages 21048-21062]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2477. Mr. KERRY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 40, line 15, after ``Security'' insert ``and an 
     analysis of the Department's policy of ranking States, 
     cities, and other grantees by tiered groups,''.
                                 ______
                                 
  SA 2478. Mr. AKAKA submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

     SEC. 536. REPORT ON THE PERFORMANCE ACCOUNTABILITY AND 
                   STANDARDS SYSTEM OF THE TRANSPORTATION SECURITY 
                   ADMINISTRATION.

       Not later than March 1, 2008, the Transportation Security 
     Administration shall submit a report to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on 
     Commerce, Science, and Transportation of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives on the 
     implementation of the Performance Accountability and 
     Standards System, including--
       (1) the number of employees who achieved each level of 
     performance;
       (2) a comparison between managers and non-managers relating 
     to performance and pay increases;
       (3) the type and amount of all pay increases that have 
     taken effect for each level of performance; and
       (4) the attrition of employees covered by the Performance 
     Accountability and Standards System.
                                 ______
                                 
  SA 2479. Mr. SANDERS (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69, after line 24, add the following:
       Sec. 536. Prohibition on Use Funds for Rulemaking Related 
     to Petitions for Aliens.
       None of the funds made available in this Act may be used by 
     the Secretary of Homeland Security or any delegate of the 
     Secretary to issue any rule or regulation which implements 
     the Notice of Proposed Rulemaking related to Petitions for 
     Aliens To Perform Temporary Nonagricultural Services or Labor 
     (H-2B) set out beginning on 70 Federal Register 3984 (January 
     27, 2005), or any amendments reaching results similar to such 
     proposed rulemaking.
                                 ______
                                 
  SA 2480. Mr. GRAHAM (for himself, Mr. Pryor, Mr. Gregg, Mr. McCain,

[[Page 21049]]

Mr. Martinez, Mr. Kyl, Mr. Sununu, Mr. Cornyn, Mrs. Hutchison, Mr. 
Specter, Mr. Coleman, Mrs. Lincoln, Mr. Byrd, Mr. Salazar, Mr. Webb, 
Mr. Baucus, Ms. Landrieu, Mrs. McCaskill, Mr. Alexander, Mrs. Dole, Mr. 
Domenici, Mr. Vitter, Mr. Sessions, Mr. Coburn, Mrs. Feinstein, Mr. 
Bunning, Mr. Corker, Mr. Hatch, Mr. Chambliss, Mr. Warner, and Mr. 
Inhofe) proposed an amendment to amendment SA 2383 proposed by Mr. Byrd 
(for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows;

       At the end, add the following:

                      DIVISION B--BORDER SECURITY

                 TITLE X--BORDER SECURITY REQUIREMENTS

     SEC. 1001. SHORT TITLE.

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

     SEC. 1002. BORDER SECURITY REQUIREMENTS.

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

     SEC. 1003. APPROPRIATIONS FOR BORDER SECURITY.

       There is hereby appropriated $3,000,000,000 to satisfy the 
     requirements set out in section 1002(a) and, if any amount 
     remains after satisfying such requirements, to achieve and 
     maintain operational control over the international land and 
     maritime borders of the United States, for employment 
     eligibility verification improvements for increased removal 
     and detention of visa overstays, criminal aliens, aliens who 
     have illegally reentered the United States, and for 
     reimbursement of State and local section 287(g) expenses. 
     These amounts are designated as an emergency requirement 
     pursuant to section 204 of S. Con. Res. 21 (110th Congress).
                                 ______
                                 
  SA 2481. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended by the 
     Secretary of Homeland Security to remove offenses from the 
     list of criminal offenses disqualifying individuals from 
     receiving a Transportation Worker Identification Credential 
     under section 1572.103 of title 49, Code of Federal 
     Regulations.
                                 ______
                                 
  SA 2482. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. AMENDMENT TO TITLE 31.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year (or, if applicable, for each fiscal year in a biennium) 
     does not become law before the beginning of such fiscal year 
     or a joint resolution making continuing appropriations is not 
     in effect, there are appropriated, out of any money in the 
     Treasury not otherwise appropriated, and out of applicable 
     corporate or other revenues, receipts, and funds, such sums 
     as may be necessary to continue any project or activity for 
     which funds were provided in the preceding fiscal year--
       ``(A) in the corresponding regular appropriation Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be at a rate of 
     operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year;
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year;
       ``(C) the rate of operations provided for in the regular 
     appropriation bill as passed by the House of Representatives 
     or the Senate for the fiscal year in question, except that 
     the lower of these two versions shall be ignored for any 
     project or activity for which there is a budget request if no 
     funding is provided for that project or activity in either 
     version; or
       ``(D) the annualized rate of operations provided for in the 
     most recently enacted joint resolution making continuing 
     appropriations for part of that fiscal year or any funding 
     levels established under the provisions of this Act.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be; or
       ``(B) the last day of such fiscal year.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(e) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be

[[Page 21050]]

     granted for such project or activity to continue for such 
     period.
       ``(f) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies.
       ``(2) Commerce, Justice, Science, and Related Agencies.
       ``(3) Defense.
       ``(4) Energy and Water Development.
       ``(5) Financial Services and General Government.
       ``(6) Homeland Security.
       ``(7) Interior, Environment, and Related Agencies.
       ``(8) Labor, Health and Human Services, Education, and 
     Related Agencies.
       ``(9) Legislative Branch.
       ``(10) Military Construction, Veterans' Affairs, and 
     Related Agencies.
       ``(11) State, Foreign Operations, and Related Programs.
       ``(12) Transportation, Housing and Urban Development, and 
     Related Agencies.''.
       (b) Clerical Amendment.--The analysis of chapter 13 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 1310 the following new item:

``1311. Continuing appropriations''.
                                 ______
                                 
  SA 2483. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

     SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

       (a) In General.--Subject to subsection (c), and 
     notwithstanding any other provision of law, the Administrator 
     of the Federal Emergency Management Agency shall not prohibit 
     the use by the State of Louisiana under the Road Home Program 
     of that State of any amounts described in subsection (e), 
     based upon the existence or extent of any requirement or 
     condition under that program that--
       (1) limits the amount made available to an eligible 
     homeowner who does not agree to remain an owner and occupant 
     of a home in Louisiana; or
       (2) waives the applicability of any limitation described in 
     paragraph (1) for eligible homeowners who are elderly or 
     senior citizens.
       (b) Procedures.--The Administrator of the Federal Emergency 
     Management Agency shall identify and implement mechanisms to 
     simplify the expedited distribution of amounts described in 
     subsection (e), including--
       (1) creating a programmatic cost-benefit analysis to 
     provide a means of conducting cost-benefit analysis by 
     project type and geographic factors rather than on a 
     structure-by-structure basis; and
       (2) developing a streamlined environmental review process 
     to significantly speed the approval of project applications.
       (c) Waiver.--
       (1) In general.--Except as provided in paragraph (2), in 
     using amounts described in subsection (e), the President 
     shall waive the requirements of section 206.434(c) and 
     206.438(d) of title 44, Code of Federal Regulations (or any 
     corresponding similar regulation or ruling), or specify 
     alternative requirements, upon a request by the State of 
     Louisiana that such waiver is required to facilitate the 
     timely use of funds or a guarantee provided under section 404 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c).
       (2) Exception.--The President may not waive any requirement 
     relating to fair housing, nondiscrimination, labor standards, 
     or, except as provided in subsection (b), the environment 
     under paragraph (1).
       (d) Savings Provision.--Except as provided in subsections 
     (a), (b), and (c), section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) shall apply to amounts described in subsection (e) 
     that are used by the State of Louisiana under the Road Home 
     Program of that State.
       (e) Covered Amounts.--The amounts described in this 
     subsection are any amounts provided to the State of Louisiana 
     because of Hurricane Katrina of 2005 or Hurricane Rita of 
     2005 under the hazard mitigation grant program of the Federal 
     Emergency Management Agency under section 404 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170c).
                                 ______
                                 
  SA 2484. Mr. GREGG submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

     SEC. 536. ACCOUNTABILITY IN GRANT AND CONTRACT 
                   ADMINISTRATION.

       The Department of Homeland Security, through the Federal 
     Emergency Management Agency, shall--
       (1) consider implementation, through fair and open 
     competition, of management, tracking and accountability 
     systems to assist in managing grant allocations, 
     distribution, expenditures, and asset tracking; and
       (2) consider any efficiencies created through cooperative 
     purchasing agreements.
                                 ______
                                 
  SA 2485. Ms. COLLINS submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 33, strike line 25 and all that follows 
     through page 34, line 4, and insert the following: ``Affairs, 
     $117,400,000; of which $20,817,000 is for salaries and 
     expenses; of which $2,400,000 is for the implementation of 
     Homeland Security Presidential Directive/HSPD-9 (relating to 
     the defense of United States Agriculture and Food) and for 
     other food defense activities; and of which $94,183,000 is 
     for biosurveillance, biowatch, chemical response, and related 
     activities for the Department of Homeland Security, to remain 
     available until September 30, 2009: Provided, That amounts 
     appropriated under the subheading `Automation Modernization' 
     under the heading `U.S. Immigration and Customs Enforcement' 
     be reduced by $2,400,000: Provided further, That''.
                                 ______
                                 
  SA 2486. Ms. COLLINS (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 30, line 17, before the period insert the 
     following: ``Provided, That $10,043,000 shall be for the 
     Office of Bombing Prevention and not more than $26,100,000 
     shall be for the Next Generation Network''.

                                 ______
                                 
  SA 2487. Mrs. CLINTON (for herself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  The Administrator of the Transportation Security 
     Administration shall prohibit any butane lighters from being 
     taken into an airport sterile area or onboard an aircraft 
     until the Administrator provides to the Committee on 
     Appropriations of the Senate, the Committee on Appropriations 
     of the House of Representatives, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     Committee on Homeland Security of the House of 
     Representatives, and the Committee on Commerce, Science, and 
     Transportation of the Senate, a report identifying all 
     anticipated security benefits and any possible 
     vulnerabilities associated with allowing butane lighters into 
     airport sterile areas and onboard commercial aircraft, 
     including supporting analysis justifying the conclusions 
     reached. The Comptroller General of the United States shall 
     report on its assessment of the report submitted by the 
     Transportation Security Administration within 180 days of the 
     date the report is submitted. The Administrator shall not 
     take action to allow butane lighters into an airport sterile 
     area or onboard commercial aircraft until at least 60 days 
     after the Comptroller General submits the Comptroller 
     General's assessment of the Transportation Security 
     Administration report.
                                 ______
                                 
  SA 2488. Mr. VITTER (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69, after line 24, add the following:
       Sec. 536. None of the funds made available in this Act for 
     U.S. Customs and Border Protection or any agency or office 
     within the Department of Homeland Security may be used to 
     prevent an individual from importing a prescription drug from 
     Canada if--
       (1) such individual--

[[Page 21051]]

       (A) is not in the business of importing a prescription drug 
     (within the meaning of section 801(g) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 381(g))); and
       (B) only imports a personal-use quantity of such drug that 
     does not exceed a 90-day supply; and
       (2) such drug--
       (A) complies with sections 501, 502, and 505 of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 351, 352, and 355); 
     and
       (B) is not--
       (i) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (ii) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2489. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2448 submitted by Mr. Schumer (for himself and Mrs. 
Hutchison) to the amendment 2383 proposed by Mr. Byrd (for himself and 
Mr. Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, after line 13 of the amendment, insert the 
     following:

     SEC. 537. FEE FOR RECAPTURE OF UNUSED EMPLOYMENT-BASED 
                   IMMIGRANT VISAS.

       Section 106(d) of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note), as amended by section 536, is further 
     amended by adding at the end the following:
       ``(5) Fee for recapture of unused employment-based 
     immigrant visas.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     recaptured from fiscal years 1996 and 1997 under this 
     subsection to provide employment for an alien as a 
     professional nurse, provided that--
       ``(i) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and
       ``(ii) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--

       ``(I) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(II) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).

       ``(B) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to this paragraph shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.

     SEC. 538. DOMESTIC NURSING ENHANCEMENT ACCOUNT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(w) Domestic Nursing Enhancement Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Domestic Nursing Enhancement Account.' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(d)(5) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       ``(2) Use of funds.--Amounts collected under section 
     106(d)(5) of the American Competitiveness in the Twenty-first 
     Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note), 
     and deposited into the account established under paragraph 
     (1) shall be used by the Secretary of Health and Human 
     Services to carry out section 832 of the Public Health 
     Service Act. Such amounts shall be available for obligation 
     only to the extent, and in the amount, provided in advance in 
     appropriations Acts. Such amounts are authorized to remain 
     available until expended.''.

     SEC. 539. CAPITATION GRANTS TO INCREASE THE NUMBER OF NURSING 
                   FACULTY AND STUDENTS.

       Part D of title VIII of the Public Health Service Act (42 
     U.S.C. 296p et seq.) is amended by adding at the end the 
     following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a masters degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate relative to, for a 
     baccalaureate program, the number of students who were 
     enrolled in the class at the beginning of junior year or, for 
     an associate degree program, the number of students who were 
     enrolled in the class at the end of the first year) of not 
     less than 80 percent for each of the 3 academic years 
     preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding academic year 
     by 5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) shall not apply to the first 
     academic year for which a school receives a grant under this 
     section.
       ``(C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding academic years.
       ``(4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.
       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and

[[Page 21052]]

     schools of allied health, medicine, dentistry, osteopathy, 
     optometry, podiatry, pharmacy, public health, or veterinary 
     medicine, including training for the use of the 
     interdisciplinary team approach to the delivery of health 
     services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under this section and submit to 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than September 30, 2010, a final report on 
     such results.
       ``(g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under section 286(w) of the Immigration and 
     Nationality Act, there are authorized to be appropriated such 
     sums as may be necessary to carry out this section.''.

     SEC. 540. GLOBAL HEALTH CARE COOPERATION.

       (a) In General.--Title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
     inserting after section 317 the following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH 
                   CARE IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines to 
     be--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualified to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this section.
       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) a list of candidate countries not later than 6 months 
     after the date of the enactment of this section, and annually 
     thereafter; and
       ``(2) an amendment to the list described in paragraph (1) 
     at the time any country qualifies as a candidate country due 
     to special circumstances under subsection (b)(1)(C).''.
       (b) Rulemaking.--
       (1) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out the amendments made by this section.
       (2) Content.--The regulations promulgated pursuant to 
     paragraph (1) shall--
       (A) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (a)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (B) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such spouse or child, if appropriate, is authorized to reside 
     in such country under such section 317A; and
       (C) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (c) Technical and Conforming Amendments.--
       (1) Definition.--Section 101(a)(13)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end the following: ``except in 
     the case of an eligible alien, or the spouse or child of such 
     alien, who is authorized to be absent from the United States 
     under section 317A,''.
       (2) Documentary requirements.--Section 211(b) of such Act 
     (8 U.S.C. 1181(b)) is amended by inserting ``, including an 
     eligible alien authorized to reside in a foreign country 
     under section 317A and the spouse or child of such eligible 
     alien, if appropriate,'' after ``101(a)(27)(A),''.
       (3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such 
     Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
     ``other than an eligible alien authorized to reside in a 
     foreign country under section 317A and the spouse or child of 
     such eligible alien, if appropriate,'' after ``Act,''.
       (4) Naturalization.--Section 319(b) of such Act (8 U.S.C. 
     1430(b)) is amended by inserting ``an eligible alien who is 
     residing or has resided in a foreign country under section 
     317A'' before ``and (C)''.
       (5) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
              developing countries''.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to United States Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this section and the amendments made by this section.

     SEC. 541. ATTESTATION BY HEALTH CARE WORKERS.

       (a) Attestation Requirement.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)) is 
     amended by adding at the end the following:
       ``(E) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other health care 
     worker in consideration for a commitment to work as a 
     physician or other health care worker in the alien's country 
     of origin or the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;

[[Page 21053]]

       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (b) Effective Date; Application.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (2) Application by the secretary.--Not later than the 
     effective date described in paragraph (1), the Secretary 
     shall begin to carry out subparagraph (E) of section 
     212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(5)), including the requirement for the attestation 
     and the granting of a waiver described in clause (iii) of 
     such subparagraph (E), regardless of whether regulations to 
     implement such subparagraph have been promulgated.
                                 ______
                                 
  SA 2490. Mr. MENENDEZ (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

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

     SEC. 536. REPORT ON URBAN AREA SECURITY INITIATIVE.

       Not later than 180 days after the date of enactment of this 
     Act, the Government Accountability Office shall submit a 
     report to the appropriate congressional committees which 
     describes the criteria and factors the Department of Homeland 
     Security uses to determine the regional boundaries for Urban 
     Area Security Initiative regions, including a determination 
     if the Department is meeting its goal to implement a regional 
     approach with respect to Urban Area Security Initiative 
     regions, and provides recommendations for how the Department 
     can better facilitate a regional approach for Urban Area 
     Security Initiative regions.
                                 ______
                                 
  SA 2491. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 2638, making appropriations for the Department 
of Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. APPLICATION FOR TRANSPORT WORKER IDENTIFICATION 
                   CREDENTIAL.

       (a) In General.--The Secretary shall allow an employer to 
     use Homeport, a website maintained by the Coast Guard, to 
     conduct an initial screening for interim work authority for 
     employment aboard a vessel under section 104(c) of the SAFE 
     Port Act (46 U.S.C. 70105 note).
       (b) Time Limitation.--The Secretary shall allow an 
     applicant who has passed an initial screening for interim 
     work authority to be employed aboard a vessel for up to 180 
     days before requiring the employee to apply for a 
     Transportation Worker Identification Credential.
       (c) Limitation on Use of Funds.--No funds appropriated 
     under this Act may be used to require an employee to apply 
     for a Transportation Worker Identification Credential before 
     the Secretary makes available on Homeport the security 
     screening for interim work authority for employment aboard a 
     vessel required under section 104(c) of the SAFE Port Act (46 
     U.S.C. 70105 note).
                                 ______
                                 
  SA 2492. Mr. SANDERS (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 69, after line 24, add the following:
       Sec. 536. Prohibition on Use Funds for Rulemaking Related 
     to Petitions for Aliens.
       None of the funds made available in this Act may be used by 
     the Secretary of Homeland Security or any delegate of the 
     Secretary to issue any rule or regulation which implements 
     the Notice of Proposed Rulemaking related to Petitions for 
     Aliens To Perform Temporary Nonagricultural Services or Labor 
     (H-2B) set out beginning on 70 Federal Register 3984 (January 
     27, 2005), or any amendments reaching results similar to such 
     proposed rulemaking.
                                 ______
                                 
  SA 2493. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 2, line 11, strike ``$100,000,000'' and insert 
     ``$98,000,000''.
       On page 45, between lines 23 and 24, insert the following:

        grants for community wildfire preparedness and education

       For necessary expense for programs administered Assistant 
     Administrator for the United States Fire Administration to 
     educate communities about the dangers of wildfires and 
     provide information and resources to assist community 
     preparedness for wildfires, $2,000,000: Provided, That such 
     programs shall be targeted to provide education to 
     communities growing into the wildland urban interface and in 
     areas at risk for wildfire: Provided further, That such 
     programs shall be administered as part of the larger mission 
     of the United States Fire Administration within the Federal 
     Emergency Management Agency to reduce life and economic 
     losses due to fire and related emergencies, through 
     leadership, advocacy, coordination, and support.
                                 ______
                                 
  SA 2494. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

     SEC. 536. PROHIBITION OF RESTRICTION ON USE OF AMOUNTS.

       (a) In General.--Subject to subsection (c), and 
     notwithstanding any other provision of law, the Administrator 
     of the Federal Emergency Management Agency shall not prohibit 
     the use by the State of Louisiana under the Road Home Program 
     of that State of any amounts described in subsection (e), 
     based upon the existence or extent of any requirement or 
     condition under that program that--
       (1) limits the amount made available to an eligible 
     homeowner who does not agree to remain an owner and occupant 
     of a home in Louisiana; or
       (2) waives the applicability of any limitation described in 
     paragraph (1) for eligible homeowners who are elderly or 
     senior citizens.
       (b) Procedures.--The Administrator of the Federal Emergency 
     Management Agency shall identify and implement mechanisms to 
     simplify the expedited distribution of amounts described in 
     subsection (e), including--
       (1) creating a programmatic cost-benefit analysis to 
     provide a means of conducting cost-benefit analysis by 
     project type and geographic factors rather than on a 
     structure-by-structure basis; and
       (2) developing a streamlined environmental review process 
     to significantly speed the approval of project applications.
       (c) Waiver.--
       (1) In general.--Except as provided in paragraph (2), in 
     using amounts described in subsection (e), the President 
     shall waive the requirements of section 206.434(c) and 
     section 206.438(d) of title 44, Code of Federal Regulations 
     (or any corresponding similar regulation or ruling), or 
     specify alternative requirements, upon a request by the State 
     of Louisiana that such waiver is required to facilitate the 
     timely use of funds or a guarantee provided under section 404 
     of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170c).
       (2) Exception.--The President may not waive any requirement 
     relating to fair housing, nondiscrimination, labor standards, 
     or, except as provided in subsection (b), the environment 
     under paragraph (1).
       (d) Savings Provision.--Except as provided in subsections 
     (a), (b), and (c), section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c) shall apply to amounts described in subsection (e) 
     that are used by the State of Louisiana under the Road Home 
     Program of that State.
       (e) Covered Amounts.--The amounts described in this 
     subsection is $1,170,000,000 provided to the State of 
     Louisiana because of Hurricane Katrina of 2005 or Hurricane 
     Rita of 2005 under the hazard mitigation grant program of the 
     Federal Emergency Management Agency under section 404 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170c).
                                 ______
                                 
  SA 2495. Mr. ISAKSON submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:


[[Page 21054]]

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE ON IMMIGRATION.

       (a) Findings.--The Senate makes the following findings:
       (1) On June 28th, 2007, the Senate, by a vote of 46 to 53, 
     rejected a motion to invoke cloture on a bill to provide for 
     comprehensive immigration reform.
       (2) Illegal immigration remains the top domestic issue in 
     the United States.
       (3) The people of the United States continue to feel the 
     effects of a failed immigration system on a daily basis, and 
     they have not forgotten that Congress and the President have 
     a duty to address the issue of illegal immigration and the 
     security of the international borders of the United States.
       (4) People from across the United States have shared with 
     members of the Senate their wide ranging and passionate 
     opinions on how best to reform the immigration system.
       (5) There is no consensus on an approach to comprehensive 
     immigration reform that does not first secure the 
     international borders of the United States.
       (6) There is unanimity that the Federal Government has a 
     responsibility to, and immediately should, secure the 
     international borders of the United States.
       (7) Border security is an integral part of national 
     security.
       (8) The greatest obstacle the Federal Government faces with 
     respect to the people of the United States is a lack of trust 
     that the Federal Government will secure the international 
     borders of the United States.
       (9) This lack of trust is rooted in the past failures of 
     the Federal Government to uphold and enforce immigration laws 
     and the failure of the Federal Government to secure the 
     international borders of the United States.
       (10) Failure to uphold and enforce immigration laws has 
     eroded respect for those laws and eliminated the faith of the 
     people of the United States in the ability of their elected 
     officials to responsibly administer immigration programs.
       (11) It is necessary to regain the trust of the people of 
     the United States in the competency of the Federal Government 
     to enforce immigration laws and manage the immigration 
     system.
       (12) Securing the borders of the United States would serve 
     as a starting point to begin to address other issues 
     surrounding immigration reform on which there is not 
     consensus.
       (13) Congress has not fully funded some interior and border 
     security activities that it has authorized.
       (14) The President of the United States can initiate 
     emergency spending by designating certain spending as 
     ``emergency spending'' in a request to the Congress.
       (15) The lack of security on the international borders of 
     the United States rises to the level of an emergency.
       (16) The Border Patrol are apprehending some, but not all, 
     individuals from countries that the Secretary of State has 
     determined have repeatedly provided support for acts of 
     international terrorism who cross or attempt to cross 
     illegally into the United States.
       (17) The Federal Bureau of Investigation is investigating a 
     human smuggling ring that has been bringing Iraqis and other 
     Middle Eastern individuals across the international borders 
     of the United States.
       (b) Sense of Senate.--It is the sense of Senate that--
       (1) the Federal Government should work to regain the trust 
     of the people of the United States in its ability of the 
     Federal Government to secure the international borders of the 
     United States;
       (2) in order to restore the credibility of the Federal 
     Government on this critical issue, the Federal Government 
     should prove its ability to enforce immigration laws by 
     taking actions such as securing the border, stopping the flow 
     of illegal immigrants and drugs into the United States, and 
     creating a tamper-proof biometric identification card for 
     foreign workers; and
       (3) the President should request emergency spending that 
     fully funds--
       (A) existing interior and border security authorizations 
     that have not been funded by Congress; and
       (B) the border and interior security initiatives contained 
     in the bill to provide for comprehensive immigration reform 
     and for other purposes (S. 1639) introduced in the Senate on 
     June 18, 2007.
                                 ______
                                 
  SA 2496. Mr COCHRAN (for himself and Mr. Byrd) proposed an amendment 
to amendment SA 2488 submitted by Mr. Vitter (for himself and Ms. 
Stabenow) to the amendment SA 2383 proposed by Mr. Byrd (for himself 
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes, as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       None of the funds made available in this Act for United 
     States Customs and Border Protection may be used to prevent 
     an individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act: Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply: Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
                                 ______
                                 
  SA 2497. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, after line 24, insert the following:
       Sec. __.  None of the funds made available in this Act may 
     be used to destroy or put out to pasture any horse or other 
     equine belonging to the Federal Government that has become 
     unfit for service, unless the trainer or handler is first 
     given the option to take possession of the equine through an 
     adoption program that has safeguards against slaughter and 
     inhumane treatment.
                                 ______
                                 
  SA 2498. Mr. SANDERS (for himself and Mr. Feingold) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69, after line 24, add the following:
       Sec. 536. Prohibition on Use Funds for Rulemaking Related 
     to Petitions for Aliens.
       None of the funds made available in this Act may be used by 
     the Secretary of Homeland Security or any delegate of the 
     Secretary to issue any rule or regulation which implements 
     the Notice of Proposed Rulemaking related to Petitions for 
     Aliens To Perform Temporary Nonagricultural Services or Labor 
     (H-2B) set out beginning on 70 Federal Register 3984 (January 
     27, 2005).
                                 ______
                                 
  SA 2499. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536. (a) The amount appropriated by title II for 
     necessary expenses for the U.S. Customs and Border Protection 
     for enforcement of laws relating to border security, 
     immigration, customs, and agricultural inspections under the 
     heading ``salaries and expenses'' is increased by $30,000,000 
     to procure commercially available technology in order to 
     expand and improve the risk-based approach of the Department 
     of Homeland Security to target and inspect cargo containers 
     under the Secure Freight Initiative and the Global Trade 
     Exchange.
       (b) The amount appropriated by title IV under the heading 
     ``systems acquisition'' is reduced by $30,000,000.
                                 ______
                                 
  SA 2500. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. ENSURING THE SAFETY OF AGRICULTURAL IMPORTS.

       (a) Findings.--Congress makes the following findings:
       (1) The Food and Drug Administration, as part of its 
     responsibility to ensure the safety of agricultural and other 
     imports, maintains a presence at 91 of the 320 points of 
     entry into the United States.
       (2) United States Customs and Border Protection personnel 
     are responsible for monitoring imports and alerting the Food 
     and Drug Administration to suspicious material entering the 
     United States at the remaining 229 points of entry.
       (b) Report.--The Commissioner of United States Customs and 
     Border Protection shall submit a report to Congress that 
     describes the training of United States Customs and Border 
     Protection personnel to effectively

[[Page 21055]]

     assist the Food and Drug Administration in monitoring our 
     Nation's food supply.
                                 ______
                                 
  SA 2501. Ms. CANTWELL (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 22, beginning in line 15, strike ``Provided,'' and 
     insert ``Provided,'' That no funds shall be available for 
     procurements related to the acquisition of additional major 
     assets as part of the Integrated Deepwater Systems program 
     not already under contract until an Alternatives Analysis has 
     been completed by an independent qualified third party: 
     Provided further, That no funds contained in this Act shall 
     be available for procurement of the third National Security 
     Cutter until an Alternatives Analysis has been completed by 
     an independent qualified third party: Provided further'',.
                                 ______
                                 
  SA 2502. Mr. PRYOR (for himself, Mr. Craig, Mr. Schumer, Mr. 
Chambliss, Mr. Roberts, and Mr. Hagel) submitted an amendment intended 
to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself 
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; as follows:

       On page 30, line 14, strike ``by title II'' and all that 
     follows through ``2009.'' on line 17 and insert the following 
     ``by title II of the Homeland Security Act of 2002 (6 U.S.C. 
     121 et seq.) or subtitle J of title VIII of the Homeland 
     Security Act of 2002, as added by this Act, $527,099,000, of 
     which $497,099,000 shall remain available until September 30, 
     2009, and of which, $2,000,000 shall be to carry out subtitle 
     J of title VIII of the Homeland Security Act of 2002, as 
     added by this Act.''.

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

     SEC. 536. SECURE HANDLING OF AMMONIUM NITRATE.

       (a) In General.--Title VIII of the Homeland Security Act of 
     2002 (6 U.S.C. 361 et seq.) is amended by adding at the end 
     the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

     ``SEC. 899A. DEFINITIONS.

       ``In this subtitle:
       ``(1) Ammonium nitrate.--The term `ammonium nitrate' 
     means--
       ``(A) solid ammonium nitrate that is chiefly the ammonium 
     salt of nitric acid and contains not less than 33 percent 
     nitrogen by weight; and
       ``(B) any mixture containing a percentage of ammonium 
     nitrate that is equal to or greater than the percentage 
     determined by the Secretary under section 899B(b).
       ``(2) Ammonium nitrate facility.--The term `ammonium 
     nitrate facility' means any entity that produces, sells or 
     otherwise transfers ownership of, or provides application 
     services for ammonium nitrate.
       ``(3) Ammonium nitrate purchaser.--The term `ammonium 
     nitrate purchaser' means any person who buys and takes 
     possession of ammonium nitrate from an ammonium nitrate 
     facility.

     ``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM 
                   NITRATE.

       ``(a) In General.--The Secretary shall regulate the sale 
     and transfer of ammonium nitrate by an ammonium nitrate 
     facility in accordance with this subtitle to prevent the 
     misappropriation or use of ammonium nitrate in an act of 
     terrorism.
       ``(b) Ammonium Nitrate Mixtures.--Not later than 90 days 
     after the date of the enactment of this subtitle, the 
     Secretary, in consultation with the heads of appropriate 
     Federal departments and agencies (including the Secretary of 
     Agriculture), shall, after notice and an opportunity for 
     comment, establish a threshold percentage for ammonium 
     nitrate in a substance.
       ``(c) Registration of Owners of Ammonium Nitrate 
     Facilities.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) owns an ammonium nitrate facility is required to 
     register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) shall submit to the Secretary--
       ``(A) the name, address, and telephone number of each 
     ammonium nitrate facility owned by that person;
       ``(B) the name of the person designated by that person as 
     the point of contact for each such facility, for purposes of 
     this subtitle; and
       ``(C) such other information as the Secretary may determine 
     is appropriate.
       ``(d) Registration of Ammonium Nitrate Purchasers.--
       ``(1) Registration.--The Secretary shall establish a 
     process by which any person that--
       ``(A) intends to be an ammonium nitrate purchaser is 
     required to register with the Department; and
       ``(B) registers under subparagraph (A) is issued a 
     registration number for purposes of this subtitle.
       ``(2)  Registration information.--Any person applying to 
     register under paragraph (1) as an ammonium nitrate purchaser 
     shall submit to the Secretary--
       ``(A) the name, address, and telephone number of the 
     applicant; and
       ``(B) the intended use of ammonium nitrate to be purchased 
     by the applicant.
       ``(e) Records.--
       ``(1) Maintenance of records.--The owner of an ammonium 
     nitrate facility shall--
       ``(A) maintain a record of each sale or transfer of 
     ammonium nitrate, during the two-year period beginning on the 
     date of that sale or transfer; and
       ``(B) include in such record the information described in 
     paragraph (2).
       ``(2) Specific information required.--For each sale or 
     transfer of ammonium nitrate, the owner of an ammonium 
     nitrate facility shall--
       ``(A) record the name, address, telephone number, and 
     registration number issued under subsection (c) or (d) of 
     each person that takes possession of ammonium nitrate, in a 
     manner prescribed by the Secretary;
       ``(B) if applicable, record the name, address, and 
     telephone number of each individual who takes possession of 
     the ammonium nitrate on behalf of the person described in 
     subparagraph (A), at the point of sale;
       ``(C) record the date and quantity of ammonium nitrate sold 
     or transferred; and
       ``(D) verify the identity of the persons described in 
     subparagraphs (A) and (B), as applicable, in accordance with 
     a procedure established by the Secretary.
       ``(3) Protection of information.--In maintaining records in 
     accordance with paragraph (1), the owner of an ammonium 
     nitrate facility shall take reasonable actions to ensure the 
     protection of the information included in such records.
       ``(f) Exemption for Explosive Purposes.--The Secretary may 
     exempt from this subtitle a person producing, selling, or 
     purchasing ammonium nitrate exclusively for use in the 
     production of an explosive under a license issued under 
     chapter 40 of title 18, United States Code.
       ``(g) Consultation.--In carrying out this section, the 
     Secretary shall consult with the Secretary of Agriculture, 
     States, and appropriate private sector entities, to ensure 
     that the access of agricultural producers to ammonium nitrate 
     is not unduly burdened.
       ``(h) Data Confidentiality.--
       ``(1) In general.--Notwithstanding section 552 of title 5, 
     United States Code, or the USA PATRIOT ACT (Public Law 107-
     56; 115 Stat. 272), and except as provided in paragraph (2), 
     the Secretary may not disclose to any person any information 
     obtained under this subtitle.
       ``(2) Exception.--The Secretary may disclose any 
     information obtained by the Secretary under this subtitle 
     to--
       ``(A) an officer or employee of the United States, or a 
     person that has entered into a contract with the United 
     States, who has a need to know the information to perform the 
     duties of the officer, employee, or person; or
       ``(B) to a State agency under section 899D, under 
     appropriate arrangements to ensure the protection of the 
     information.
       ``(i) Registration Procedures and Check of Terrorist 
     Screening Database.--
       ``(1) Registration procedures.--
       ``(A) Generally.--The Secretary shall establish procedures 
     to efficiently receive applications for registration numbers 
     under this subtitle, conduct the checks required under 
     paragraph (2), and promptly issue or deny a registration 
     number.
       ``(B) Initial six-month registration period.--The Secretary 
     shall take steps to maximize the number of registration 
     applications that are submitted and processed during the six-
     month period described in section 899F(e).
       ``(2) Check of terrorist screening database.--
       ``(A) Check required.--The Secretary shall conduct a check 
     of appropriate identifying information of any person seeking 
     to register with the Department under subsection (c) or (d) 
     against identifying information that appears in the terrorist 
     screening database of the Department.
       ``(B) Authority to deny registration number.--If the 
     identifying information of a person seeking to register with 
     the Department under subsection (c) or (d) appears in the 
     terrorist screening database of the Department, the Secretary 
     may deny issuance of a registration number under this 
     subtitle.
       ``(3) Expedited review of applications.--
       ``(A) In general.--Following the six-month period described 
     in section 899F(e), the Secretary shall, to the extent 
     practicable, issue or deny registration numbers under this 
     subtitle not later than 72 hours after the time the Secretary 
     receives a complete registration application, unless the 
     Secretary determines, in the interest of national security,

[[Page 21056]]

     that additional time is necessary to review an application.
       ``(B) Notice of application status.--In all cases, the 
     Secretary shall notify a person seeking to register with the 
     Department under subsection (c) or (d) of the status of the 
     application of that person not later than 72 hours after the 
     time the Secretary receives a complete registration 
     application.
       ``(4) Expedited appeals process.--
       ``(A) Requirement.--
       ``(i) Appeals process.--The Secretary shall establish an 
     expedited appeals process for persons denied a registration 
     number under this subtitle.
       ``(ii) Time period for resolution.--The Secretary shall, to 
     the extent practicable, resolve appeals not later than 72 
     hours after receiving a complete request for appeal unless 
     the Secretary determines, in the interest of national 
     security, that additional time is necessary to resolve an 
     appeal.
       ``(B) Consultation.--The Secretary, in developing the 
     appeals process under subparagraph (A), shall consult with 
     appropriate stakeholders.
       ``(C) Guidance.--The Secretary shall provide guidance 
     regarding the procedures and information required for an 
     appeal under subparagraph (A) to any person denied a 
     registration number under this subtitle.
       ``(5) Restrictions on use and maintenance of information.--
       ``(A) In general.--Any information constituting grounds for 
     denial of a registration number under this section shall be 
     maintained confidentially by the Secretary and may be used 
     only for making determinations under this section.
       ``(B) Sharing of information.--Notwithstanding any other 
     provision of this subtitle, the Secretary may share any such 
     information with Federal, State, local, and tribal law 
     enforcement agencies, as appropriate.
       ``(6) Registration information.--
       ``(A) Authority to require information.--The Secretary may 
     require a person applying for a registration number under 
     this subtitle to submit such information as may be necessary 
     to carry out the requirements of this section.
       ``(B) Requirement to update information.--The Secretary may 
     require persons issued a registration under this subtitle to 
     update registration information submitted to the Secretary 
     under this subtitle, as appropriate.
       ``(7) Re-checks against terrorist screening database.--
       ``(A) Re-checks.--The Secretary shall, as appropriate, 
     recheck persons provided a registration number pursuant to 
     this subtitle against the terrorist screening database of the 
     Department, and may revoke such registration number if the 
     Secretary determines such person may pose a threat to 
     national security.
       ``(B) Notice of revocation.--The Secretary shall, as 
     appropriate, provide prior notice to a person whose 
     registration number is revoked under this section and such 
     person shall have an opportunity to appeal, as provided in 
     paragraph (4).

     ``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

       ``The Secretary shall establish a process for the periodic 
     inspection and auditing of the records maintained by owners 
     of ammonium nitrate facilities for the purpose of monitoring 
     compliance with this subtitle or for the purpose of deterring 
     or preventing the misappropriation or use of ammonium nitrate 
     in an act of terrorism.

     ``SEC. 899D. ADMINISTRATIVE PROVISIONS.

       ``(a) Cooperative Agreements.--The Secretary--
       ``(1) may enter into a cooperative agreement with the 
     Secretary of Agriculture, or the head of any State department 
     of agriculture or its designee involved in agricultural 
     regulation, in consultation with the State agency responsible 
     for homeland security, to carry out the provisions of this 
     subtitle; and
       ``(2) wherever possible, shall seek to cooperate with State 
     agencies or their designees that oversee ammonium nitrate 
     facility operations when seeking cooperative agreements to 
     implement the registration and enforcement provisions of this 
     subtitle.
       ``(b) Delegation.--
       ``(1) Authority.--The Secretary may delegate to a State the 
     authority to assist the Secretary in the administration and 
     enforcement of this subtitle.
       ``(2) Delegation required.--At the request of a Governor of 
     a State, the Secretary shall delegate to that State the 
     authority to carry out functions under sections 899B and 
     899C, if the Secretary determines that the State is capable 
     of satisfactorily carrying out such functions.
       ``(3) Funding.--Subject to the availability of 
     appropriations, if the Secretary delegates functions to a 
     State under this subsection, the Secretary shall provide to 
     that State sufficient funds to carry out the delegated 
     functions.
       ``(c) Provision of Guidance and Notification Materials to 
     Ammonium Nitrate Facilities.--
       ``(1) Guidance.--The Secretary shall make available to each 
     owner of an ammonium nitrate facility registered under 
     section 899B(c)(1) guidance on--
       ``(A) the identification of suspicious ammonium nitrate 
     purchases or transfers or attempted purchases or transfers;
       ``(B) the appropriate course of action to be taken by the 
     ammonium nitrate facility owner with respect to such a 
     purchase or transfer or attempted purchase or transfer, 
     including--
       ``(i) exercising the right of the owner of the ammonium 
     nitrate facility to decline sale of ammonium nitrate; and
       ``(ii) notifying appropriate law enforcement entities; and
       ``(C) additional subjects determined appropriate by to 
     prevent the misappropriation or use of ammonium nitrate in an 
     act of terrorism.
       ``(2) Use of materials and programs.--In providing guidance 
     under this subsection, the Secretary shall, to the extent 
     practicable, leverage any relevant materials and programs.
       ``(3) Notification materials.--
       ``(A) In general.--The Secretary shall make available 
     materials suitable for posting at locations where ammonium 
     nitrate is sold.
       ``(B) Design of materials.--Materials made available under 
     subparagraph (A) shall be designed to notify prospective 
     ammonium nitrate purchasers of--
       ``(i) the record-keeping requirements under section 899B; 
     and
       ``(ii) the penalties for violating such requirements.

     ``SEC. 899E. THEFT REPORTING REQUIREMENT.

       ``Any person who is required to comply with section 899B(e) 
     who has knowledge of the theft or unexplained loss of 
     ammonium nitrate shall report such theft or loss to the 
     appropriate Federal law enforcement authorities not later 
     than 1 calendar day of the date on which the person becomes 
     aware of such theft or loss. Upon receipt of such report, the 
     relevant Federal authorities shall inform State, local, and 
     tribal law enforcement entities, as appropriate.

     ``SEC. 899F. PROHIBITIONS AND PENALTY.

       ``(a) Prohibitions.--
       ``(1) Taking possession.--No person shall take possession 
     of ammonium nitrate from an ammonium nitrate facility unless 
     such person is registered under subsection (c) or (d) of 
     section 899B, or is an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(2) Transferring possession.--An owner of an ammonium 
     nitrate facility shall not transfer possession of ammonium 
     nitrate from the ammonium nitrate facility to any person who 
     is not registered under subsection (c) or (d) of section 
     899B, or is not an agent of a person registered under 
     subsection (c) or (d) of that section.
       ``(3) Other prohibitions.--No person shall--
       ``(A) buy and take possession of ammonium nitrate without a 
     registration number required under subsection (c) or (d) of 
     section 899B;
       ``(B) own or operate an ammonium nitrate facility without a 
     registration number required under section 899B(c); or
       ``(C) fail to comply with any requirement or violate any 
     other prohibition under this subtitle.
       ``(b) Civil Penalty.--A person that violates this subtitle 
     may be assessed a civil penalty by the Secretary of not more 
     than $50,000 per violation.
       ``(c) Penalty Considerations.--In determining the amount of 
     a civil penalty under this section, the Secretary shall 
     consider--
       ``(1) the nature and circumstances of the violation;
       ``(2) with respect to the person who commits the violation, 
     any history of prior violations, the ability to pay the 
     penalty, and any effect the penalty is likely to have on the 
     ability of such person to do business; and
       ``(3) any other matter that the Secretary determines that 
     justice requires.
       ``(d) Notice and Opportunity for a Hearing.--No civil 
     penalty may be assessed under this subtitle unless the person 
     liable for the penalty has been given notice and an 
     opportunity for a hearing on the violation for which the 
     penalty is to be assessed in the county, parish, or 
     incorporated city of residence of that person.
       ``(e) Delay in Application of Prohibition.--Paragraphs (1) 
     and (2) of subsection (a) shall apply on and after the date 
     that is 6 months after the date that the Secretary issues of 
     a final rule implementing this subtitle.

     ``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

       ``(a) In General.--Notwithstanding any other provision of 
     law, an owner of an ammonium nitrate facility that in good 
     faith refuses to sell or transfer ammonium nitrate to any 
     person, or that in good faith discloses to the Department or 
     to appropriate law enforcement authorities an actual or 
     attempted purchase or transfer of ammonium nitrate, based 
     upon a reasonable belief that the person seeking purchase or 
     transfer of ammonium nitrate may use the ammonium nitrate to 
     create an explosive device to be employed in an act of 
     terrorism (as defined in section 3077 of title 18, United 
     States Code), or to use ammonium nitrate for any other 
     unlawful purpose, shall not be liable in any civil action 
     relating to that refusal to sell ammonium nitrate or that 
     disclosure.

[[Page 21057]]

       ``(b) Reasonable Belief.--A reasonable belief that a person 
     may use ammonium nitrate to create an explosive device to be 
     employed in an act of terrorism under subsection (a) may not 
     solely be based on the race, sex, national origin, creed, 
     religion, status as a veteran, or status as a member of the 
     Armed Forces of the United States of that person.

     ``SEC. 899H. PREEMPTION OF OTHER LAWS.

       ``(a) Other Federal Regulations.--Except as provided in 
     section 899G, nothing in this subtitle affects any regulation 
     issued by any agency other than an agency of the Department.
       ``(b) State Law.--Subject to section 899G, this subtitle 
     preempts the laws of any State to the extent that such laws 
     are inconsistent with this subtitle, except that this 
     subtitle shall not preempt any State law that provides 
     additional protection against the acquisition of ammonium 
     nitrate by terrorists or the use of ammonium nitrate in 
     explosives in acts of terrorism or for other illicit 
     purposes, as determined by the Secretary.

     ``SEC. 899I. DEADLINES FOR REGULATIONS.

       ``The Secretary--
       ``(1) shall issue a proposed rule implementing this 
     subtitle not later than 6 months after the date of the 
     enactment of this subtitle; and
       ``(2) issue a final rule implementing this subtitle not 
     later than 1 year after such date of enactment.

     ``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Secretary--
       ``(1) $2,000,000 for fiscal year 2008; and
       ``(2) $10,750,000 for each of fiscal years 2009 through 
     2012.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 899 the following:

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``Sec. 899A. Definitions.
``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
``Sec. 899C. Inspection and auditing of records.
``Sec. 899D. Administrative provisions.
``Sec. 899E. Theft reporting requirement.
``Sec. 899F. Prohibitions and penalty.
``Sec. 899G. Protection from civil liability.
``Sec. 899H. Preemption of other laws.
``Sec. 899I. Deadlines for regulations.
``Sec. 899J. Authorization of appropriations.''.
                                 ______
                                 
  SA 2503. Mr. MARTINEZ (for himself, Mr. Kyl, and Mr. Graham) 
submitted an amendment intended to be proposed to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       On page 69, after line 24, add the following:
       Sec. 536. (a) Use of Biometric Social Security Cards to 
     Establish Employment Authorization and Identity.--Section 
     274A(b)(1)(B) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(b)(1)(B)) is amended--
       (1) in clause (ii)(III), by striking ``use.'' and inserting 
     ``use; or''; and
       (2) by adding at the end the following:
       ``(iii) social security card (other than a card that 
     specifies on its face that the card is not valid for 
     establishing employment authorization in the United States) 
     that bears a photograph and meets the standards established 
     under section 536(c) of the Department of Homeland Security 
     Appropriations Act, 2008, upon the recommendation of the 
     Secretary of Homeland Security, in consultation with the 
     Commissioner of Social Security, pursuant to section 
     536(e)(1) of such Act.''.
       (b) Access to Social Security Card Information.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following:
       ``(I) As part of the employment eligibility verification 
     system established under section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a), the Commissioner of Social 
     Security shall provide to the Secretary of Homeland Security 
     access to any photograph, other feature, or information 
     included in the social security card.''.
       (c) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant 
     Social Security Cards.--
       (1) Issuance.--Not later than first day of the second 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (f), the 
     Commissioner of Social Security shall begin to administer and 
     issue fraud-resistant, tamper-resistant, and wear-resistant 
     social security cards displaying a photograph.
       (2) Interim.--Not later than the first day of the seventh 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (f), the 
     Commissioner of Social Security shall issue only fraud-
     resistant, tamper-resistant, and wear-resistant social 
     security cards displaying a photograph.
       (3) Completion.--Not later than the first day of the tenth 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (f), all social 
     security cards that are not fraud-resistant, tamper-
     resistant, and wear-resistant shall be invalid for 
     establishing employment authorization for any individual 16 
     years of age or older.
       (4) Exemption.--Nothing in this section shall require an 
     individual under the age of 16 years to be issued or to 
     present for any purpose a social security card described in 
     this subsection. Nothing in this section shall prohibit the 
     Commissioner of Social Security from issuing a social 
     security card not meeting the requirements of this subsection 
     to an individual under the age of 16 years who otherwise 
     meets the eligibility requirements for a social security 
     card.
       (d) Duties of the Social Security Administration.--The 
     Commissioner of Social Security--
       (1) shall issue a social security card to an individual at 
     the time of the issuance of a social security account number 
     to such individual, which card shall--
       (A) contain such security and identification features as 
     determined by the Secretary of Homeland Security, in 
     consultation with the Commissioner; and
       (B) be fraud-resistant, tamper-resistant, and wear-
     resistant;
       (2) shall, in consultation with the Secretary of Homeland 
     Security, issue regulations specifying such particular 
     security and identification features, renewal requirements 
     (including updated photographs), and standards for the social 
     security card as necessary to be acceptable for purposes of 
     establishing identity and employment authorization under the 
     immigration laws of the United States; and
       (3) may not issue a replacement social security card to any 
     individual unless the Commissioner determines that the 
     purpose for requiring the issuance of the replacement 
     document is legitimate.
       (e) Reporting Requirements.--
       (1) Report on the use of identification documents.--Not 
     later than the first day of the tenth fiscal year in which 
     amounts are appropriated pursuant to the authorization of 
     appropriations in subsection (f), the Secretary of Homeland 
     Security shall submit to Congress a report recommending which 
     documents, if any, among those described in section 
     274A(b)(1)(B) of the Immigration and Nationality Act (8 
     U.S.C. 1324a(b)(1)(B)), should continue to be used to 
     establish identity and employment authorization in the United 
     States.
       (2) Report on implementation.--Not later than 12 months 
     after the date on which the Commissioner begins to administer 
     and issue fraud-resistant, tamper-resistant, and wear-
     resistant cards under subsection (c)(1) of this section, and 
     annually thereafter, the Commissioner shall submit to 
     Congress a report on the implementation of this section. The 
     report shall include analyses of the amounts needed to be 
     appropriated to implement this section, and of any measures 
     taken to protect the privacy of individuals who hold social 
     security cards described in this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section and the amendments made by this section.
                                 ______
                                 
  SA 2504. Mr. LEVIN (for himself, Mr. Tester, Ms. Stabenow, and Mr. 
Dorgan) submitted an amendment intended to be proposed to amendment SA 
2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

         At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS.

         It is the sense of Congress that sufficient funds should 
     be appropriated to allow the Secretary to increase the number 
     of personnel of United States Customs and Border Protection 
     protecting the northern border by 1,517 officers and 788 
     agents, as authorized by--
         (1) section 402 of the Uniting and Strengthening America 
     by Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 
     107-56);
         (2) section 331 of the Trade Act of 2002 (Public Law 107-
     210); and
         (3) section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
                                 ______
                                 
  SA 2505. Mr. DORGAN (for himself, Mr. Conrad, and Mr. Byrd) proposed 
an amendment to amendment SA 2468 proposed by Ms. Landrieu to the 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

         At the end of the amendment, add the following:
         Sec. 536. (a) Enhanced Reward for Capture of Osama Bin 
     Laden.--Section 36(e)(1)

[[Page 21058]]

     of the State Department Basic Authorities Act of 1956 (22 
     U.S.C. 2708(e)(1)) is amended by adding at the end the 
     following new sentence: ``The Secretary shall authorize a 
     reward of $50,000,000 for the capture or killing, or 
     information leading to the capture or death, of Osama bin 
     Laden.''.
         (b) Status of Efforts To Bring Osama Bin Laden and Other 
     Leaders of Al Qaeda to Justice.--
         (1) Reports required.--Not later than 90 days after the 
     date of the enactment of this Act, and every 90 days 
     thereafter, the Secretary of State and the Secretary of 
     Defense shall, in coordination with the Director of National 
     Intelligence, jointly submit to Congress a report on the 
     progress made in bringing Osama bin Laden and other leaders 
     of al Qaeda to justice.
         (2) Elements.--Each report under paragraph (1) shall 
     include, current as of the date of such report, the 
     following:
         (A) An assessment of the likely current location of 
     terrorist leaders, including Osama bin Laden, Ayman al-
     Zawahiri, and other key leaders of al Qaeda.
         (B) A description of ongoing efforts to bring to justice 
     such terrorist leaders, particularly those who have been 
     directly implicated in attacks in the United States and its 
     embassies.
         (C) An assessment of whether the government of each 
     country assessed as a likely location of top leaders of al 
     Qaeda has fully cooperated in efforts to bring those leaders 
     to justice.
         (D) A description of diplomatic efforts currently being 
     made to improve the cooperation of the governments described 
     in subparagraph (C).
         (E) A description of the current status of the top 
     leadership of al Qaeda and the strategy for locating them and 
     bringing them to justice.
         (F) An assessment of whether al Qaeda remains the 
     terrorist organization that poses the greatest threat to 
     United States interests, including the greatest threat to the 
     territorial United States.
         (3) Form of report.--Each report submitted to Congress 
     under paragraph (1) shall be submitted in a classified form, 
     and shall be accompanied by a report in unclassified form 
     that redacts the classified information in the report.
                                 ______
                                 
  SA 2506. Mr. NELSON of Nebraska (for himself and Mr. Leahy) submitted 
an amendment intended to be proposed to amendment SA 2383 proposed by 
Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 35, line 24, strike ``to be allocated'' and all 
     that follows through ``3714)'' on line 26 and insert the 
     following: ``of which, each State shall be allocated not less 
     than 0.75 percent of the total amount appropriated in this 
     paragraph, except that the Virgin Islands, America Samoa, 
     Guam, and the Northern Mariana Islands each shall be 
     allocated not less than 0.25 percent of the total amount 
     appropriated in this paragraph''.
                                 ______
                                 
  SA 2507. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       On page 69, between after line 24, add the following:
       Sec. 536. (a) Study on Implementation of Voluntary 
     Provision of Emergency Services Program.--(1) Not later than 
     180 days after the date of the enactment of this Act, the 
     Administrator of the Transportation Security Administration 
     shall conduct a study on the implementation of the voluntary 
     provision of emergency services program established pursuant 
     to section 44944(a) of title 49, United States Code (referred 
     to in this section as the ``program'').
       (2) As part of the study required by paragraph (1), the 
     Administrator shall assess the following:
       (A) Whether training protocols established by air carriers 
     and foreign air carriers include training pertinent to the 
     program and whether such training is effective for purposes 
     of the program.
       (B) Whether employees of air carriers and foreign air 
     carriers responsible for implementing the program are 
     familiar with the provisions of the program.
       (C) The degree to which the program has been implemented in 
     airports.
       (D) Whether a helpline or other similar mechanism of 
     assistance provided by an air carrier, foreign air carrier, 
     or the Transportation Security Administration should be 
     established to provide assistance to employees of air 
     carriers and foreign air carriers who are uncertain of the 
     procedures of the program.
       (3) In making the assessment required by paragraph (2)(C), 
     the Administrator may make use of unannounced interviews or 
     other reasonable and effective methods to test employees of 
     air carriers and foreign air carriers responsible for 
     registering law enforcement officers, firefighters, and 
     emergency medical technicians as part of the program.
       (4)(A) Not later than 60 days after the completion of the 
     study required by paragraph (1), the Administrator shall 
     submit to Congress a report on the findings of such study.
       (B) The Administrator shall make such report available to 
     the public by Internet web site or other appropriate method.
       (b) Publication of Report Previously Submitted.--The 
     Administrator shall make available to the public on the 
     Internet web site of the Transportation Security 
     Administration or the Department of Homeland Security the 
     report required by section 554(b) of the Department of 
     Homeland Security Appropriations Act, 2007 (Public Law 109-
     295).
       (c) Mechanism for Reporting Problems.--The Administrator 
     shall develop a mechanism on the Internet web site of the 
     Transportation Security Administration or the Department of 
     Homeland Security by which first responders may report 
     problems with or barriers to volunteering in the program. 
     Such mechanism shall also provide information on how to 
     submit comments related to volunteering in the program.
       (d) Air Carrier and Foreign Air Carrier Defined.--In this 
     section, the terms ``air carrier'' and ``foreign air 
     carrier'' have the meaning given such terms in section 40102 
     of title 49, United States Code.
                                 ______
                                 
  SA 2508. Mr. LIEBERMAN (for herself, Ms. Collins, and Mr. Carper) 
submitted an amendment intended to be proposed to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       On page 35, line 15, strike ``costs.'' and insert the 
     following: ``costs: Provided further, That of the total 
     amount made available under this heading, $1,000,000 shall be 
     to develop a web-based version of the National Fire Incident 
     Reporting System that will ensure that fire-related data can 
     be submitted and accessed by fire departments in real 
     time.''.

       On page 5, line 3, strike ``expenses.'' and insert the 
     following: ``expenses: Provided, That the Director of 
     Operations Coordination shall encourage rotating State and 
     local fire service representation at the National Operations 
     Center.''.
                                 ______
                                 
  SA 2509. Mrs. McCASKILL (for herself, Mr. Obama, Mr. Pryor, Ms. 
Landrieu, Mr. Lieberman, and Mr. Kerry) submitted an amendment intended 
to be proposed to amendment SA 2383 proposed by Mr. Byrd (for himself 
and Mr. Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; as follows:

       On page 5, line 20, before the period, insert the 
     following: ``: Provided, That the Inspector General shall 
     investigate decisions made regarding, and the policy of the 
     Federal Emergency Management Agency relating to, formaldehyde 
     in trailers in the Gulf Coast region, the process used by the 
     Federal Emergency Management Agency for collecting, 
     reporting, and responding to health and safety concerns of 
     occupants of housing supplied by the Federal Emergency 
     Management Agency (including such housing supplied through a 
     third party), and whether the Federal Emergency Management 
     Agency adequately addressed public health and safety issues 
     of households to which the Federal Emergency Management 
     Agency provides disaster housing (including whether the 
     Federal Emergency Management Agency adequately notified 
     recipients of such housing, as appropriate, of potential 
     health and safety concerns and whether the institutional 
     culture of the Federal Emergency Management Agency properly 
     prioritizes health and safety concerns of recipients of 
     assistance from the Federal Emergency Management Agency), and 
     submit a report to Congress relating to that investigation, 
     including any recommendations''.

       On page 35, line 15, before the period, insert the 
     following: ``: Provided further, That not later than 30 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall, as 
     appropriate, update training practices for all customer 
     service employees, employees in the Office of General 
     Counsel, and other appropriate employees of the Federal 
     Emergency Management Agency relating to addressing health 
     concerns of recipients of assistance from the Federal 
     Emergency Management Agency''.

       On page 40, line 24, before the period, insert the 
     following: ``: Provided further, That not later than 15 days 
     after the date of enactment of this Act, the Administrator of 
     the Federal Emergency Management Agency shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate

[[Page 21059]]

     a report detailing the actions taken as of that date, and any 
     actions the Administrator will take, regarding the response 
     of the Federal Emergency Management Agency to concerns over 
     formaldehyde exposure, which shall include a description of 
     any disciplinary or other personnel actions taken, a detailed 
     policy for responding to any reports of potential health 
     hazards posed by any materials provided by the Federal 
     Emergency Management Agency (including housing, food, water, 
     or other materials), and a description of any additional 
     resources needed to implement such policy: Provided further, 
     That the Administrator of the Federal Emergency Management 
     Agency, in conjunction with the head of the Office of Health 
     Affairs of the Department of Homeland Security, the Director 
     of the Centers for Disease Control and Prevention, and the 
     Administrator of the Environmental Protection Agency, shall 
     design a program to scientifically test a representative 
     sample of travel trailers and mobile homes provided by the 
     Federal Emergency Management Agency, and surplus travel 
     trailers and mobile homes to be sold or transferred by the 
     Federal government on or after the date of enactment of this 
     Act, for formaldehyde and, not later than 15 days after the 
     date of enactment of this Act, submit to the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report regarding the 
     program designed, including a description of the design of 
     the testing program and the quantity of and conditions under 
     which trailers and mobile homes shall be tested and the 
     justification for such design of the testing: Provided 
     further, That in order to protect the health and safety of 
     disaster victims, the testing program designed under the 
     previous proviso shall provide for initial short-term 
     testing, and longer-term testing, as required: Provided 
     further, That not later than 45 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall, at a minimum, complete the initial 
     short-term testing described in the previous proviso: 
     Provided further, That, to the extent feasible, the 
     Administrator of the Federal Emergency Management Agency 
     shall use a qualified contractor residing or doing business 
     primarily in the Gulf Coast Area to carry out the testing 
     program designed under this heading: Provided further, That, 
     not later than 30 days after the date that the Administrator 
     of the Federal Emergency Management Agency completes the 
     short-term testing under this heading, the Administrator of 
     the Federal Emergency Management Agency, in conjunction with 
     the head of the Office of Health Affairs of the Department of 
     Homeland Security, the Director of the Centers for Disease 
     Control and Prevention, and the Administrator of the 
     Environmental Protection Agency, shall submit to the 
     Committee on Appropriations and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     describing the results of the testing, analyzing such 
     results, providing an assessment of whether there are any 
     health risks associated with the results and the nature of 
     any such health risks, and detailing the plans of the 
     Administrator of the Federal Emergency Management Agency to 
     act on the results of the testing, including any need to 
     relocate individuals living in the trailers or mobile homes 
     provided by the Federal Emergency Management Agency or 
     otherwise assist individuals affected by the results, plans 
     for the sale or transfer of any trailers or mobile homes 
     (which shall be made in coordination with the Administrator 
     of General Services), and plans to conduct further testing: 
     Provided further, That after completing longer-term testing 
     under this heading, the Administrator of the Federal 
     Emergency Management Agency, in conjunction with the head of 
     the Office of Health Affairs of the Department of Homeland 
     Security, the Director of the Centers for Disease Control and 
     Prevention, and the Administrator of the Environmental 
     Protection Agency, shall submit to the Committee on 
     Appropriations and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report describing the 
     results of the testing, analyzing such results, providing an 
     assessment of whether any health risks are associated with 
     the results and the nature of any such health risks, 
     incorporating any additional relevant information from the 
     shorter-term testing completed under this heading, and 
     detailing the plans and recommendations of the Administrator 
     of the Federal Emergency Management Agency to act on the 
     results of the testing.
                                 ______
                                 
  SA 2510. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

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

       (a) In General.--The Secretary of Homeland Security shall 
     improve the basic pilot program described in section 403(a) 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note) to--
       (1) respond to inquiries made by participating employers 
     through the Internet to help confirm an individual's identity 
     and determine whether the individual is authorized to be 
     employed in the United States;
       (2) maximize the reliability and ease of use of the basic 
     pilot program by employers, while insulating and protecting 
     the privacy and security of the underlying information;
       (3) respond accurately to all inquiries made by employers 
     on whether individuals are authorized to be employed in the 
     United States;
       (4) maintain appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       (5) allow for auditing the use of the system to detect 
     fraud and identify theft, and to preserve the security of the 
     information collected through the basic pilot program, 
     including--
       (A) the development and use of algorithms to detect 
     potential identity theft, such as multiple uses of the same 
     identifying information or documents;
       (B) the development and use of algorithms to detect misuse 
     of the system by employers and employees; and
       (C) the development of capabilities to detect anomalies in 
     the use of the basic pilot program that may indicate 
     potential fraud or misuse of the program.
       (b) Coordination With State Governments.--If use of an 
     employer verification system is mandated by State or local 
     law, the Secretary of Homeland Security, in consultation with 
     appropriate State and local officials, shall--
       (1) ensure that State and local programs have sufficient 
     access to the Federal Government's Employment Eligibility 
     Verification System and ensure that such system has 
     sufficient capacity to--
       (A) register employers in States with employer verification 
     requirements;
       (B) respond to inquiries by employers; and
       (C) enter into memoranda of understanding with States to 
     ensure responses to subparagraphs (A) and (B); and
       (2) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the basic pilot 
     program, including appropriate privacy and security training 
     for State employees.
       (c) Responsibilities of the Social Security 
     Administration.--In order to prevent identity theft, protect 
     employees, and reduce the burden on employers, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security, shall--
       (1) review the Social Security Administration databases and 
     information technology to identify any deficiencies and 
     discrepancies related to name, birth date, citizenship 
     status, or death records of the social security accounts and 
     social security account holders that are likely to contribute 
     to fraudulent use of documents, identity theft, or affect the 
     proper functioning of the basic pilot program;
       (2) work to correct any errors identified under paragraph 
     (1); and
       (3) work to ensure that a system for identifying and 
     promptly correcting such deficiencies and discrepancies is 
     adopted to ensure the accuracy of the Social Security 
     Administration's databases.
       (d) Rulemaking.--The Secretary is authorized, with notice 
     to the public provided in the Federal Register, to issue 
     regulations concerning operational and technical aspects of 
     the basic pilot program and the efficiency, accuracy, and 
     security of such program.
       (e) Funding.--Of the amounts appropriated for border 
     security under section 1003, $60,000,000 shall be used to 
     carry out this section, including the expansion and base 
     operations of the Employment Eligibility Verification Basic 
     Pilot Program.
                                 ______
                                 
  SA 2511. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.--. OPERATION JUMP START.

       (a) Additional Amount for Operation and Maintenance, 
     Defense-Wide Activities.--The amount authorized to be 
     appropriated for operation and maintenance for Defense-wide 
     activities is hereby increased by $400,000,000 for the 
     Department of Defense.
       (b) Availability of Amount.--
       (1) In general.--Of the amount authorized to be 
     appropriated for operation and maintenance for Defense-wide 
     activities, as increased by subsection (a), $400,000,000 
     shall be available for Operation Jump Start in order to 
     maintain a significant durational force of

[[Page 21060]]

     National Guard on the southern land border of the United 
     States to assist the United States Border Patrol in gaining 
     operational control of that border.
       (2) Supplement not supplant.--The amount available under 
     paragraph (1) for the purpose specified in that paragraph is 
     in addition to any other amounts available in this Act for 
     that purpose.
                                 ______
                                 
  SA 2512. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 16, line 17, insert ``Provided further, That of the 
     total amount provided under this heading, at least 
     $236,843,596 shall be used to increase, to the maximum extent 
     possible, the number of detention beds available to 
     accommodate aliens detained by the United States Border 
     Patrol, and in acquiring such detention beds, the Secretary 
     of Homeland Security shall consider the use of appropriate 
     portions of military installations approved for closure or 
     realignment under the Defense Base Closure and Realignment 
     Act of 1990 (10 U.S.C. 2687 note).''.
                                 ______
                                 
  SA 2513. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

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

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall--
       (1) develop a national strategy for the effective and 
     appropriate use of closed circuit television to prevent and 
     respond to acts of terrorism, which shall include--
       (A) an assessment of how closed circuit television and 
     other public surveillance systems can be used most 
     effectively as part of an overall terrorism preparedness, 
     prevention, and response program, and its appropriate role in 
     such a program;
       (B) a comprehensive examination of the advantages and 
     limitations of closed circuit television and, as appropriate, 
     other public surveillance technologies;
       (C) best practices on camera use and data storage;
       (D) plans for coordination between the Federal Government 
     and State and local governments, and the private sector--
       (i) in the development and use of closed circuit television 
     systems; and
       (ii) for Federal assistance and support for State and local 
     utilization of such systems;
       (E) plans for pilot programs or other means of determining 
     the real-world efficacy and limitations of closed circuit 
     television systems;
       (F) an assessment of privacy and civil liberties concerns 
     raised by use of closed circuit television and other public 
     surveillance systems, and guidelines to address such 
     concerns; and
       (G) an assessment of whether and how closed circuit 
     television systems and other public surveillance systems are 
     effectively utilized by other democratic countries in 
     combating terrorism; and
       (2) provide to the Committees on Homeland Security and 
     Governmental Affairs, Appropriations, and the Judiciary of 
     the Senate and the Committees on Homeland Security, 
     Appropriations, and the Judiciary of the House of 
     Representatives a report that includes--
       (A) the strategy required under paragraph (1);
       (B) the status and findings of any pilot program involving 
     closed circuit televisions or other public surveillance 
     systems conducted by, in coordination with, or with the 
     assistance of the Department of Homeland Security up to the 
     time of the report; and
       (C) the annual amount of funds used by the Department of 
     Homeland Security, either directly by the Department or 
     through grants to State, local, or tribal governments, to 
     support closed circuit television and the public surveillance 
     systems of the Department, since fiscal year 2004.
       (b) Consultation.--In preparing the strategy and report 
     required under subsection (a), the Secretary of Homeland 
     Security shall consult with the Attorney General, the Chief 
     Privacy Officer of the Department of Homeland Security, and 
     the Officer for Civil Rights and Civil Liberties of the 
     Department of Homeland Security.
                                 ______
                                 
  SA 2514. Ms. CANTWELL (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed to amendment SA 2638 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 22, beginning in line 17, strike ``Provided,'' and 
     insert ``Provided, That no funds shall be available for 
     procurements related to the acquisition of additional major 
     assets as part of the Integrated Deepwater Systems program 
     not already under contract until an Alternatives Analysis has 
     been completed by an independent qualified third party: 
     Provided further, That no funds contained in this Act shall 
     be available for procurement of the third National Security 
     Cutter until an Alternatives Analysis has been completed by 
     an independent qualified third party: Provided further,''.
                                 ______
                                 
  SA 2515. Mrs. FEINSTEIN (for herself, Mr. Martinez, Mrs. Boxer, and 
Mr. Nelson of Florida) submitted an amendment intended to be proposed 
to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) 
to the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds made available to the U.S. 
     Customs and Border Protection may be expended or obligated to 
     compensate personnel in the position of Agricultural 
     Specialist to perform work that is not related to 
     agricultural inspection, agricultural pest interception, or 
     other duties germane to the mission of agricultural 
     inspection.
                                 ______
                                 
  SA 2516. Mr. SALAZAR (for himself, Mr. Menendez, Mr. Martinez, and 
Mr. Graham) submitted an amendment intended to be proposed to amendment 
SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

     SECTION 1. BORDER SECURITY REQUIREMENTS FOR LAND AND MARITIME 
                   BORDERS OF THE UNITED STATES.

       (a) Operational Control of the United States Borders.--
     Notwithstanding any provision in this Act, the President 
     shall ensure that operational control of all international 
     land and maritime borders is achieved.
       (b) Achieving Operational Control.--The Secretary of 
     Homeland Security shall establish and demonstrate operational 
     control of 100 percent of the international land and maritime 
     borders of the United States, including the ability to 
     monitor such borders through available methods and 
     technology.
       (1) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol may hire, 
     train, and report for duty additional full-time agents. These 
     additional agents shall be deployed along all international 
     borders.
       (2) Strong border barriers.--The United States Customs and 
     Border Protection Border Patrol may:
       (A) Install along all international borders of the United 
     States vehicle barriers;
       (B) Install along all international borders of the United 
     States ground-based radar and cameras; and
       (C) Deploy for use along all international borders of the 
     United States unmanned aerial vehicles, and the supporting 
     systems for such vehicles;
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter, the 
     President shall submit a report to Congress detailing the 
     progress made in funding, meeting or otherwise satisfying 
     each of the requirements described under paragraphs (1) and 
     (2).
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.

     SEC. 2. APPROPRIATIONS FOR SECURING LAND AND MARITIME BORDERS 
                   OF THE UNITED STATES.

       Any funds appropriated under this Act shall be used to 
     ensure operational control is achieved for all international 
     land and maritime borders of the United States.
                                 ______
                                 
  SA 2517. Mr. GRASSLEY (for himself, Mr. Thune, Mr. Vitter, Mr. 
Coburn, Mr. Crapo, Mr, Hagel, and Mr. Wyden) submitted an amendment 
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 54, line 24, after ``House of Representatives'' 
     insert ``and any Member of

[[Page 21061]]

     Congress representing any affected State or district''.
                                 ______
                                 
  SA 2518. Mr. KYL (for himself, Mr. Martinez) submitted an amendment 
intended to be proposed to amendment SA 2383 proposed by Mr. Byrd (for 
himself and Mr. Cochran) to the bill H.R. 2638, making appropriations 
for the Department of Homeland Security for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. 2/32/3. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY 
                   VERIFICATION BASIC PILOT PROGRAM.

       Of the amounts appropriated for border security and 
     employment verification improvements under section 1003, 
     $60,000,000 shall be made available to--
       (1) ensure that State and local programs have sufficient 
     access to, and are sufficiently coordinated with, the Federal 
     Government's Employment Eligibility Verification System;
       (2) ensure that such system has sufficient capacity to--
       (A) register employers in States with employer verification 
     requirements;
       (B) respond to inquiries by employers; and
       (C) enter into memoranda of understanding with States to 
     ensure responses to subparagraphs (A) and (B); and
       (3) develop policies and procedures to ensure protection of 
     the privacy and security of personally identifiable 
     information and identifiers contained in the basic pilot 
     program, including appropriate privacy and security training 
     for State employees.
                                 ______
                                 
  SA 2519. Mr. OBAMA (for himself, Mr. Coburn, Mr. Casey, and Mr. 
Durbin) submitted an amendment intended to be proposed to amendment SA 
2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill 
H.R. 2638, making appropriations for the Department of Homeland 
Security for the fiscal year ending September 30, 2008, and for other 
purposes; as follows:

       On page 69, after line 24, insert the following:
       Sec. 536.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than 5 million or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that the contractor or grantee has no 
     unpaid Federal tax assessments, that the contractor or 
     grantee has entered into an installment agreement or offer in 
     compromise that has been accepted by the IRS to resolve any 
     unpaid Federal tax assessments, or, in the case of unpaid 
     Federal tax assessments other than for income, estate, and 
     gift taxes, that the liability for the unpaid assessments is 
     the subject of a non frivolous administrative or judicial 
     appeal. For purposes of the preceding sentence, the 
     certification requirement of part 52.209-5 of the Federal 
     Acquisition Regulation shall also include a requirement for a 
     certification by a prospective contractor of whether, within 
     the three-year period preceding the offer for the contract, 
     the prospective contractor--
       (1) has or has not been convicted of or had a civil 
     judgment or other judicial determination rendered against the 
     contractor for violating any tax law or failing to pay any 
     tax;
       (2) has or has not been notified of any delinquent taxes 
     for which the liability remains unsatisfied; or
       (3) has or has not received a notice of a tax lien filed 
     against the contractor for which the liability remains 
     unsatisfied or for which the lien has not been released.
                                 ______
                                 
  SA 2520. Mrs. DOLE submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 536. DISASTER RELIEF FUND.

       Notwithstanding any other provision of this Act, funds 
     appropriated under this Act for the Disaster Relief Fund may 
     only be used for programs and activities authorized by the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122 et seq.).
                                 ______
                                 
  SA 2521. Mr. ROBERTS (for himself and Ms. Brownback) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec.__. (a) In this section:
       (1) The term ``covered funds'' means funds provided under 
     section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918) to a State that submits an application under 
     that section not earlier than May 4, 2007, for a national 
     emergency grant to address the effects of the May 4, 2007, 
     Greensburg, Kansas tornado.
       (2) The term ``professional municipal services'' means 
     services that are necessary to facilitate the recovery of 
     Greensburg, Kansas from that tornado, and necessary to plan 
     for or provide basic management and administrative services, 
     which may include--
       (A) the overall coordination of disaster recovery and 
     humanitarian efforts, oversight, and enforcement of building 
     code compliance, and coordination of health and safety 
     response units; or
       (B) the delivery of humanitarian assistance to individuals 
     affected by that tornado.
       (b) Covered funds may be used to provide temporary public 
     sector employment and services authorized under section 173 
     of such Act to individuals affected by such tornado, 
     including individuals who were unemployed on the date of the 
     tornado, or who are without employment history, in addition 
     to individuals who are eligible for disaster relief 
     employment under section 173(d)(2) of such Act.
       (c) Covered funds may be used to provide professional 
     municipal services for a period of not more than 24 months, 
     by hiring or contracting with individuals or organizations 
     (including individuals employed by contractors) that the 
     State involved determines are necessary to provide 
     professional municipal services.
       (d) Covered funds expended under this section may be spent 
     on costs incurred not earlier than May 4, 2007.
                                 ______
                                 
  SA 2522. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed to amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. 
Cochran) to the bill H.R. 2638, making appropriations for the 
Department of Homeland Security for the fiscal year ending September 
30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. 536. NATIONAL TRANSPORTATION SECURITY CENTER OF 
                   EXCELLENCE.

       If the Secretary of Homeland Security establishes a 
     National Transportation Security Center of Excellence to 
     conduct research and education activities, and to develop or 
     provide professional security training, including the 
     training of transportation employees and transportation 
     professionals, the Mineta Transportation Institute at San 
     Jose State University shall be included as a member 
     institution of such Center.
                                 ______
                                 
  SA 2523. Mr. KERRY (for himself and Mr. Hatch) submitted an amendment 
intended to be proposed by him to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 2/32/3. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

       (a) Short Title.--This section may be cited as the ``Arts 
     Require Timely Service Act'' or the ``ARTS Act''.
       (b) Amendment.--Section 214(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by striking ``(D) Any person'' and inserting the 
     following:
       ``(D)(i) Except as provided under clause (ii), any 
     person''; and
       (B) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien who has extraordinary ability in 
     the arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) not later than 30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     appropriate opportunity to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is a qualified nonprofit 
     organization or an individual or entity petitioning primarily 
     on behalf of a qualified nonprofit organization, the 
     Secretary of Homeland Security shall provide the petitioner 
     with the premium-processing services referred to in section 
     286(u), without a fee.''.
                                 ______
                                 
  SA 2524. Mr. COLEMAN (for himself and Mr. Allard, Ms. Klobuchar, and

[[Page 21062]]

Mr. Salazar) submitted an amendment intended to be proposed to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

       At the end of the bill, insert the following:
       Sec. __. Of amounts appropriated under section 1003, 
     $100,000,000, with $50,000,000 each to the Cities of Denver, 
     Colorado, and St. Paul, Minnesota, shall be available for 
     State and local law enforcement entities for security and 
     related costs, including overtime, associated with the 
     Democratic National Conventional and Republican National 
     Convention in 2008. Amounts provided by this section are 
     designated as an emergency requirement pursuant to section 
     204 of S. Con. Res. 21 (110th Congress).
                                 ______
                                 
  SA 2525. Ms. LANDRIEU proposed an amendment to amendment SA 2383 
proposed by Mr. Byrd (for himself and Mr. Cochran) to the bill H.R. 
2638, making appropriations for the Department of Homeland Security for 
the fiscal year ending September 30, 2008, and for other purposes; as 
follows:

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

     SEC. 536. EVACUATION AND SHELTERING.

       (a) Regional Evacuation and Sheltering Plans.--
       (1) In general.--Not later than 360 days after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in coordination with the heads 
     of appropriate Federal agencies with responsibilities under 
     the National Response Plan or any successor plan, States, 
     local governments, and appropriate nongovernmental 
     organizations, shall develop and submit to Congress, regional 
     evacuation and sheltering plans that--
       (A) are nationally coordinated;
       (B) incorporate all appropriate modes of transportation, 
     including interstate rail, commercial rail, commercial air, 
     military air, and commercial bus;
       (C) clearly define the roles and responsibilities of 
     Federal, State, and local governments in the evacuation plan; 
     and
       (D) identify regional and national shelters capable of 
     housing evacuees and victims of an emergency or major 
     disaster in any part of the United States.
       (2) Implementation.--After developing the plans described 
     in paragraph (1), the Administrator of the Federal Emergency 
     Management Agency and the head of any Federal agency with 
     responsibilities under those plans shall take necessary 
     measures to be able to implement those plans, including 
     conducting exercises under such plans as appropriate.
       (b) National Sheltering Database.--The Administrator of the 
     Federal Emergency Management Agency, in coordination with 
     States, local governments, and appropriate nongovernmental 
     entities, shall develop a national database inventorying 
     available shelters, that can be shared with States and local 
     governments.
       (c) Cost-Benefit Analysis.--
       (1) In general.--The Administrator of the Federal Emergency 
     Management Agency, in consultation with the heads of 
     appropriate Federal agencies with responsibilities under the 
     National Response Plan or any successor plan, shall conduct 
     an analysis comparing the costs, benefits, and health and 
     safety concerns of evacuating individuals with special needs 
     during an emergency or major disaster, as compared to the 
     costs, benefits, and safety concerns of sheltering such 
     people in the area they are located when that emergency or 
     major disaster occurs.
       (2) Considerations.--In conducting the analysis under 
     paragraph (1), the Administrator of the Federal Emergency 
     Management Agency shall consider--
       (A) areas with populations of not less than 20,000 
     individual needing medical assistance or lacking the ability 
     to self evacuate;
       (B) areas that do not have an all hazards resistance 
     shelter; and
       (C) the health and safety of individuals with special 
     needs.
       (3) Technical assistance.--The Administrator of the Federal 
     Emergency Management Agency shall, as appropriate, provide 
     technical assistance to States and local governments in 
     developing and exercising evacuation and sheltering plans, 
     which identify and use regional shelters, manpower, 
     logistics, physical facilities, and modes of transportation 
     to be used to evacuate and shelter large groups of people.
       (d) Definitions.--In this section, the terms ``emergency'' 
     and ``major disaster'' have the meanings given those terms in 
     section 102 of ther Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
                                 ______
                                 
  SA 2526. Ms. COLLINS (for herself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 2383 proposed by Mr. 
Byrd (for himself and Mr. Cochran) to the bill H.R. 2638, making 
appropriations for the Department of Homeland Security for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert:
       Of the funds provided under this Act or any other Act to 
     United States Citizenship and Immigration Services, not less 
     than $1,000,000 shall be provided for a benefits fraud 
     assessment of the H-1B Visa Program.
                                 ______
                                 
  SA 2527. Mrs. MURRAY (for Ms. Landrieu) proposed an amendment to 
amendment SA 2383 proposed by Mr. Byrd (for himself and Mr. Cochran) to 
the bill H.R. 2638, making appropriations for the Department of 
Homeland Security for the fiscal year ending September 30, 2008, and 
for other purposes; as follows:

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

     SEC. 536. IN-LIEU CONTRIBUTION.

       The Administrator of the Federal Emergency Management 
     Agency shall authorize a large in-lieu contribution under 
     section 406(c)(1) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) to the 
     Peebles School in Iberia Parish, Louisiana for damages 
     relating to Hurricane Katrina of 2005 or Hurricane Rita of 
     2005, notwithstanding section 406(c)(1)(C) of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172(c)(1)(C)).

                          ____________________